Monday, March 24, 2014

Tally Overlords Reverse Bunker Arbitration Decision!

So a pretty raucous time was had by all at the investiture of Conch Republican/new 3d DCA judge Edwin Scales:
Investiture of Edwin A. Scales, III

On Friday, March 21, 2014, at 3:00 p.m., the Court will hold the formal investiture of Judge Edwin Scales, III, at the Third District Court of Appeal, 2001 S. W. 117th Avenue, Miami, Florida. Judge Scales was appointed to the Third District Court of Appeal on October 18, 2013, by Governor Rick Scott to fill the vacancy created by the retirement of Judge Angel A. CortiƱas. Judge Scales is the first Monroe County lawyer appointed to the Third District Court of Appeal bench since its creation in 1957. Attendees are advised to arrive early if a seat is desired in the courtroom.
Lots of laughter and good times.  Justice Canady came down to swear him in, and Judge Schwartz gave the benediction.

Judge Suarez did a comedy routine w/ Ray Abadin (does anyone have video?)

Former Florida Bar President Mayanne Downs sang a song about the new judge to the tune of "New York, New York" (which by itself was worth the price of admission) and described him as "to the right of Genghis Khan" (I hope she was joking).

And the new judge's brother performed a song he (the brother) wrote about Adam & Eve plea bargaining with God, and threw in a snark about the Snake working as an advisor for the Clintons.

Also:  the judge likes classic rock and had a radio show on a local station in the Keys.

Sounds like he'd be a perfect fit as our next guest blogger!!

Speaking of the bunker, the Florida Supreme Court issued a ruling reversing the 3d in an arbitration clause enforcement case where the plaintiffs spoke only Spanish and all the contract documents were in English:
In its decision below, the Third District misapplied the unconscionability standard in spite of the trial court’s explicit ruling denying the dealership’s motion to dismiss and/or compel arbitration. The cause on appeal before the Third District required an application of the Seifert standard. In Seifert, we previously provided guidance for evaluating motions to compel arbitration agreements. See Seifert, 750 So. 2d at 636 (“Under both federal statutory provisions and Florida’s arbitration code, there are three elements for courts to consider in ruling on a motion to compel arbitration of a given dispute: (1) whether a valid written agreement to arbitrate exists; (2) whether an arbitrable issue exists; and (3) whether the right to arbitration was waived.”). In denying the dealership’s motion to compel arbitration, the trial court concluded “as a matter of law that no valid agreement to arbitrate exists in this case,” which relates to the first prong of the Seifert standard. However, the Third District neglected to perform a Seifert analysis in making its decision on review. Accordingly, we determine that the Third District’s Basulto decision misapplied the Seifert standard, which governs the evaluation of motions to compel arbitration agreements in Florida courts.
Oh well, back to PCAs again.

1 comment:

Anonymous said...

to the right of Genghis Khan???