Wednesday, June 13, 2012

3d DCA Watch - Summer is Here




SouthFloridaLawyers split. He took his winesack, frisbees, and 8-tracks and said he needed to clear his head.

Apparently he is not the only one.

Two - count 'em, TWO - decisions in civil cases today from The Bunker. (In fairness, neither is a PCA.)

Garcon & Robinson v. AHCA

Guy suffered a devastating gunshot which rendered him totally and permanently disabled. Medicaid paid the "concededly reasonable" amount (can you guess who authored this opinion?) of $244,590.57 for his past medical expenses. Guy received a million dollars from the tortfeasor stipulated to represent payment for past and future medical expenses and nothing for any intangible elements of damage for which Medicaid would not have been entitled to reimbursement. (DOH! Who stipulated to THAT!?) The trial court determined the amount of Medicaid's lien on the million, to be $244,590.57. Guy challenged the amount of the lien, arguing that Florida's statute is pre-empted by federal law which requires a more touchy feely and fair determination.

Judge Schwartz ENTIRELY DISAGREED. Further, he found the trial court's determination, AGAIN UNDISPUTEDLY, IN COMPLETE ACCORDANCE WITH FLORIDA LAW. And thirdly, Florida law is more what you'd call guidelines than actual rules, and the legislature may make up stuff as it goes along, otherwise known as "special rules" not subject to pre-emption by federal law. Welcome aboard the Black Pearl.

Affirmed. (Judge Jordan, Fred was correct.)

Beggi v. Ocean Bank

Condos and foreclosure: You knew this was coming.

Writes Judge Salter:

We decline to permit Beggi to turn the mortgage lender’s lawful exercise of its remedies into a game of “keep away,” whereby boilerplate and sweeping requests for production of records, fact-free affirmative defenses, and dilatory tactics are employed to impede the lender. Beggi invested in the condominium units at an inauspicious time and has not weathered the foreclosure storm. His appeals are dismissed, and the cases are removed from the schedule for oral argument.

Spanky, spanky.

2 comments:

  1. Bell should toll for the arrogant Sara Soto, now with Bressler, Amery & Ross. Sara Soto will defame and talk crap about anyone, especially those she does not know. She is an overweight nightmare and all should beware of this carzy, scorned woman. The lawyers at Bressler should watch out and be careful - she will soon start talking crap about them each.

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