Wednesday, April 7, 2010

3d DCA Watch -- Equities Notwithstanding Edition


Hi folks!

First off, let me announce the winner of the Scott Rothstein new undercover name contest -- and thank you all for your creative entries.

The swag bag goes to the entrant who proposed the following descriptive nom de plume:
Human sausage casing.
A close runner up:
Schlubby McPutz.
Way to go kidzzzz!

Onward inside the button-down mind of the Resplendently Robed Ones we go.......

Quiroga v. Citizens Property:

Richard Valuntas, Richard Valuntas, Richard Valuntas, that's all you ever write about nowadays!

I know, but as Zippy Zygote notes, there is synchronicity in the air.

I'll let Judge Shepherd explain in yet another "I must hold my nose as I write this opinion" opinion:
This is an appeal from an order denying the law firm of Katzman Garfinkel and Rosenbaum’s motion to impress a charging lien on the homeowner’s insurance proceeds for damages caused by two hurricanes. The Katzman law firm secured the proceeds for the benefit of its client and policy insured, Jesse Quiroga, in appreciation for which Quiroga not only terminated the law firm’s contingent fee representation of him, but also sought to shield himself from any responsibility to compensate his counsel by claiming the insurance proceeds are exempt homestead property, not subject to attachment by means of a charging lien. See Art. X, § 4(a),
Fla. Const.
Hey, that doesn't seem right!

But is it legal?

Judge Shepherd, nose firmly in hand, says it is:
Because Quiroga did not and, as a matter of public policy in this State, cannot through an unsecured agreement, such as the contingent fee agreement in this case, enter into an enforceable contract to divest himself from the exemptions afforded him through Article X, section 4(a), see Chames v. DeMayo, 972 So. 2d 850, 853 (Fla. 2007), this Court is compelled to affirm the order under review, the equities of the matter notwithstanding.
So is this a roadmap for yet another way to screw your lawyer?

16 comments:

  1. Where is that painting from? That is genuinely scary.

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  2. Equities Be Damned!!April 7, 2010 at 4:26 PM

    Too early to Shum?

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  3. Away from the office and missed the contest. What does the winner receive?

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  4. PUT UP A NEW POST. THAT PAINTING IS FREAKING ME OUT!

    BRING THE CARVER PLEASE!!!

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  5. The painting is creepy, SFL.

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  6. Post a pic of the human sausage casing.

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  7. Richard Cabesa deserved to win

    Richard. Nickname = Dick
    Cabesa. Spanish = Head

    SFL = Gringo

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  8. Some of your readers SFL are in need of an art history lesson.

    The painting is done by Ivo Saliger, twentieth century Austrian artist.

    "During the 1920's and 1930's, Ivo Saliger developed strong Art Deco elements within his art. These elements are clearly seen in "Justice" where a lawyer steadfastly defends his client who is threatened by the mob before them. This is brilliantly portrayed by the clenched hands and pointing fingers in the foreground. Behind them looms the giant figure of justice with her familiar symbols of the scales, the sword and the blindfold."

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  9. Hitler's Favotite ArtistApril 7, 2010 at 8:57 PM

    Nice pic!

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  10. But one would think that one lawyer dreamed up the way to screw the other lawyers. See, that's what we find so distasteful about civil law.

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  11. Put up a new post.That painting is freaking me out!

    Best Attorney

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  12. Shutts is for life

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  13. 3:16- quit spamming

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  14. The picture SFL posted gives his readers something to comment and think about.

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  15. Agreed, great picture

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  16. Fascinating look at Lady Justice. What is the boy fearful of? Is the man a judge, friend or foe?

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