Wednesday, December 17, 2014

3d DCA Watch -- Abandon Hope All Ye Who Enter Here Edition!


Can you guess my mood today?

Let's just do this:

Salazar v. Coello:

Big reversal of a med-mal sj based on a complicated reading of the pre-suit notice requirements.

Lots of confessions of errors.

The 3d makes a (big) mistake.

(Turns out it's illegal to discriminate against pregnant women after all.)

Judge Shepherd delivers a massive, epic bench slap:
It has long been said in the courts of this state that “every litigant is entitled to nothing less than the cold neutrality of an impartial judge.” State ex rel. Davis v. Parks, 194 So. 613, 615 (Fla. 1939). Regrettably, the trial judge in this case has abandoned his post as a neutral overseer of the dispute between the parties, compelling us to grant Great American Insurance Company’s Petition for a Writ of Prohibition.
Happy holidays!

13 comments:

Anonymous said...

Thank you to Judge Shepherd for having the courage to deliver that benchslap. The fact that he let his diarreah of the mouth go freely with a court reporter in the room is alarming.

Anonymous said...

Spanky, spanky Judge miller!

Say, when are you up for re-election buddy?

Anonymous said...

Shepherd never hesitates to stand up for the insurance companies

Anonymous said...

Bolero emergency SFL!!

Anonymous said...

I'm with 1:26. Judges who favor insurers are free to be as unfair, rude and outrageous as they please. I'll consider it news when Shepherd writes an opinion disqualifying a judge who makes similar statements against the plaintiff.

Anonymous said...

Hang in there buddy.

Anonymous said...

Opinion seems whacked.

The court cannot challenge counsel on an assertion made during argument? The Court cannot call a spade a spade when a specious argument is made?

The judge was responding to arguments made by counsel. He was not raising issues sua a sponte (not even the sanctions comment).

Anonymous said...

I second the second. Judge Miller has a more realistic appreciation of how the world works than Shepherd does.

Anonymous said...

Good, Judge Miller can use his realistic appreciation when he loses his seat and tries to build a viable law practice.

Anonymous said...

He said what everybody knows to be true. Good for Judge Miller.

Anonymous said...

I'll take Miller over Shepherd in trial or appeal.

Anonymous said...

Well said 1:26 and 2:41.

Anonymous said...

Word on the street is Judge Sheppard and Judge Espinisa Dennis say and wrote the opinion together while on Fantasy Island.