Wednesday, April 14, 2010

3d DCA Watch -- In re Vigo Edition


Hi kids, it's a crazy hump day out there and I have an FBA luncheon to get to, but no worries -- the Resplendent Ones, the Robed Ones, the Swillers of the Judicial Coffee -- yes the inhabitors of that very concrete bunker of sorta-justice by the highway -- have spoken!

And they say to us that all is well, that all is right with the world.

Amen.

Oh yeah, I almost forgot the opinions.....

Beltran v. Rodriguez:

This is a trucking accident negligence case in which Judge Areces granted a DV to defendant, and the 3d upholds.

The plaintiff's expert probably didn't help much:

Daniel Melcher, the accident reconstruction expert hired by the Plaintiff, testified that although he observed several defects, none of the truck’s defects contributed to the accident because, inter alia, there was no evidence that the Truck Driver took any measures to avoid the collision, including reducing his speed, braking, or swerving.
Hernandez v. City of Miami:

Imagine that -- a defective storm drain in the City of Miami?

Shocking!

But the plaintiff apparently gave inconsistent and contradictory answers so the trial judge struck his pleadings and dismissed with prejudice.

Not so fast:

A trial court’s decision on whether to dismiss a case for fraud on the court is reviewed under a narrow abuse of discretion standard. See Cherubino v. Fenstersheib & Fox, P.A., 925 So. 2d 1066 (Fla. 4th DCA 2006). For the trial court to properly exercise its discretion, there must be an evidentiary basis to dismiss the case. See Ramey, 993 So. 2d at 1018.

Here, the trial court did not have a clear and convincing evidentiary basis to dismiss the case for fraud on the court. Therefore, we find that the trial court abused its discretion in striking the pleadings and dismissing with prejudice Hernandez’s claim.

Invego v. Rodriguez:

This case presents a very interesting fact pattern:

Vigo was born in 1505 in the small country of Carpathia in Hungary, near Italy. He soon rose to power and ruled his country with an iron fist. Because of his evil ways he wasn't well liked by his people and subjects & killed hundreds of them. He was also known as Vigo the Cruel, Vigo the Torturer, Vigo the Despised, and Vigo the Unholy. Peter Venkman jokingly adds Vigo the Butch to the list of aliases.

He eventually died at the age of 105 in 1610, but not because of his old age. His people had led a rebellion and they tried and executed him in a manner that they sought fit for his rule. He was poisoned, shot, stabbed, stretched, disembowled, hung, and drawn and quartered. Just after they removed his head, he uttered this prophetic warning: "Death is but a door. Time is but a window. I'll be back. According to the movie, Vigo was a powerful magician, a tyrant, a genius in many ways, also a lunatic and a genocidal madman.

Ooops, got hung up on the Vigo part.

(Hey, it's a slow week!)

15 comments:

  1. Hey, it's a slow week-- Where the hail is everybody? Where is the snark, humor?

    ReplyDelete
  2. Luncheon? In SFL translation, afternoon "windsurfing."

    ReplyDelete
  3. Louis Tully: Your Honor, ladies and gentleman of the audience, I don't think it's fair to call my clients frauds. Sure, the blackout was a big problem for everybody. I was trapped in an elevator for two hours and I had to make the whole time. But I don't blame them. Because one time, I turned into a dog and they helped me. Thank you.

    [the courtroom is in bewildered silence]

    Egon: Very good, Louis. Short, but pointless.

    ReplyDelete
  4. fake Ivan ReitmanApril 14, 2010 at 2:08 PM

    Ghostbusters III baby!

    http://nymag.com/daily/entertainment/2010/03/ghostbusters_3_ivan_reitman.html

    ReplyDelete
  5. If there's something strange
    in your neighborhood
    Who ya gonna call?
    GHOSTBUSTERS

    If there's something weird
    and it don't look good
    Who ya gonna call?
    GHOSTBUSTERS

    I ain't afraid of no ghosts
    I ain't afraid of no ghosts

    If you're seeing things
    running through your head
    Who can ya call?
    GHOSTBUSTERS

    An invisible man
    sleeping in your bed
    Who ya gonna call?
    GHOSTBUSTERS

    I ain't afraid of no ghosts
    I ain't afraid of no ghosts

    Who ya gonna call?
    GHOSTBUSTERS

    If ya all alone
    pick up the phone
    and call
    GHOSTBUSTERS

    I ain't afraid of no ghosts
    I here it likes the girls
    I ain't afraid of no ghost
    Yeah Yeah Yeah Yeah

    Who ya gonna call?
    GHOSTBUSTERS

    If you've had a dose of a
    freaky ghost baby
    Ya better call
    GHOSTBUSTERS

    Lemme tell ya something
    Bustin' makes me feel good!

    I ain't afraid of no ghosts
    I ain't afraid of no ghosts

    Don't get caught alone no no

    GHOSTBUSTERS

    When it comes through your door
    Unless you just want some more
    I think you better call
    GHOSTBUSTERS

    Who ya gonna call?
    GHOSTBUSTERS

    Who ya gonna call?
    GHOSTBUSTERS

    I think you better call
    GHOSTBUSTERS

    Who ya gonna call?
    GHOSTBUSTERS

    I can't hear you
    Who ya gonna call?
    GHOSTBUSTERS

    Louder
    GHOSTBUSTERS

    Who ya gonna call?
    GHOSTBUSTERS

    Who can ya call?
    GHOSTBUSTERS

    Who ya gonna call?
    GHOSTBUSTERS

    ReplyDelete
  6. Ahhh afternoon "windsuring".

    Dedicated to SFL and "windsurfing" companion. Ladies and gents, Babs--

    Love in the Afternoon,
    Love in the Afternoon
    He walked right up and told me that he liked my style
    I noticed something different in the way he smiled
    He said "You're quite a lady and I know a place that's shady
    Would you like to come and lie with me awhile?"
    And deep in my soul I could feel a quiver
    Then he went down and found that sweet old river
    And he showed me the way to find love in the afternoon.

    I knew he was a stranger but I didn't care
    We had something in common but it wasn't clear
    He said that life's a lover when you love and like no other
    Don't you think it's time for you to get your share?

    And deep in my soul I could feel a quiver
    Then he went down and found that sweet old river
    And he showed me the way to find love in the afternoon.


    Mmmmmm…
    I never could remember or recall his name
    But I hang on to that memory just the same
    I know it makes me crazy, it makes my head all hazy
    To think about the way he played that game

    And deep in my soul I could feel a quiver
    Then he went down and found that sweet old river
    And he showed me the way to find love in the afternoon.

    Yes, deep in my soul, I could feel a quiver
    Then he went down and found that sweet old river
    And he showed me the way to find,
    Showed me and showed me and showed me
    The way to find love in the afternoon

    ReplyDelete
  7. Who is cooler? Vigo, Dr Evil, or Lex Luther

    BTW- Babs? Geez.

    ReplyDelete
  8. Plaintiffs Seek to Revive Holland & Knight Ponzi Suit

    By: Julie Kay

    Daily Business Review

    April 14, 2010

    Investors are asking a Tampa federal judge to reconsider her dismissal of a class action lawsuit filed against Holland & Knight for alleged negligence tied to a Sarasota investment adviser accused of running a $400 million Ponzi scheme.

    ReplyDelete
  9. I confuse Ray Parker for Billie Dee. Babs on a Hump Day?

    ReplyDelete
  10. In my opinion you are not right. I am assured. I can prove it. Write to me in PM, we will talk.

    ReplyDelete
  11. I hope, you will come to the correct decision. Do not despair.

    ReplyDelete
  12. To be more modest it is necessary

    ReplyDelete
  13. A good man is hard to find. (Good men are scarce).

    ReplyDelete