Skip to main content

3d DCA Watch -- "Sometimes the Simplest Move is Right!"

I love it when the Bunker gets jiggy and unconsciously name-checks Lady Gaga.

(I mean, it's happening so often it's almost a trend.)

Read on:

Guerra v. Southern Homes:
Vicenzo Guerra and Kimberly Guerra (collectively, “the plaintiffs”) appeal from an order dismissing their action filed against Southern Homes of Palm Beach, LLC (“the defendant”). The trial court’s order specifically provides that “the Court finds that . . . there was no record activity during 60 days immediately following service of the [Notice of Lack of Prosecution],” and therefore, “this action is dismissed for lack of prosecution.” However, because the record reflects that there was record activity during the sixty days immediately following the service of the Notice of Lack of Prosecution, we reverse the order under review and remand with directions to reinstate the plaintiffs’ action filed against the defendant.
Ok, a few questions:

What the hail happened?

Obviously the trial judge and perhaps the defendant thought there was no record activity.  And just as obviously, the plaintiffs must have thought something in the record constituted "record activity."

What was it?

(The answer might provide future litigants some useful guidance -- one of the main reasons why courts issue orders btw.)

Otherwise why didn't the defendant just confess error?

Oh yeah, here's the subconscious Lady Gaga reference (take note, Judge G):
Keep it tight
Sometimes the simplest move is right


  1. Don't want your jewels, I want your drugs

    Don't want your money, I want your love

  2. You really can do a lot with almost nothing.


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.