Wednesday, May 30, 2012

3d DCA Watch -- Well Well Well?



Well well well let's first wish Judge Ramirez congratulations again for his service and best wishes in his new role as JAMS mediator.

It was a very nice retirement party -- Rudy Sorondo told a few tales, Chief Judge Wells quoted John Lennon (hey, so did I!), Judge R thanked his family, clerks, JAs and colleagues, in all it was a very lovely event.

Oh, and the Judge's portrait was revealed, very striking:


(Oops, wrong photo!)

I kid -- it was a very nice ceremony and we wish the Judge much continued success.

Speaking of Rudy Sorondo, here he is arguing for the appellants in a case where Judge Manno-Shurr struck the defendants' pleadings based on fraud on the court:
On August 13, 2010, the Bank filed its Motion to Strike, alleging the defendants schemed to defraud the trial court by submitting perjured deposition testimony, suborning and attempting to suborn perjury, and forging corporate documents, all in an effort to conceal the Cohens’ ownership interests in the Corporate Defendants and Offshore Entities. On October 1, 2010, the trial court commenced an evidentiary hearing on the Motion to Strike, and received evidence over a three-day period. After the hearing, the trial court concluded the defendants intended to defraud the Florida court, and struck their pleadings. Upon review of the case law and the voluminous record, we affirm in part, and reverse in part.
Basically, Judge Rothenberg's opinion goes into exquisite detail and upholds the lower court ruling, except as to one defendant (not represented by Rudy).  It ends this way:
While we are mindful of Florida’s strong public policy favoring the resolution of cases on their merits, the judiciary cannot be, and is not, impotent against those wishing to corrupt the litigation process by employing fraud and deception at every turn. Accordingly, we affirm the default judgment as it pertains to the Cohens and the Corporate Defendants because the record evidence establishes, clearly and convincingly, that these litigants have engaged in a massive and unprecedented scheme to defraud the trial court below.
Not a pretty picture (I don't mean the hot tub -- I love that picture!).

5 comments:

  1. There was an in your face part of the opinion where Rothenberg cites a Sorondo opinion, something about perjury begin the cardinal sin.

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  2. JAs and colleagues, in all it was a very lovely event.

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