3d DCA Watch -- Let It Rain?

Hey sugar, are your tomatoes wet enough?

What dirty minds you all have!

That's not a sexual innuendo, that's how people in old My-am-Ma used to refer to a heavy rain.



Miami Automotive Retail v. Baldwin:

A somewhat messed-up class action case returns for a second bite at the apple.

Vives v. Wells Fargo:

A somewhat messed-up foreclosure case gets reversed and remanded, but Judge Shepherd delivers a blistering dissent:
SHEPHERD, J., dissenting.

I dissent.
Was the rest of it cut off in the uploading process?

Lloyd's v. Pitu:

$700k in water damage, $25k aggregate water damage endorsement.

Guess who won?

Miami Beach v. City Pension Fund Boards:

Judge Schwartz adopts a footnote from another case thanking the lawyers involved for their briefs and excellent presentations.

Who's becoming such a softie all of a sudden??

Let it rain:


  1. You missed Washington, reversing Judge Hirsch in 39 cases because he refused to follow a Third DCA opinion. Apparently, both sides agreed he got it wrong.

  2. Ouch. Thanks for pointing it out.

    That's got a State on one side of the v, so it's more in Rump's territory, but the opinion definitely has an edge to it.

  3. I don’t think you do justice to Miami Automotive Retail v. Baldwin by saying it’s “a somewhat messed-up class action case returns for a second bite at the apple.” After the motion for rehearing and rehearing en banc was filed, the Florida Supreme Court decided Sosa v. Safeway Premium, which reversed a unanimous (Ramirez, J., recused) decision by our court, which had reversed the trial court’s certification of a class. I think they got it wrong again, and will be explaining why in my own blog.

  4. Judge Ramirez,

    I had an argument in front of you and it was a terrific experience.

    Love your online presence....please keep writing in - SFL is terrific, but the two of you could make this extraordinary, especially with the 3d DCA reporting. Why not a little back and forth on these with you guys?

  5. That's a fabulous idea -- I'm happy to extend posting privileges to the Judge so he can cover the law with his usual wit and insight right here in this forum.

    (I'll stick to comic books, old movies, and Keytars).

  6. Snark and substance. Watch out world.

  7. Do I get privileges for coming up with the idea - I can really dumb it down so you two look even better than you are.

  8. Sure -- right now I'm working on jazzing up the Judge's avatar.

  9. Judge Ramirez is right. third district keeps ignoring Sosa because some judges hate class actions. Look for Florida supreme court to grant review in so per v. Tire kingdom, pending since last august, because third refuses to follow Sosa. Ironic that hirsch gets blasted for failure to flow precedent when third refuses to follow supreme court precedent.


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