Thursday, February 18, 2016

3d DCA Watch -- Yikes, Did UM Lead the Trial Court Into Error?

This is a pretty strong reversal by the Bunkerites™:
Not only was the “law of the case” inapplicable below, Francois appears to have followed the exact prescription to obtain reformation which the Fifth District described in its opinion in Rucks v. Pushman, 541 So. 2d 673 (Fla. 5th DCA 1989) and which it affirmed in Banks, 955 So. 2d at 608.  Application of those principles here demonstrates that the trial court’s conclusion that Francois had not shown a sufficient “mistake” to obtain relief under Rule 1.540, Florida Rules of Civil Procedure was erroneous.  In fact, some cases support the notion that Francois could simply have moved for reformation of the release in this case and did not need to file his independent reformation action.
Was the law that crystal-clear?

In other news, this seems entirely believable:
A lawyer for former Gov. Eliot Spitzer says no hotel room assault occurred, and that Spitzer was trying to help an emotionally troubled woman.
Attorney Adam Kaufmann said in a statement Monday evening that the 25-year-old woman called Spitzer to tell him she was returning to Russia and wanted to see him. They met Saturday afternoon at a room booked for her at The Plaza Hotel and had an "amicable" conversation and he left. He says she called him later and she was "becoming highly emotional." He says he sought to "keep her calm."
He says the Spitzer has "known her for a period of time," but didn't expound on their relationship.

Read more here:

"Do you think mom will buy it?"


Cocaine Princess said...

The Daily Mail reported the room he booked was at a $1,000-a-night.

Hmm, I'm curious if he received a special Valentine's Day rate....

Spencer's World said...

I gotta get me some Spitzer business. Or at least the women he dates and chokes out. Working on a You tube video now.

Anonymous said...

No discussion of the alleged client conflict of interest fucking in the Sofer case?