Wednesday, January 27, 2016

3d DCA Watch -- Bye Bye Costa Concordia Cases!

Remember when that huge ocean liner ran aground and it was a total disaster?

Well now we know for sure those cases belong in Italia:
Plaintiffs in both Abeid-Saba and Scimone II are represented by the same counsel.8  At no point in the proceedings before either the trial court or before this Court has counsel suggested that the evidence to be presented on the Kinney or Cortez factors differs in any material way between Abeid-Saba and Scimone II.
Accordingly, rather than require the parties and the trial court to expend further resources unnecessarily in Scimone II, we remand Scimone II with instructions that the trial court grant Carnival’s motion to dismiss for forum non conveniens based on the trial court’s analysis of the Kinney and Cortez factors in the Abeid Saba case.
Good luck and good bye!

Boy you have to be some kind of deluded litigant to get Judge Salter so upset you get excluded from oral argument, and appellate fees awarded as a sanction on his own motion:
We do not address here the method or manner by which the Association’s counsel in the circuit court apparently led one of our “[b]usy judges[,] managing overloaded motion calendars,” into error, but we remind counsel of their ethical obligations of complete candor to their client as well as the circuit judge.  Id.  The order below is reversed, and the case is remanded to the trial judge with directions to vacate the final default judgment.  U.S. Bank Nat’l Ass’n v. Proenza, 157 So. 3d 1075 (Fla. 3d DCA 2015).  We retain jurisdiction for the limited purpose of considering sanctions following our review of the Association’s response, if any, to this opinion’s directive to show cause.

That's like pissing off Jesus -- work on your game, nameless trial counsel!


Anonymous said...

No comments? Tsk, that's not right.

Happy Hump Day, SFL. :)

Anonymous said...

Good morning!

Anonymous said...

Cue short and fat well dressed lawyer:

"If you are involved in a cruise disaster, anywhere around the world, chances are you will be required to litigate you claims in Mi-

Enter dude who whispers in his ear...barely over heard "forum non con-"

"Forum non what? Uh, what do you mean?

"Sire, it means that the cases can't be brought in Miami

"But, my strip-mall office, my suits, the hours marketing, my God, the book

"But sire, you can do this

"You're right...

"If you or your loved one is injured in an accident, you have rights under PIP. I'm Spencer and I have built my office right next to the courthouse for one reason, and one reason only-

Enter well dressed legal assistant who can be heard saying "case specific...that means..."

"Praise the lord

"I'm spencer, and if you or your loved one were bitten by one of the birds from the winged wonders show on Carnival...