Thursday, April 1, 2010

Florida Supreme Court Recognizes the Obvious.


I know it's April Fool's Day and all, so I was not expecting the Florida Supreme Court to be so blunt and well....honest in how screwed up offer of judgment law is in the State of Florida:
The expected result of the attorneys‟ fee sanction was to reduce litigation costs and conserve judicial resources by encouraging the settlement of legal actions. See Sarkis v. Allstate Ins. Co., 863 So. 2d 210, 218 (Fla. 2003). The effect, however, has been in sharp contrast to the intended outcome because the statute and rule have seemingly increased litigation as parties dispute the respective validity and enforceability of these offers. See, e.g., Security Professionals, Inc. v. Segall, 685 So. 2d 1381, 1384 (Fla. 4th DCA 1997) (“We regret that this case is just one more example of the offer of judgment statute causing a proliferation of litigation, rather than fostering its primary goal to „terminate all claims, end disputes, and obviate the need for further intervention of the judicial process.‟ ”) (quoting Unicare Health Facilities, Inc. v. Mort, 553 So. 2d 159, 161 (Fla. 1989)).
No s*^t, Sherlock.

I can't even believe there was reasoned debate over whether or not this proposal for settlement was valid:
This offer is conditioned upon the offer being accepted by both John W. Gorka and Laurel Lee Larson. In other words, the offer can only be accepted if both John W. Gorka and Laurel Lee Larson accept and neither Plaintiff can independently accept the offer without their co-plaintiff joining in the settlement.
So you're basically offering a twisted version of the prisoner's dilemma?

Gotta love this crazy State.

20 comments:

  1. Blame the Legislature, SFL.

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  2. SFL and the latina have to choose -- save themselves, or each other. Which do you choose??

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  3. BYE BYE SHUMIE BYE BYE

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  4. Why is everyone so quiet today?

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  5. 5:41-- mourning of shumie.

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  6. YOU MAY CONTACT MR. GUS ABELLA PHONE# 305-305-6622 OR E-MAIL KEEPINGMLML@YAHOO.COM EASL members,

    I have been contacted my Mr. and Mrs. Abella (e-mail address above) regarding potential representation on their behalf against the Town of Miami Lakes and various others for Slander, Conspiracy to Defame and Harassment. There also is a potential 18 USC 1983 action which also could be asserted. These people have been horribly wronged and taken advantage of by the Town and others for voicing their Constitutional rights and have been retaliated against. While I am sympathetic to their cause my firm is unable to accept the representation. This is a contingency case and if the 1983 action is plead there could be attorney fees. If any of the litigators out there (or anyone you may know) would like to take the matter and champion their cause please contact the Abellas at their e-mail address above. This is the type of case that an aggressive litigator could win and at the same time do something to help the Abellas who have really taken it on the chin by the legal and political system.

    Thank you for any of your efforts,

    Alan

    Alan K. Fertel

    Pathman Lewis, LLP

    One Biscayne Tower , Suite 2400

    2 South Biscayne Boulevard

    Miami, FL 33131

    T - 305-379-2425

    F - 305-379-2420

    ReplyDelete
  7. Thanks Alan -- I hope someone is able to help the Abellas out.

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  8. CONSPIRED AND DEFAMED CONSTITUENT FOR VOICING CONSTITUTIONAL RIGHTS BY CITY OFFICIAL
    AFTER MY WIFE FILED A COMPLAINT AGAINTS MIAMI LAKES CITY OFFICIAL NANCY SIMON WITH THE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF REAL ESTATE IN JULY 2007, OF SELLING REAL ESTATE WITH OUT A LICENSE AND NANCY SIMON WAS FOUND GUILTY IN TALLAHASSE, THE RETALIATION THAT MY 11 YEAR OLD DAUGHTER AND FAMILY HAVE GONE THRU HERE IN MIAMI LAKES FOR THE PAST 2 YEARS, I HOPE THAT NO OTHER RESIDENT HERE IN MIAMI LAKES EXPERIENCE THIS . WE HAVE BEEN HORRIBLY WRONGED AND TAKEN ADVANTAGED OF BY THE TOWN AND OTHERS FOR VOICING OUR CONSTITUTIONAL RIGHTS AND HAVE BEEN RETALIATED AGAINST. THERE HAS BEEN SLANDER, CONSPIRACY TO DEFAME , THREATS , HARASSMENT, ABUSE OF POWER, PERJURY, AND MUCH MORE, BY MIAMI LAKES CITY OFFICIAL NANCY SIMON, EX-MAJOR OF THE TOWN MIAMI LAKES POLICE AND NOW TOWN MANAGER FRANK BOCANEGRA, OFFICER JUAN RODRIGUEZ, CARLOS RAMON SIMON ,NANCY SIMONS BROTHER. WE HAVE EVIDENCE AND WERE HOPING AND PRAYING JUSTICE PERVAILS. MOST OF THIS MALICE HAS BEEN ON THE WAY TO TAKE MY DAUGHTER TO SCHOOL OR AT HER SCHOOL OR ON THE WAY BACK AND AT OUR HOME. MANY HERE IN MIAMI LAKES HAVE KNOWLEDGE OF WHAT MY FAMILY IS GOING THRU AND HAVE NOT STOOD UP AND THAT IS JUST AS BAD AS THESE THAT HAVE HORRIBLY WRONGED US. " EVIL TRIUMPH WHEN GOOD MEN DO NOTHING " FOR THE LAST 2 YEARS I HAVE BEEN SAFE GUARDING MY FAMILY FROM THIS ELEMENT AND LAW ENFORCEMENT NOR THE STATE ATTORNEY HAS NOT DONE A THING. BUT WITH THE LORDS HELP THERE IS NOTHING COVERED UP THAT WILL NOT BE REVEALED, AND HIDDEN THAT WILL NOT BE KNOWN.

    This Sunday, April 18th, 2010 @ 8:00 p.m. on Channel 8, Comcast, Program "Entre Nos", there will an interview with all this information and evidence. If you don't have Comcast Cable, you can watch it online, click the link below.

    http://www.gentvlive.com/

    ReplyDelete
  9. The holidays are a time ed hardy of getting together with friends ed hardy shoes and family, attending elaborate ed hardy clothing parties, and other exciting events ed hardy clothes that involves dressing up in stunning ed hardy store wardrobes. If you ed hardy Bikini are pregnant during ed hardy swimsuits the holidays, it does not ed hardy Caps mean that you are unable buy ed hardy to look fabulous and ed hardy swimwear stylish. Now, an expectant ed hardy sale mother has many styles of chic ed hardy glasses maternity clothing that allows cheap ed hardy her to show off her baby bump Christian audigier while looking spectacular.

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  10. Is this the same Miami Dade Police in Miami Lakes that has harassed the Abella family, And arrested Mrs Angela Garrison UNJUSTLY.
    Click and view on you tube :
    Miami Lakes Vice Mayor Nancy Simon Lawmaker or LAWBREAKER

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  11. MIAMI LAKES ; you voice your constitutional rights in Miami Lakes and a certain city official disagrees then you get harassed by the Police why ? is it abuse of power, corruption ? If Frank Bocanegra would not have been close with Carlos Garcia the Director of Miami Dade Police Public corruption unit, would Bocanegra gotten away with what he has done to Evelyn Roig, Angela Garrison and the Abella family??????????

    ReplyDelete
  12. MIAMI LAKES, Miami Lakes---
    Miami Herald - September 12, 2010 - ND4

    MIAMI LAKES: Ex-Miami Lakes activist cleared of disorderly conduct charges, Former Miami Lakes activist Angela Garrison was acquitted of disorderly conduct and making excessive noise. Garrison called the charges 'political retaliation.' Former Miami Lakes activist Angela Garrison was found not guilty this week in Miami-Dade County Court on charges of disorderly conduct and excessive noise. Miami-Dade police arrested Garrison, 42, on Easter Sunday at her home after her neighbor complained to police about her music. Police charged her with disorderly conduct -- a misdemeanor offense -- and for violating a county noise ordinance. On Tuesday, Sam Slom, chief administrative judge for Miami-Dade's
    Miami Lakes needs to be investigated by the Federal Government ASAP.

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  13. Why did MDPD Miami Lakes Police Commander Frank Cole Bocanegra allow Miami Lakes Councilmember & Lawbreaker Nancy Simon and Officer Juan Rodriguez to conspire to injure, oppress, threaten, and intimidate the Abella family ? Why have Abellas complaints been OBSTRUCTED ? Nothing that is hidden in this case will remain hidden., and that is our prayer to God. WHY DID MIAMI DADE POLICE OFFICER JUAN RODRIGUEZ ACCOMPANIED SIMON TO COURT WITH HER FALSE ACCUSATIONS AGAINST MR. ABELLA ? WHY HAS MIAMI DADE POLICE OFFICER JUAN RODRIGUEZ FOLLOWED AND HARASSED THE ABELLA FAMILY ON THE WAY TO TAKE THERE YOUNG DAUGHTER TO SCHOOL ? WHY HAS OFFICER JUAN RODRIGUEZ TICKETED MR.ABELLA IN THE MORNING AND IN THE AFTERNOON AT HIS DAUGHTERS SCHOOL ? WHY DID OFFICER JUAN RODRIGUEZ REQUEST POLICE PRESENCE WHERE MR.& MRS. ABELLAS YOUNG DAUGHTER TOOK BALLET CLASSES ?

    ReplyDelete
  14. The Abella family have been horribly wronged and taken advantage of by the Town and others for voicing their Constitutional rights and have been retaliated against. Please do something to help the Abellas who have really taken it on the chin by the legal and political system.

    Mr Abella cell# 305-305-6622

    View : http://www.youtube.com/watch?v=9Rn-u6g-__E

    Since 2007 the Abella have been wronged til today.

    Google: Miami Lakes Nancy Simon,
    get ready to see and witness LAWLESSNESS, ABUSE, By Miami Lakes Councilmember and Lawbreaker Nancy Simon.

    ReplyDelete
  15. Miami Lakes Taxpayers Pay For Nancy Simon's Legal Defense.
    Miami Lakes Town Councilwoman Nancy Simon is one special elected official. While local ​politicians generally pay for their own legal defense when facing charges of unethical behavior, Simon's attorneys (who also represent the town) billed Miami Lakes taxpayers. According to invoices obtained by Banana Republican, Miami Lakes paid $52,185 to the law firm of Weiss, Serota, Helfman, Pastoriza, Cole & Boniske between October 2008 and June of this year to defend Simon against complaints filed with the state and Miami-Dade ethics commissions. During that period, Simon voted to keep the law firm as the town's attorney -- which means she voted on a matter in which she had a conflict of interest. View:
    http://blogs.miaminewtimes.com/riptide/2010/09/miami_lakes_taxpayers_pay_for.php

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  16. With Weiss Serota representing her, Simon should have abstained from voting on any matters relating to the law firm. She didn't. On September 23, 2009, Simon voted to renew Weiss Serota's contract to be Miami Lakes town attorney. At the town council's regular meeting this past Tuesday, she again failed to disclose her conflict when Simon voted to approve a $600,000 payment to the law firm. view:

    http://blogs.miaminewtimes.com/riptide/2010/09/miami_lakes_taxpayers_pay_for.php

    ReplyDelete
  17. Town of Miami Lakes officials and/or Miami Dade Police has greatly abused and unlawfully wronged for voicing there Constitutional Rights Miami Lakes residents, Angela Garrison, Miriam Abella, Gus Abella, Evelyn Roig, Lowell Dunn Sr., MDP Detective J. Diaz and others.
    When will the F.B.I. realize the have ignored this CRIME.
    EVIDENCE:
    Title 18, U.S.C., Section 241
    Conspiracy Against Rights
    This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).


    IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA


    Roig, Evelyn vs. Town of Miami Lakes - Court Case# 2009-56353-CA-01.

    Perdomo, Nick vs. Garrison, Angela , Court Case #2009-82458-CA-01

    Mendoza, Miriam and Abella, Gus vs Town of Miami Lakes and Nancy Simon, Court Case #2008-19978-CA-01

    Past Case
    Lowell S. Dunn vs Nancy Simon , Court Case# 05-18535CA25

    ReplyDelete
  18. TOWN OF MIAMI LAKES UNLAWFULLNESS.
    Town of Miami Lakes officials and/or Miami Dade Police has greatly abused and unlawfully wronged for voicing there Constitutional Rights Miami Lakes residents, Angela Garrison, Miriam Abella, Gus Abella, Evelyn Roig, Lowell Dunn Sr., MDP Detective J. Diaz and others.
    When will the F.B.I. realize they have ignored this CRIME.
    EVIDENCE:
    Title 18, U.S.C., Section 241
    Conspiracy Against Rights
    This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

    EVIDENCE
    IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA


    Roig, Evelyn vs. Town of Miami Lakes - Court Case# 2009-56353-CA-01.

    Perdomo, Nick vs. Garrison, Angela , Court Case #2009-82458-CA-01

    Mendoza, Miriam and Abella, Gus vs Town of Miami Lakes and Nancy Simon, Court Case #2008-19978-CA-01

    Past Case
    Lowell S. Dunn vs Nancy Simon , Court Case# 05-18535CA25

    ReplyDelete
  19. Miami Dade Police needs to be investigated to what they have done and doing to Mrs. Angela Garrison, Mr. Gus Abella, Mrs. Miriam Abella and Mrs Evelyn Roig.
    THERE NEEDS TO BE JUSTICE IN OUR COMMUNITY IN THE COUNTY OF MIAMI DADE.
    MIAMI LAKES NANCY SIMON, FRANK BOCANEGRA, JUAN RODRIGUEZ, and a few others, you are not above the law. SHAME ON YOU

    ReplyDelete
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