Wednesday, January 26, 2011

3d DCA Watch -- Judge Shepherd Appeals to a Higher Authority!

Does the 3d feel like it's in a funk these days?

Not too many opinions being released, fewer dissents, the swagger seems to be gone or dissipated, it's as if the 3d is barely talking to us.

Is it something I said?

Anyways, let's roll tide:

Morton's of Chicago v. Bermudez:

Old man falls in restaurant -- and it's not even captured on YouTube or anything!

Turns out the temporary obstructions need to be near where the guy fell, who knew?

Arkiteknic v. United Glass Laminating:

Note to judges who are planning to sanction lawyers for blowing deadlines -- there are these little things called the "Kozel factors" -- please try to familiarize yourself with them first.

It's not Venetian Salami, but it's close.

Willens v. Garcia:

Son takes continual care of invalid father for 20 years -- gets repaid with huge property tax reassessment on Dad's house once father dies.

Judge Shepherd channels his inner Hebrew National:
Mr. Willens’ reward for his two-decade sacrifice in the name of his father lies with a higher authority.
Ok, I'll play -- the Florida Supreme Court?

(What, there's something higher?)


Anonymous said...

SFL, did you already cover this story?

If not, you are missing out on a gem.

South Florida Lawyers said...

Oh boy, that's pure gold, thanks for the link.

I don't get lawyers who curse with abandon, and we've all known many.

Your job is to work with language, try harder.

That doesn't mean a well-placed curse word can't fit at a particular moment every now and again -- but serial use/abuse devalues the instances when it might actually fit.

The Constant Complainer said...

SFL, I went and read that Morton's case and found it very interesting. To be honest, as a seasoned-veteran of countless mediations involving slips and falls, I am surprised that they appealed.

Yes, falls happen. Yes, old people may be more likely to fall. But usually I'd settle those and move on. They must have felt it was "the one" to fight. LOL.

Anonymous said...

LOL...Weiss Serota thinks Litigation Skills class open to anyone who knows who is enrolled in law school there (stotsky's), that 6 credit easy Pass (random 6 credits of As given to what a cynical person would say claim were "able-enough minorities") is an HONOR.

swlip said...

Constant Complainer - That's not bad advice, as a general proposition, but sometimes plaintiffs overplay their hand in settlement negotiations. Shocking, I know.