Wednesday, December 9, 2015

3d DCA Watch -- Welcome to the Bowels of the Court!


Hope you enjoy being digested and eliminated by our court system!

Ok, let's take a look:

Akin Bay v. Von Kahle:

Lilly Ann Sanchez beats Elliot Kula in an appeal of a Judge Thornton arbitration order.

Deutsche Bank v. Perez:

I don't know Senior Judge Marvin Gillman very well, but he seems to have a unique appreciation of his job:
 The case proceeded to trial on December 9, 2014. When the bank announced that it was calling Scott Logue as its corporate representative, the defense objected arguing that because the bank had failed to specifically name Mr. Logue as its representative he could not be called to testify. In response, the bank explained that a specific name had not been provided because it did not know who would be available to testify at trial and that this failure was not for any improper purpose or harmful. The bank further suggested that because no prejudice had been demonstrated it should either be permitted to proceed or the matter should be continued to mitigate any potential harm. The court below summarily rejected these arguments, stating that it was unconcerned about prejudice to Perez and was punishing the bank for failing to strictly comply with its pre-trial order:
MR. SWEENEY [for the bank]: Judge, what’s the prejudice to Ms. Perez? She’s incarcerated. What’s the prejudice to the land trust? They are probably renting the property out.
THE COURT: I’m not interested in prejudice anymore, notwithstanding the District Court of Appeals conversations about prejudice all the time. If you don’t follow the Court orders, you have consequences. The consequences are you don’t have a witness. The consequences of not having a witness is you might not be able to prove your case. If you can’t prove your case, you get a voluntary dismissal or involuntary dismissal. We are disposing of cases. You all have the responsibility of presenting cases to the Court. Your client filed a lawsuit and put it into the jurisdiction of the Court. When you put it into the bowels of the Court, God knows what is going to happen. It’s like making sausage. That’s what happens in these cases.
Can anyone guess what happened on appeal?

3 comments:

Anonymous said...

Bowels = polite way of saying it

Anonymous said...

four lawyers today, Greenberg hack, DLA hottie, small timer, and a out of towner got into a knock down- screaming argument before a judge on a motion calendar in which they were all tossed from the courtroom by the bailiff. The subject: Pennoyer v. Neff. Weird beyond words to watch.

Anonymous said...

Carole King - J. Rosenbaum is at it again:http://media.ca11.uscourts.gov/opinions/pub/files/201415744.pdf. Check it out Sd. Fla.