Wednesday, September 2, 2015

3d DCA Watch -- It's Hot Out There Edition!


It's wet and wild Wednesday in the bunker, and the judicial juices are flowing!

Let's partake of the nectar of the (concrete) gods:

Key West Seaside v. Certified Lower Keys:

Close your eyes and imagine a world where the offer of judgment statute and related rule operate perfectly, and no one is the least bit confused or unclear as to how to works.

Now wake up:
Key West Seaside, LLC, (“Seaside”) appeals from an order denying its motion for attorney’s fees and costs pursuant to the offer of judgment statute, section 768.79, Florida Statutes (2010), and Florida Rule of Civil Procedure 1.442. Because a final judgment of no liability was entered in favor of Seaside, and because the trial court made no finding that Seaside’s offer of judgment was not made in good faith, we reverse and remand with instructions to determine reasonable attorney’s fees.
Other than that the trial judge got it just right!

But Judge Logue says not so fast:
For me, the dispositive legal point in this case is Seaside’s failure to provide a copy of the transcript of the evidentiary hearing which formed the basis for the trial court’s detailed and well-reasoned order. The order under review specifically states it is based on testimony taken at a hearing on August 22, 2013. Without reviewing the evidence presented and any findings the trial court made orally at the hearing, we are not in a position to opine that the trial court abused its discretion in denying Seaside attorney’s fees for its nominal offer of judgment.
Such a stickler for details!

Aghion v. Franco:

Oops, somebody filed a frivilous appeal:
Because we find that Aghion’s appeal was frivolous as taken in disregard of the law of the case below, sanctions against Aghion and his counsel are warranted under both section 57.105 and Rule 9.410. Aghion filed this appeal after the Court had already denied his motion to enforce the mandate in Corkidi v. Franco Investments, LLC, 40 Fla. L. Weekly D755 (Fla. 3d DCA Mar. 25, 2015), and issues raised in this appeal had earlier been decided adversely to Aghion in the original appeal, Corkidi v. Franco Investments, LLC, 100 So. 3d 91, 92 (Fla. 3d DCA 2012). Aghion subsequently filed motions for rehearing and certification with respect to the mandate order. On June 17, 2015, this Court denied the motions, with concurrence by Judge Shepherd that bears repeating
The filings by his counsel in this Court alone now exceed the number of pages contained in the Affordable Care Act, 42 U.S.C.A. §§ 18001, et seq. If necessary to end this saga, the trial court should re-issue the Final Judgment against Mr. Aghion forthwith. Enough is enough.
An interesting reference!

2 comments:

  1. Great dissent by Logue.

    ReplyDelete
  2. Shepherd's Affordable Care Act shtick is getting tiresome

    ReplyDelete