Wednesday, July 15, 2015

3d DCA Watch -- The Tricks of Modern Times Edition!


I've got no use for the tricks of modern times
They tangle all my thoughts like ivy


Al Stewart, Modern Times

Alright, let's do this:

First let's give a warm welcome to our new Chief Judge Suarez!  He's now in charge of all administrative matters:
Judge Richard J. Suarez became the sixteenth chief judge of the Third District Court of Appeal since the court opened in 1957. His term is for two years and, as chief judge, he will be responsible for all administrative matters in the court.
For example:

Should the free coffee in the attorney's lounge be warm, or merely lukewarm?

Should we once again try to repair the old Thighmaster in the mechanical room/gym, or bite the bullet and go on Ebay?

How tightly should we bolt the judicial sinks and toilets this week?

These are important administrative matters!

Oh I kid, congrats Judge!

Onward:

Smith v. Reverse Mortgage:

Judges Scales and Shepherd disagree over whether to toss an old lady out of her home:
SHEPHERD, J., dissenting.
The labor expended by the majority to keep Kenneth Smith’s widow in her home is admirable. Unfortunately, the legal analysis used does not measure up.  For this reason, I respectfully dissent.
Boo hoo!
By its decision today, the majority imposes its own collectivistic view of life planning on a cadre of seniors who have demonstrated they are capable of amassing wealth and governing their own affairs. We should allow the citizenry to be their own deciders.
Agree:  let that poor old widow be the Decider-in-Chief!

Barnsdale v. PHH:

Judge Shepherd again:
I concur in the unelaborated, per curiam affirmance of this appeal, and write only to state that I would also issue an order to Thomas Erskine Ice, counsel of record for the appellant, Barnsdale Holdings, LLC, to show cause why he should not be sanctioned pursuant to 57.105(1)(b) of the Florida Statutes for maintaining a frivolous appeal in this case.1 This court has defined an appeal to be frivolous when “it presents no justiciable question and is so devoid of merit on the face of the record that there is little prospect it will ever succeed.” Visoly v. Sec. Pac. Credit Corp., 768 So. 2d 482, 490-91 (Fla. 3d DCA 2000). The appeal prosecuted by Thomas Erskine Ice in this case meets the definition.
My work here is done!

9 comments:

Anonymous said...

Brilliant.

Anonymous said...

Shepherd opining on social policy. Yuck.

P. Guyotat said...

Did you see the first footnote of Shepherd's concurrence? He says he'd issue the order to show cause only as to Ice (but not as to the associate who signed the appellate briefs and argued the appeal). Although I assume that he did that to save the associate, that's really strange, since Shepherd couldn't have discerned who was at fault for filing a frivolous appeal and blaming Ice over the associate doesn't appear to have any reasoned basis. If you're going to make an example out of someone, I kind of think you have to do it for the signer (or signers) of the appellate papers.

Anonymous said...

SD Fla, good to have you back. You see this recent decision from a Mag in the 9th Circuit? http://www.reuters.com/article/2015/07/14/ncaa-athletepay-fees-idUSL2N0ZU1CQ20150714 Looks like you need to get J. Goodman up to speed on Game of Thrones

Anonymous said...

The Honorable Magistrate Judge Chris McAliley hereby decrees from on high that thou shouldst not--est refer to the Robed Ones as "Mags" lest-eth you appear disrespectful to the legal acumen and general superiority of the Noble Ones.

Let it be So Decreed this fifteenth day of July in the year two thousand and fifteen.

So say I all.


South Florida Lawyers said...

Great decision 2:06, though I'm thinking someone may have to explain the GoT reference to Michael.

Don't know if Magistrate Judge McAliley actually thinks that 3:46, but if so I agree with her -- they are Magistrate Judges under the rules and related statutes so no reason to not give them the respect earned by the title, even for retired toe-tappers.

Godwhacker said...

Lovely song by Al.

Anonymous said...

Great video thank you SFL!

Anonymous said...

Shepherd channeling his inner Schwartz.