Wednesday, July 25, 2012

3d DCA Watch -- Dismissive "Quotes" Edition!

Wake up kids, it's bunker time:

Hedman v. Hedman:

Judge Schwartz dissents in an "equitable" distribution case:
In this appeal from a final dissolution judgment, I disagree with affirmance of the trial court’s “equitable” distribution of the husband’s half interest in the couple’s marital home, which was held by the entireties, to the wife.
What an "interesting" use of quote marks!

I also like footnote 3:
In an order on rehearing, the court characterized the wife’s interest as a “predetermined inheritance,” an expression previously unknown to the law and one which should have stayed that way.
Nice one, Judge!

Stratton v. 6000 Indian Creek:

57.105 sanctions upheld against an attorney for putzing around with an eviction case:
Section 57.105(1) was enacted to deter practices and legal advice of the sort displayed here. Florida Rule of Civil Procedure 1.010 imposes on parties and attorneys a duty to construe and apply the rules “to secure the just, speedy, and inexpensive determination of every action,” as opposed to the unfair, dilatory, and legal fee-enhancing actions of the appellants in this case.
"Legal fee-enhancing actions" -- nice turn of phrase.

Delva v. The Continental Group:

Feel free to discriminate on the basis of pregnancy until the Florida Supreme Court resolves the conflict.

But seriously, why would you?

Ok Judge Ramirez, what'd I miss?


Anonymous said...

The 57.105 case seems pretty harsh. With that precedent I would think that a LARGE percentage of foreclosure defense cases turn into a representation subject to 57.105 sanctions.

It looks like the lawyer for the tenant(s) asserted some procedural defenses with some (albeit limited) success, but ultimately, if you don't pay you're out. And that's what happened. How is that different than just about every other foreclosure case out there?

Anonymous said...

excellent photos!

Anonymous said...

You might be waiting awhile on Judge Ramirez's response, he hasn't posted anything in 3 weeks.

Juan Ramirez, Jr. said...

I was in Iceland for two weeks and I am currently in Key West. Sorry for slacking off. I will try to do better in the future.

Juan Ramirez, Jr. said...
This comment has been removed by the author.
Juan Ramirez, Jr. said...

I just posted a couple of entries in my blog. In response to the first comment above, it seems that the people in possession were just squatters and the attorney evidently tried to defend their action said...

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