Wednesday, June 18, 2014

3d DCA Watch -- Notices of Supplemental Authority: Bunker Edition!

The Bunker is so cute -- just because we've been discussing what to do in federal court with excessive notices of supplemental authority, briefs in support, "responses" thereto etc., well suddenly the little concrete judicial shack that could wants us to know that they ALSO have this problem:
We take this occasion to criticize the defendants/appellees’ remarkable flurry of post-argument “notices of additional authority” and “motions to supplement the record.” After oral argument in May 2014, counsel for the appellees filed and served five such notices and amended notices of additional authority apprising us of ten opinions dating from 1948 through 2003, together with narrative constituting additional argument. After oral argument, the appellees also sought to supplement the record with documents filed in the lower tribunal after the notices of appeal were filed. We initially granted the motion to supplement, but after further review we vacate that May 28, 2014, order and strike the post-argument motion to supplement the record. We caution counsel for the appellees to review Florida Rules of Appellate Procedure 9.200(f) and 9.225, as well as Brown & Williamson Tobacco Corp. v. Young, 690 So. 2d 1377 (Fla. 1st DCA 1997), regarding such filings.
And this is from Judge Salter!

Basically, stop with all the extra briefing and additional bites at the apple and check yo self, kiddies.

BTW -- congrats to bunker superstar Barbara Green, nice win and in a meaningful case!

1 comment:

Anonymous said...

Nice going, "R.A. Cuevas, Jr. and Eric K. Gressman"!