Thursday, March 15, 2012

Enfinger Overruled!

I have always been a huge fan of Goldfinger Bowfinger Enfinger, the 1957 Florida Supreme Court venue decision that limits residency to the county of residence shared by the individual and corporate defendant.

Well, who knew, but it turns out our judicial elders are human like the rest of us, and apparently just as capable of a huge screw up as you or I:
Because Enfinger was predicated on a serious misinterpretation of the governing statutes, we resolve the conflict by receding from Enfinger. We conclude that the Florida courts should uniformly apply the plain language of the venue statutes enacted by the Legislature, not the judicially created joint residency rule.
A "serious misinterpretation of the governing statutes"?

Later on Justice Canady piles on, calling Enfinger a "serious interpretive error" for which the principle of stare decisis must be abandoned.

And it's only taken more than fifty years to correct?

(Actually, that's pretty good by Florida standards.)

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