Skip to main content

3d DCA Watch -- Confess Your Errors, My Son!


Boy we are really in the dog days of summer when the most exciting thing to come from the bunker is a confession of error:
Based on Coconut Grove Bank’s proper and commendable confession of error, we reverse the order on appeal and remand with instructions to vacate the certificate of sale and direct that the Clerk of the Court republish and reset the foreclosure sale, pursuant to section 45.031(3), Florida Statutes (2010).
"Proper and commendable" confession of error -- I like that.

Good bank (pats head), good bank (hands bank a TARP biscuit).

It would have been even more proper and commendable if the bank had confessed error sometime before forcing opposing counsel to waste time and money briefing the appeal.

Comments

  1. TARP biscuit? Priceless.

    ReplyDelete
  2. Very interesting and confusing. There was a brief, answer brief, and reply brief but no oral argument. The "confession of error" had to be in the anwer brief. But then why file a reply brief? What is even odder is that the remedy granted is to re set the sale date. If the bank had simply walked in an agreed order to re set the sale date in December before the appeal was filed, the sale would have taken place in January without the added expense of an appeal. The appellee basically bought at least 9 months of delay because the bank never took its head out of the proverbial sand and looked at the case in a common sense sort of way.

    ReplyDelete
  3. Miller gets re-elected one day and reversed the next. priceless.

    ReplyDelete
  4. i love this blog

    including the comments

    ReplyDelete
  5. Holy cow! I just spent the last half hour reading that blog about Elvis being alive (don't worry, I'll find someone to bill for that time). What a great f***ing conspiracy theory! I love it!!!!! If you, like me, haven't heard of "Jesse" (Elvis lives!) and Eliza (Elvis's half sister), you have got to read that damn blog.

    ReplyDelete
  6. Very interesting and confusing. There was a brief, answer brief, and reply brief but no oral argument. The "confession of error" had to be in the anwer brief. But then why file a reply brief? What is even odder is that the remedy granted is to re set the sale date. If the bank had simply walked in an agreed order to re set the sale date in December before the appeal was filed, the sale would have taken place in January without the added expense of an appeal. The appellee basically bought at least 9 months of delay because the bank never took its head out of the proverbial sand and looked at the case in a common sense sort of way.

    ReplyDelete

Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.