Wednesday, November 9, 2011

3d DCA Watch -- Deja Vu All Over Again!

Hi kids, it's an extremely meaty day for important written utterances so let's jump right in:

United Auto v. Barahona:

Hey, didn't I just read this opinion the other day?
This Court initially accepted jurisdiction of this cause pursuant to Florida Rule of Appellate Procedure 9.160.

Having reviewed the briefs, and following oral argument, this Court declines to answer the question certified by the lower court to be one of great public importance,1 and therefore transfers this appeal, together with the filing fee, to the Eleventh Judicial Circuit of Florida, appellate division, pursuant to Florida Rule of Appellate Procedure 9.160(f)(2).
I'm starting to detect a pattern!


Anonymous said...

after oral argument AGAIN

Anonymous said...

What about that bizarre decision in Pardo v. Goldberg which (1) held prevailing party not entitled to appellate fees under contract fee provision, citing at 1975 case without ever mentioning §59.46 which allows appellate fees for contracts entered into after 1977; court also awarded appellate costs, which Rule 9.400 says is for lower tribunal, not DCA.

Must be something wrong with the air filtration system in the Bunker

Emil said...

To my mind one and all must go through this.
check this