Wednesday, May 9, 2012

3d DCA Watch -- The One Where Good Lawyers "Forget" a Whole Statute?


 Hi there, it's that time again so let's see whether the bunker denizens did anything to deserve your hard-earned tax dollars this week:

Taplin v. Taplin:

Wealthy muckety-mucks fighting over trust funds.

Sounds like the premise for a good movie, except Judge Shepherd says GT and Victor Diaz "forgot" something:
The trustees argue by eliminating section 95.02 of the Florida Statutes while simultaneously creating an express subsection of Chapter 95 to cover “intentional torts,” the Legislature sub silencio must have intended the newly minted section 95.11(3)(o) to apply unconditionally to all cases brought against a trustee for breach of trust.

The trustees forget, however, that in the same legislative session in which section 95.02 was repealed, section 737.307, Florida Statutes, was created.
Ooh ooh -- I knew I forgot something this morning -- it was a whole statute!

Or is that "too thin a reed" for a ruling?

Suarez v. Benihana:

Never get into a fight at a Benihana.

Why did I even need to write that sentence?

Valasquez v. Ettenheim:

Don't blame newly retired and now Broad and Cassel attorney Judge Donner for this reversal -- "simply stated, the appellee led the trial court into error."

That was simply stated.

5 comments:

  1. Shepherd ruling for plaintiffs? Must be a back story.

    ReplyDelete
  2. SFL, you write so often about offers of judgment, I want to put this question to you and not Westlaw:

    If an offer of judgment by a defendant in a breach of employment agreement case offers to resolve all of the plaintiff's claims, but is silent as to attorney's fees, is it a valid and enforceable offer of judgment????????

    ReplyDelete
  3. Okay, wait, nevermind, the question should read:

    "If an offer of judgment by a defendant in a breach of employment agreement case offers to resolve all of the plaintiff's claims, but specifically excludes costs taxable costs and attorney's fees, is it a valid and enforceable offer of judgment????????

    ReplyDelete
  4. Great blogsite. This is one of the best site in law.

    ReplyDelete