Wednesday, June 15, 2011

3d DCA Watch -- New Trial Granted! (Hmm, Did I Forget Something?)


 Well la dee dah!

I guess you Fancy Pants appellate judges can issue content-free PCAs all day and night, but God forbid my new trial order lacks the specificity Your Highness demands:
Elena Casines appeals from the trial court’s May 12, 2010, “Order Granting Defendant’s Motion for New Trial.” Because the order does not contain specific grounds, we relinquish jurisdiction to the trial court for sixty days for entry of an order specifying the grounds upon which the trial court relied to grant a new trial.
Question -- could you be more specific?

Seriously, what specificity is the Court looking for, and can some guidance be provided for future cases in which this situation may arise?

You know, precedent and all that.

Miami Automotive Retail v. Baldwin:

Specific oral misrepresentations usually make tough class certification cases.

Ok, and I agree.

But Phil Parrish needs to establish a record that he can fund the litigation?

Now that's just plain odd.

5 comments:

  1. If you win a motion for new trial why the hell would you give the court a proposed order that doesn't have required findings of fact, conclusions of law, etc.?

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  2. Maybe 3rd DCA should help Fowler White Burnett P.A. which is losing lawyers left and right. 18 lawyers have left in last four months. This is because the firm has a donkey or ass on its management committee, Charles G. De Leo. De Leo is from a privileged Venezuelan family and thus views all others not from that same class as crap. The man is destroying Fowler White Burnett.
    The faster the firm removes De Leo from management the better Miami will be-he is an absolute jerk.

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  3. i read Charles De Leo was kicked off the firm because he was a jerk; he was/is but there are bigger jerks than him. De Leo is a small time fraud compared to the big ones in town

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  4. Kathy Klock, now at Akerman, was another arrogant and incredibly haughty woman whom left Fowler White. That firm is getting rid of lots of crap. Sara Soto was another impossible bore, overweight, smoker and full of herself beyond belief. Hoo Hoo

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  5. I read Charles De Leo left Fowler and started his own firm because -virtually everyone at Fowler hated him and thought of him as an ass. he took firm money for personal use and screwed other lawyers over. De Leo is a typical arrogant fraudster from wealthy South American background and the pompous attitude that goes with it. One Fowler lawyer was bent on pressing charges against him. Teached one not to be a jerk.

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