Wednesday, January 25, 2012

3d DCA Watch -- Belief and Technique for Modern Prose Edition.



Hey hey hey, wasn't it Jack Kerouac who advised aspiring writers to "struggle to sketch the flow that already exists intact in mind."

That's not easy when you're dealing with statutes and case law.

But today is Bunker Time™, so let's get deep, intimate and personal and meld some minds with the Robed Ones:

Western Hay v. Lauren Financial:

Hmm, opinion withdrawal syndrome:
We deny appellant’s motion for rehearing and certification; however, we withdraw our opinion issued on May 4, 2011, and substitute the following in its place.
Oh boy, this is going to be good!

Let's get some popcorn and read on:
The final judgment under review is summarily affirmed.
That's it???

Dear 3d DCA:  you just harshed my meld.

Gemini Investors v. Nunez:

Some good news for Kimberly Boldt:
Accordingly, because plaintiffs were misled regarding facts material to the transaction known by defendants due to superior knowledge, which defendants concealed, the complaint sufficiently pled claims for fraudulent misrepresentation and securities act violations, and the trial court erred in dismissing these claims. We, therefore, reverse the order dismissing plaintiffs’ claims for fraudulent inducement and violation of the securities acts, and remand for further proceedings in accordance with this opinion.
I think the lesson learned here is:  always plead the elements.

(Wasn't that Jack's 31st rule?)

8 comments:

Anonymous said...

Alchemy, SFL, alchemy.

Anonymous said...

Judges seriously need to stop writing "pled" for the past tense of "plead" in judicial opinions. For past tense, add an "ed." Works (nearly) every time.

Anonymous said...

1:51: it is not technically incorrect to use pled for the past tense of plead. But pled is better for the past tense of plea, while pleaded is a more commonly accepted past tense of plead.

Anonymous said...

That's Alex Anguierra's case and he is kicking Kluger in the keyster.

South Florida Lawyers said...

Yes, big win for the A-Man.

Shoot The Lawyers said...

The opinion is nothing special. What I find amazing about the case is that there are eleven (11), count em, 11 different lawyers inovled in this appeal. On a motion to dimiss. Wow! Next time there is a long line to get in the door in the morning, I will know this case is on someone's motion calendar.

Anonymous said...

2:46: Regardless of whether you think "pled" is acceptable (some authorities appear to sanction the usage), I assume you're joking about "plea" and "plead," correct? I mean, there is only one verb we're talking about. And it's plead. Plea is a noun.

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