Wednesday, August 14, 2013

3d DCA Watch -- You Can Tell It's Summer, Y'all!

Slim pickings from the bunker as the harried denizens enjoy the last lazy days of summer, before the rush of Fall arrives and they may have to issue as many as four seven to ten page opinions all in one week!

(I kid, I kid!)

Let's peek in:

McCormick v. Cox:

Hmm, does this qualify as an unmitigated arse-whooping?
The trustee, his son, and their law firm appeal an adverse final judgment against them in an action brought by the beneficiaries of family trusts. After an eight-day trial, the probate division of the circuit court: removed the trustee, finding that he had breached his fiduciary duties to the beneficiaries; found that the trustee and his son also acted in a dual capacity as attorneys for the trusts, and participated in breaches of fiduciary duty in that capacity as well; surcharged the trustee,  his son, and their law firm for $2,146,812.00 in expenses incurred as a result of their undervaluation of trust property; found that the legal fees paid to the law firm by the trustee were substantially unreasonable and unsupported by the evidence at trial; and required disgorgement of approximately $1,348,000.00 in trustee’s and attorney’s fees previously paid. With prejudgment interest, the total amounts awarded the beneficiaries exceeded $5,300,000.00. We affirm the final judgment in all respects.
But no fees on appeal!

Ocean Bank v. Carribbean Towers:

This case involves application of the little-known "no woman, no cry" "no pleading, no fees" rule.

Next week:  an exigesis of "Them Belly Full" as a method of equitable income distribution!


Anonymous said...

Love it!

Anonymous said...

You have again turned water into wine.

Anonymous said...

Butchko reversed...again.

Betty needs to stay out of civil.

Nice enough person, though.

Anonymous said...

Whenever Carlton Fields loses an appeal, an angel gets her wings.

Rumpole said...

Lol 11:03 am.

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