Wednesday, April 24, 2013

3d DCA Watch -- You Got a Good Case Except "There Is Not a Semblance of Evidence of Negligence"!



Hi there kiddies, don't come a knockin' when the bunker is a rockin':

Moriarty v. Murtan:

Should judges enter orders verbatim when you submit to them your very fair, generous-to-the-other-side, and completely balanced work product?

The 3d gives crystal clear, unambiguous instruction:
We note that the trial court entered Moriarity’s proposed ten-page order verbatim.  This fact alone does not compel reversal, given that Escadote had an adequate opportunity to present its own proposed order and to voice objections to Moriarity’s version. Cf. Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004) (holding verbatim adoption of proposed final judgment was reversible error where trial court failed to give opposing party opportunity to object or to submit his own proposed final judgment). Nevertheless, Florida courts have been critical of such a practice.
Thanks for clearing that up!

Kenz v. Miami-Dade Cty:

Judge Schwartz, specially concuring, doesn't think much of this slip and fall case:
Because it is clear, as the Court holds, that summary judgment is appropriate either way, simply because there is not a semblance of evidence of negligence, I would affirm without reaching the primary issue discussed by the Court.
West Kendall v. Downright:

News flash for certain trial judges:

The test on a motion to dismiss is not whether the plaintiff can prevail at trial, but whether the complaint states a cause of action.

Good to know!

9 comments:

Anonymous said...

Question: How can you tell is your judge is a stupid, lazy, POS?

Answer: He does not prepare his own orders.

Anonymous said...

I'm amazed. I was reading the new opinions earlier today thinking, "what a shitshow! How is SOFLA going to make a Third DCA Watch out of these boring opinions?" Well you pulled it off beautifully!

Anonymous said...

Bravo, SFL, for bringing this, i.e., judges' not writing their own orders, to everyone's attention. I really don't think it's asking too much to expect, at a minimum, a one- to two-page original and not-proposed order on substantive motions and after bench trials. That being said, most state judges and even some federal judges simply sign and enter proposed orders. Given that reality, 3:56's view is perhaps a tad harsh.

Anonymous said...

Ditto what 4:18 said!

Anonymous said...

I have learned to hate the Corporate Run. We have to flee our offices by 2:30 today to avoid the traffic re-routing and the garage traffic jam. Yesterday we were treated to them testing the sound system and my windows were rocking to "Moves Like Jagger." This is after having to flee work early two consecutive Fridays last month (or Feb?) for ULTRA! and being terrorized by their sound system.

I know I sound like a surly dick and this has nothing to do with the 3d DCA Watch! I just don't have anyone to talk to right now so I thought I'd come here for some comfort.

Anonymous said...

"A tad harsh?" What is the job of a judge? It is to resolve disputes with written judgments. They can't write their own orders! Then they are unfit for the job and should be removed. I get weekly b.s. from the bar about "independent judiciary." You ain't independent if you sign the crap the lawyers prepare, you are a puppet. If these judges want respect, earn it: write your own orders.

Anonymous said...

What about a detailed ruling from the bench, complete with factual findings, resolving all the pending issues, following by a request to prevailing council to, "take first stab at it?"

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