Wednesday, October 28, 2009

3d DCA Watch -- Safe Inside The Bunker Again!


Yes, folks, the moment we have been waiting for has finally arrived -- the long national nightmare of having to pay for your own parking at the 3d DCA has come to its own inglorious end, not with a bang but with these few simple words:
Beginning Monday, October 26, 2009 the Court will resume hearing oral arguments at the courthouse located at 2001 S.W 117th Avenue, Miami, FL 33176.
Just as suddenly as they appeared, the dark overlords otherwise known as the "FIU Parking Authority" (pictured above) have been forced back to their subterranean cells, no longer free to taunt or target for sport those of us who merely want to enjoy free coffee and a delightful morning of oral arguments with this chilling phrase: YOU MUST PAY THE METER CHARGE YOU MUST PAY THE METER CHARGE YOU MUST PAY THE METER CHARGE YOU MUST PAY THE METER CHARGE

Enough!

I want to continue, but it's hard to describe my emotions -- a mix of relief, joy, exhaustion, tinged with a touch of disbelief. Could this be real?

So I'm slightly wary but willing to trust again, I want this to work, I really do, so let's tentatively proceed from a very safe place with this week's 3d DCA Watch:

Skylake Insurance v. NMB Plaza:

I've often wondered "do the FL Bar sections really do anything"?

Well apparently they do:
The question, then, is whether the lease must also comply with the two witness requirement of section 689.01. In accordance with the views of the Real Property, Probate & Trust Law Section of The Florida Bar as amicus curiae, we hold that the answer is yes.
The Court then drops this footnote:
The Court expresses its appreciation to the Section for submission of its amicus brief.
You're not kidding -- way to farm out the hard stuff!

I wish I could have had the Probate and Trust Law Section handle my T&E class with Professor Gaubatz. (RIP).

Honeywell v. Guilder:

The 3d reverses a $24 million dollar verdict involving asbestos exposure and peritoneal mesothelioma, finding there were issues with Fabre and with a portion of a letter introduced at trial that was "unfairly prejudicial."

Yep -- bad facts can do that sometimes.

818 Asset v. Neiman:

Once again the 3d revisits default judgments and motions to set them aside.

This time a three-judge panel can't agree on the proper standard or even the proper facts on appeal, leading to a lengthy special concurrence by Judge Wells and an even lengthier dissent by Judge Shepherd.

Perhaps we should just wipe the slate clean on this area of the law and start from scratch.

Actually, there are several areas of Florida law that could probably use a hard reset.

But where to start?

9 comments:

  1. Nice pic of Joe Lieberman.

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  2. SFL, are you Dallas or Ripley?

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  3. Just a note to applaud any mention, anywhere, of Prof. Gaubatz and his T&E class -- to say nothing of Elements.

    He is sorely missed.

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  4. You get a 26 million dollar reversed. What do you do? Take Shumie time for the day.

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  5. I'll be interested to see how the remodeling at the 3d DCA came out. I'm sure it will be a very modern bunker now!

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  6. The details and exact location of the newly reinforced bunker are a state secret.

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  7. Heard rumor AS may have troubling year-end? any news on that?

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