Wednesday, April 21, 2010

3d DCA Watch -- Judge Shepherd Recounts Facts With Certainty.


Well kids it got a little crazy, and much mirth, madness and mayhem was to be had.

But at the end of it all the coffee has been swilled, the robes worn, and all that's left are the written remainders and our own fragile, precious memories......

Naranja Princeton v. Cornerstone:

Tip for practitioners -- if you want a jury trial, put the demand in your complaint:
In its cover sheet, NPCDC asserted that in its complaint NPCDC made a demand for a jury trial. However, a review of the complaint reflects that no such demand was made. Additionally, NPCDC failed to comply with rule 1.430(b), and therefore, waived its right to a jury trial. See Fla. R. Civ. Proc. 1.430(d) (“Providing that a party who fails to serve a demand as required by this rule waives trial by jury . . . .”). We also conclude that even if NPCDC had made a proper demand for jury trial, NPCDC waived its right to argue on appeal that the trial court erred by setting the cause for a non-jury trial because it failed to object to the several orders setting the cause for a non-jury trial.
Oy, better call the carrier.

Bosem v. C&I:

Judge Shepherd lowers the boom on a licensed attorney for alleged insurance fraud -- double oy kids:
Sanford Bosem, a licensed Florida attorney, contends the trial court erred in disposing of this case on summary judgment where allegations of fraud were at issue. Ordinarily, we would agree with Bosem that cases centering on allegations of fraud are unsuitable for summary judgment, see Burton v. Linotype Co., 556 So. 2d 1126, 1128 (Fla. 3d DCA 1989); however, we have before us the extraordinary case where the facts evidencing fraud are so clear from the record that entry of summary judgment is not only appropriate, but compelled. See Stephens v. Kies Oil Co., Inc., 386 So. 2d 1289, 1290 (Fla. 3d DCA 1980).

Despite Bosem’s eleventh-hour attempts to alter his position in response to Appellee’s affirmative defenses, counterclaims and motion for summary judgment, the facts of this case are clear. Appellant sought insurance benefits under the guise of “lost wages,” despite full compensation by his employer for a year’s worth of income. Furthermore, his calculation of weekly earnings was immensely exaggerated.1 It also was not until his suit was threatened by allegations of fraud that he began re-characterizing his claim as one of “loss of earning capacity,” as opposed to “lost wages,” notwithstanding the absence of any plausible evidence in support of this position.
"So let it be written, so let it be done," the Judge added.

BTW, I love the certainty with which Judge Shepherd lays all that out.

There's also some social policy thrown in for good measure:
Fraud provisions are enacted to provide a disincentive to individuals considering the commission of such misrepresentations.
Ahh, the old "rational crook."

Still, it's very true and -- given the headlines recently, I have to hope this applies to corporations in addition to individuals.

28 comments:

  1. Rothstein was a rational crook.

    ReplyDelete
  2. Roethlisbgerger suspended for six games!! Somebody call the Q!!!

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  3. I never do this- but I cant take it any more. I'm cashing in a shumie chip. I'm outta here.

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  4. The Shumie's been called.

    GOODBYE SUCKERS

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  5. You've been busted bitching about shumie to rumpole. Shame on you. First off- our chatter is better than that moronic princess crap you used to be saddled with. Second, we can take our discussions elsewhere- look how many comments Markus gets.

    ReplyDelete
  6. ham and eggers for ShumieApril 21, 2010 at 4:40 PM

    JBB = state court hacks.

    ReplyDelete
  7. shumie time is called. shumie time is called. shumie time is called.
    shumie time is called. shumie time is called. shumie time is called.
    shumie time is called. shumie time is called. shumie time is called.
    shumie time is called. shumie time is called. shumie time is called.

    ReplyDelete
  8. 3:2g- shumie chip?

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  9. shum shitties need to grow up

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  10. These shumie comments are 'effing CRAP!!!! Go back to JBB you 'effing shumie lunatics! Rump is shitting in his pants laughing the shumie commentators are all over this blog and not his anymore.

    ReplyDelete
  11. Outta shumie chips?

    Bad credit? No problem!

    Complete the 60 second application form online and before you know it, your shumie chips will be on its way to your bank account.

    Call the Loan Shumie Shark.

    ReplyDelete
  12. 5:11-- Comment moderation-- If Rump is getting shumie comments he doesn't appear to be publishing them.

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  13. Rumpole and trial tax = SFL and Iqbal.

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  14. 5:30-- What is the interest rate?

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  15. Calling the shumie in advanced, tomorrow at noon--

    Shumie Time referee?

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  16. 6:02-- Rates as low as 3.99% APR-- The Annual Percentage Rate (APR) will vary at Prime Rate as published in the Wall Street Journal. As of March 26, 2010, the variable rate for lines of credit is Prime + 0.74% to Prime + 5.74% (3.99% APR to 8.99% APR). In parts of Arizona, California and Nevada the variable rate for lines of credit is Prime +1.00 - Prime +6.00% (4.25% APR to 9.25%).

    Combines the flexibility of a line of credit with various monthly payment options. And with our Fixed Rate Option get a fixed interest rate and monthly payment on all or a part of your balance.
    Provides the ability to lock in a fixed rate 1 on all of or any part of your variable balance at any time
    Offers flexible payment options, including interest-only
    Less paperwork, along with faster decision turn-around time
    No points, fees, origination or closing costs
    A convenient, streamlined process

    We offer competitive interest rates, no closing costs and low monthly payments for shumie chips.

    Shumie Bank Of America.

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  17. 6:07, Calling shumie in advanced will cost 2 shumie chips.

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  18. The princess can sit on my saddle. I got a long whip thats' lonely.
    Calling the shumie!

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  19. where are shumie chips sold?

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  20. Shumie chips are sold at all Miami area banks. Sold in packs of ten and twenty.

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  21. Good post but comments are fucking brainless.

    @6:27-- If your "whip" is lonely here's a suggestion-- introduce it to your hand.

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  22. 7:28, The pot calling the kettle black. Your comment qualifies being fucking brainless.

    Shumie Out

    ReplyDelete
  23. Forget Glenn. SFL you need the Orkin man to put a stop to the shumie infestation.

    ReplyDelete
  24. To SFL: You need to stop this "Shumie" nonsense. It is affecting the quality of this blog. This blog is a combination of sophisticated and self deprecating humor combined with an attempt at serious thought that is degenerating into the equivalent of a room full of 3rd graders making farting sounds and the like and thinking it is funny. Enough!

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  25. STL is right, enough is enough.

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  26. Can't we all just get along?

    ReplyDelete