Thursday, January 24, 2013
3d DCA Watch -- Dissents du Jour!
Hi kids, the bunker was lively with disagreements -- no, not over whether to replace the ancient medicine ball currently serving as a paperweight in the mechanical room with one recently "donated" by 24 Hour Fitness -- but with actual, honest-to-goodness legal disagreements, to wit:
D'Agastino v. City of Miami:
Is the Civilian Investigative Panel preempted by state statute and thus barred from investigating police misconduct?
Judge Shepherd says an apodicticly emphatic "NO" -- Judge Rothenberg says "YES" plus there's a conflict and the opinion should be certified to the Supremes.
Aventura Management v. Spiaggia Ocean:
This case concerns whether a condo association loses its lien on assessments by taking interim title to the property.
Judge Cortinas say yes, but Judge Shepherd says it is a conundrum, wrapped in an enigma, surrounded by a riddle, enveloped in a mystery, swallowed by a puzzlement.
Extra credit: Rules 1.530 and 1.540 are different -- explain!