Wednesday, January 26, 2011

State Thinks Blowing Millions in Fees and Losing Millions in Damages Means They Won!

You gotta love litigating against the state -- it's like fighting with a headless chicken:  there's no one in charge, no one accountable, no one making "hard" decisions that involve long-term thinking, and absolutely -- and I mean absolutely -- no one counting the money.

That's how you can wind up with this absurd decision by the 4th DCA, which the DBR reports on here,  where the court actually has to explain to the state that spending tons of money trying and losing the citrus canker case does not mean that the state somehow "won" and that they therefore are entitled to -- of all things -- fees(!):
We find the Department’s arguments to be frivolous. No matter how one looks at the facts, the owners prevailed on the significant issues. The mere fact that the owners sought more in damages than the jury awarded does not mean that they did not prevail on both issues of liability and damages.
 This is mind-numbingly stupid.

In fact, I can't even begin to put in words how asinine this argument is and that the state actually went ahead and paid Wes Parsons good taxpayer money to take it all the way up on appeal.

God I gotta do something to calm down and take my mind off this drivel: 

Ok, it's working -- I'm starting to feel better now.

1 comment:

Anonymous said...

There is nothing as insidious in the Miami criminal justice system as bondsmans and women receiving kickbacks from lawyers for cases they refer.

County Court Judicial Candidate Francisco Marty built a practice on this.

He should not be considered for a position on the bench.

A stitch in time saves nine.