Skip to main content

11th Circuit Affirms Judge Moreno -- "Nulidad"!

Do you know what a "nulidad" is?

I didn't.

But thanks to this sweeping affirmance of Chief Judge Moreno by the 11th Circuit, now we all know:
Though Plaintiffs could have sought a nulidad, they abandoned their appellate rights in Guatemala. Plaintiffs acknowledge that Guatemalan law allows nulidads and other appellate challenges. They counter only that they lacked a basis for appeal and thus were barred by ethical principles. But Plaintiffs had at least one good faith ground for appeal. Decree 34-97 makes an exception for claims filed “in a spontaneous and totally free manner.” Plaintiffs’ expert admitted that Plaintiffs’ Guatemalan action was “filed in a free and spontaneous manner.”
Ok, hard stop -- how do you file a complaint in a "free and spontaneous manner"?

Do you "twerk" it as you hit the CM/ECF filing button?

Take a shot, hit the glass on the desk, and press "file"?

We need clarity and definition here -- can someone file a rehearing motion asap?


  1. Sorry about the late comment, SFL. Very well done and funny! This post deserved more encouraging comments. Sometimes your readership can be inattentive.


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.