Skip to main content

3d DCA Watch -- Poncho and Lefty Strike Again!



Day One of the Post-Schwartz Bunker era and the coffee is being swilled at half-speed in honor of this momentous occasion.

The big news is this opinion dismissing the Miccosukee Tribe's petition seeking review of a non-final discovery order on timeliness grounds!

Here's the legal issue in a nutshell:
In their motion to dismiss, Respondents argue the motion for reconsideration (filed July 23, 2013) was not an authorized motion because it sought reconsideration of a non-final order. See Caulfield v. Cantele, 837 So. 2d 371, 376 n.3 (Fla. 2002); Bak v. Bak, 110 So. 3d 523 (Fla. 4th DCA 2013). As a result, the motion for reconsideration neither suspended rendition of the July 15th order nor tolled the thirty-day time period for filing the instant petition. Caulfield, 837 So. 2d at 376; LaCarrere v. Reilly, 987 So. 2d 816 (Fla. 3d DCA 2008).

Petitioner concedes that the motion for reconsideration was not an authorized motion and did not suspend rendition or toll the time for filing the petition, but contends, nevertheless, that the petition was filed in a timely manner. Petitioner argues it was entitled to an additional five days to file the petition because the July 15th order was e-mailed to Petitioner’s counsel. For this proposition, Petitioner relies upon Florida Rule of Judicial Administration 2.514(b), which provides:
(b) Additional Time after Service by Mail or E-Mail. When a party may or must act within a specified time after service and service is made by mail or e-mail, 5 days are added after the period that would otherwise expire under subdivision (a).
Petitioner misconstrues this rule. The additional five-day time period applies when another rule requires a party to act within a specified time after service. Rule 2.514(b) affords no additional time when a rule (in this case rule 9.100(c)(1)) requires a party to act within a specified time after rendition of an order. See e.g., Bell v. U.S.B. Acquisition Co., 734 So. 2d 403 (Fla. 1999); Turner v. State, 557 So. 2d 939 (Fla. 5th DCA 1990); Bouchard v. State, Dep’t of Bus. Regulation, 448 So. 2d 1126 (Fla. 2d DCA 1984).
Ouch!

Comments

  1. They should have just written:

    "30 days from an Order, you shall appeal or say no more. 5 days extra for service, do not help you appeal a jurist.

    Cert. Denied.

    P.S. Fees to Appellants"

    ReplyDelete
  2. Your boys are on a streak SFL.

    ReplyDelete
  3. The Tribe's lawyers are obviously committing malpractice. The irony is amazing.

    If they had an informed client, theyd be fired. And sued.

    They are in big trouble.

    ReplyDelete
  4. Tribe needs to hire real lawyers.

    I wonder what these HACKS have bilked the tribe for all the failed litigation?

    ReplyDelete
  5. Sounds like the Tribe's lawyers need to retain personal counsel, if they haven't already.

    ReplyDelete
  6. I have always been partial to Townes's version.

    http://www.youtube.com/watch?v=YtzgwNDZAs4

    ReplyDelete
  7. 1:48 -- HUGE Townes fan. His melancholy, knowing voice coupled with his wit and weary delivery made him a special talent.

    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.