Wednesday, March 25, 2015

3d DCA Watch -- Summary Judgment 101 Edition!


Get out your Arent Fox .1 billing sticks, we are about to learn how summary judgments work, courtesy of our blinkered bunkered be-robed bubbes:
In support of their motion for summary judgment, the Lawyers filed affidavits, depositions, and records reflecting evidence which, if it was the only evidence admitted at trial, would support a ruling in favor of the Lawyers. This presentation met the Lawyers’ burden as the movants for summary judgment. Once the movants made such a presentation, the burden shifted to the Tribe as the non-movant opposing the motion to either (1) come forward with conflicting evidence that created a disputed issue of material fact which, if decided in favor of the Tribe, would support a judgment for the Tribe; or (2) file an affidavit, pursuant to Florida Rule of Civil Procedure 1.510(f), describing with specificity the additional discovery needed to obtain such evidence. The Tribe did neither.
Also this:
Summary judgment cannot fulfill its purpose “to test the sufficiency of the evidence to determine if there is sufficient evidence at issue to justify a trial or formal hearing on the issues raised in the pleadings,” The Florida Bar v. Greene, 926 So. 2d 1195, 1200 (Fla. 2006), if the non-moving party responds to a motion for summary judgment by refusing to reveal the evidence it intends to rely upon at trial, or by hiding the fact it has no evidence.
Did I mention I also booked Civ Pro?

 Wade v. Wade:

Anyone ever hear of a D.T. Wade?

Sounds vaguely familiar......

7 comments:

Anonymous said...

Have the Indians sued Roman yet?

Anonymous said...

From DBR

"3rd DCA Junks Tribal Lawsuit Against Lewis Tein Firm, Attorneys."

Pobrecito Lil Bernie ...going to jail.

Anonymous said...

Seen around town:
a gaggle of civil judges at the new organic place downtown; a civil lawyer getting stuck during an arraignment: "Court: do you demand discovery?
Lawyer: I will set a motion and serve it
Court: (laughing) or you could just ask for it now, the prosecutor has it in her hand to give to you";
A retired judge haggling over the second cut of brisket at Epicure in the Beach; two very married lawyer (to other people) canoodling at La Logia over drinks.

Anonymous said...

Interesting that the court cites a disbarment case, when 8 million other cases stand for same proposition. I dont think its a mistake. Rather, I think it portends what is going to happen to the tribe lawyer. A horses head citation.

Anonymous said...

@5:29: good observation!

Anonymous said...

http://www.theguardian.com/world/2015/mar/25/california-kamala-harris-asks-judge-halt-shoot-the-gays-initiative

Anonymous said...

I lose yet again.
Courts know I'm a fraud. Money.
I like money. Jail.