Wednesday, July 2, 2014

3d DCA Watch -- Red White and Bunker Edition!



Hi everyone, it's a very hot and very red (you have a dirty mind!) edition of 3d DCA Watch, so let's get right to the what this holiday is all about -- hot dog eating contests, patriotic bikinis, and blowing things up!

(Also bunker effluence, slowly leaking onto the South Florida legal landscape):

BoA v. Valladaras:

Actually stepping foot in a bank is bad enough, but get a load of this:
On July 3, 2008, Valladares visited a branch of the Bank to cash a check. A teller at the branch mistook Valladares for a bank robber. In the ensuing events, police responded to the scene and ordered all persons in the lobby to lie face down. Valladares assumed a position in which one of his hands was located under his body and out of the view of the officers. When he failed to obey a command to show his hand, an officer used his toe to execute a “foot tap,” or kick, to Valladares’s head. The officer later explained that he was concerned Valladares might have been concealing a firearm.
"Mistaken" for a bank robber, and then given a light "foot tap" to the head -- service with a smile!

Ecuador v. Dassum:

Big win for the brightest crimson eyeglass-wearer I know who also rocks a burnt orange dress shirt (and black vest!) and who practices law in South Florida:


Miccosukee Tribe v. Bermudez:

Finally, a win of sorts for the Tribe in the long-running saga over that tragic car accident so many years ago:
This is the tenth time this case has come before this tribunal. In the final analysis, we are sympathetic with the frustration that the Bermudez family may justly feel because the family’s attempts to collect its judgment have been thwarted. And, when the Tribe could have simply paid the judgment for its tribal members and recouped the funds by a gradual and incremental assessment over time against tribal distributions made to Billie and Bert, we may wonder at the wisdom of the Tribe in squandering legal fees and community goodwill in amounts that exceed the money required simply to pay the judgment. No law, however, supports Bermudez’s claim. A nonparty cannot be added to a lawsuit after a jury trial has been conducted and a final judgment has been entered in order to hold the nonparty liable to pay the tort damages awarded against another merely because the nonparty funded or assisted in the defense of a lawsuit.
Good observation -- who has really won anything in this?

7 comments:

Anonymous said...

I am glad someone is looking out for Bank of America.

Anonymous said...

Well written and thoughtful opinion. Judge Logue did an excellent job on this one.

Anonymous said...

Thats a slam dunk case. Who's the lawyer who botched it? 15 years and not a dime. Shame.

Anonymous said...

Grounds for another claim against RRA? Good luck defending that one.

CAPTAIN JUSTICE said...


The Captain Reports:

$3.3 million dollars, NOT .....

It's been a really bad week for attorney Russell Adler. Last week he was sentenced to 30 months in the federal pen for his actions while a partner at RRA.

This week the 3rd DCA reversed a judgment where he was the trial attorney. In the case, the jury awarded $3,000 for past medical
expenses; $100,000 for future medical expenses; $1,500,000 for past pain and suffering; $1,000,000 for future pain and suffering; and $700,000 in punitive damages.

The 3rd DCA, in Bank of America v. Valladares, ruled that the bank could not be held liable for the injuries to the Plaintiff absent "malice" being proved in the case.

The case dealt with a bank teller who thought that a customer, Valladares, who had come into the bank to cash a check, was actually a bank robber. So, she activated the alarm and the police showed up. Valladares was injured during the police activity and sued for his injuries.

The Plaintiff sued the bank and not the police.

Thanks for posting the case SFL and Happy 4th to you.

God Bless America.

Captain Out .....
Captain4Justice@gmail.com

South Florida Lawyers said...

Great detail Captain, thanks and likewise!

Anonymous said...

WWACD?