Wednesday, July 16, 2014

3d DCA Watch -- Is Anything a Matter of "First Impression" Anymore?


That's the question swirling in the bunker this am:

Central Mortgage v. Callahan:
The issue before us is one of first impression. Specifically, whether a trial court’s inherent jurisdiction to enforce its judgment includes the authority to determine statutory assessments where the time to alter, modify, or vacate the judgment has elapsed and the judgment provides for only a general reservation of jurisdiction.
Is this truly a matter of first impression?

I guess if you define the issue so narrowly, anything could be.




3 comments:

  1. Without reading the rest of the opinion, the answer is no. Let me now go see if I'm correct.

    ReplyDelete
  2. Yay, I'm right.

    Great post, SFL, by the way. Additionally, saying "first impression" is cliche. Just say that the issue is a new one or one that the court hasn't before addressed.

    ReplyDelete