Wednesday, May 28, 2014

3d DCA Watch -- I Know Why the Caged Bunker Sings Edition.

Yes so Maya Angelou is dead -- RIP great lady, and thank you for enriching our lives so, by your art and by your example.

Now let's see what profoundly moving art our Resplendently Robed denizens created this week:

Oh dear trial judge -- you entered an order dismissing a claim with prejudice, but you accidentally forgot something -- any reasoning or explanation of any kind:
The order fails to set forth any factual or legal basis for its dismissal with prejudice, and this Court has no way of determining whether the dismissal with prejudice is premised, for example, on Appellant’s non-compliance with a prior order; a failure to state a claim (or failure to amend to state a claim); an abuse of the judicial process; or some other basis that might support the trial court’s exercise of its discretion. Further, the order itself indicates that the hearing was set only for the purpose of addressing Appellant’s motion for rehearing. There is nothing in the record below to suggest that Appellant was placed on notice that the trial court would also consider dismissal of the complaint at this hearing, muchless a dismissal with prejudice. Rudimentary notions of due process require that we reverse that portion of the order dismissing the action with prejudice, with directions to reinstate the action.
But that was Judge Emas in partial dissent -- turns out what the Judge did was perfectly proper!

Want to know why?

Ok, here you go:

So that should clear things up.

Redwood Recovery v. Addle Hill:

"And she stepped on the Venetian Salami."

Have a good day all!


Anonymous said...

You sir are also an artist. Well done.

Godwhacker said...

Wisdom and grace are such a rare combination. RIP Maya.

Anonymous said...

Nothing about the Connolly opinion and Exhibit 546 why Judge Rothenberg is the worst judge in Florida?

Anonymous said...

12:22- Agreed. :)

andrews said...

I remain of the view that ``Per curium, affirmed'' is latin for ``We really must get moving if we wish to make our tee time.''

Otherwise, they ought to be able to spare a couple of sentences to say why the appellant's argument is wrong. Or that the appellant failed to furnish some essential part of the record, making review impossible. Or even just that you do not like the appellant, or that your fondness for the banks makes it impossible to support a ruling against them.

Mark it ``not for publication'', but go ahead and spend the 5 minutes to justify your filing fee.