Wednesday, November 19, 2014

3d DCA Watch -- And the Bunker Is a Hazy Shade of Winter!

Can you feel that chill in the air?

Given the heavily-fortified nature of the bunker, once those thick slabs of concrete get cold it takes approximately fourteen months for the building to warm up again.

But no worries -- the denizens are ready, having already broken out their cold-weather gear and modified their routines for winter (Thinsulate-lined Resplendent Robes, coffee heated to a scalding 78 degrees, burning of the law clerks' desks and chairs to warm the judges' chambers, ritual "hugging" conferences overseen by the Chief Judge and held in the mechanical room/gym to conserve heat, you know, the usual).

So all of this has put a little "spring in their step" of our favorite band of sometime-appellate judges, so let's check in:

U.S. Bank v. Whyte:

When I saw this was an appeal of a Judge Donner decision, my first thought was -- "did it involve sanctions"?

It did:
In this mortgage foreclosure action, U.S. Bank National Association, as Trustee for CSFB Heat 2006-6 (“U.S. Bank”), the plaintiff below, appeals from an order striking its pleadings and dismissing this case with prejudice for failure to comply with a discovery order. For the following reasons, we reverse.
Nieves v. Viera:

No automatic evidentiary hearing requirement in med mal case involving whether pre-suit requirements were met.

(It's all about the standard of review.)

Stockinger v. Zeilberger:

Judge Saurez, getting metaphysical:
In other words, although the trial court MAY dismiss the Petitioners, it has not done so nor did it state that it WOULD do so, only that it MAY do so. As such, no irreparable harm has occurred at this point.
We GET it, Judge (but Judge Rothenberg does NOT).

Morla v. Armani:

Judge Salter holds his nose:
Roy Morla appeals an order dismissing his case for lack of prosecution.  Although this case is well past its sell-by date, we are constrained by Florida Rule of Civil Procedure 1.420(e) and our own precedent to vacate the order of dismissal and remand the case for further (and, hopefully, more active) prosecution.
Hope springs eternal!


Anonymous said...

Awesome song!!

Anonymous said...

Home run.

P. Guyotat said...

Just skimmed that Whyte decision. Honestly, I just do not understand how an order such as that -- striking pleadings and entering judgment -- could be entered. I mean, at least not without a serious evidentiary or quasi-evidentiary hearing, given the almost guaranteed reversal if appealed.

Anonymous said...

Judge D hasn't been this upset since a house fell on her sister.

Anonymous said...

Maybe Judge D was just sick and tired of Banks acting like yhey are abovemthe law.