Wednesday, August 15, 2012

3d DCA Watch -- Confess Your Errors, My Son!


Boy we are really in the dog days of summer when the most exciting thing to come from the bunker is a confession of error:
Based on Coconut Grove Bank’s proper and commendable confession of error, we reverse the order on appeal and remand with instructions to vacate the certificate of sale and direct that the Clerk of the Court republish and reset the foreclosure sale, pursuant to section 45.031(3), Florida Statutes (2010).
"Proper and commendable" confession of error -- I like that.

Good bank (pats head), good bank (hands bank a TARP biscuit).

It would have been even more proper and commendable if the bank had confessed error sometime before forcing opposing counsel to waste time and money briefing the appeal.

6 comments:

Anonymous said...

TARP biscuit? Priceless.

Shoot The Lawyers said...

Very interesting and confusing. There was a brief, answer brief, and reply brief but no oral argument. The "confession of error" had to be in the anwer brief. But then why file a reply brief? What is even odder is that the remedy granted is to re set the sale date. If the bank had simply walked in an agreed order to re set the sale date in December before the appeal was filed, the sale would have taken place in January without the added expense of an appeal. The appellee basically bought at least 9 months of delay because the bank never took its head out of the proverbial sand and looked at the case in a common sense sort of way.

Anonymous said...

Miller gets re-elected one day and reversed the next. priceless.

GB said...

i love this blog

including the comments

Anonymous said...

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Kevinriit said...

Very interesting and confusing. There was a brief, answer brief, and reply brief but no oral argument. The "confession of error" had to be in the anwer brief. But then why file a reply brief? What is even odder is that the remedy granted is to re set the sale date. If the bank had simply walked in an agreed order to re set the sale date in December before the appeal was filed, the sale would have taken place in January without the added expense of an appeal. The appellee basically bought at least 9 months of delay because the bank never took its head out of the proverbial sand and looked at the case in a common sense sort of way.