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3d DCA Watch -- It's Almost Induction Time!



It's that time of year, which means the bunker is getting spiffed up and ready for this big event:
On May 5, 2014, the Third District Court of Appeal will host the Spring Ceremonies for the Induction of Candidates for Admission to the Florida Bar. 
It's really wonderful that this year they are doing it as a color run, whereby all the judges will have paint guns so they can liberally assault spray the newbie lawyers with an array of (allegedly) nontoxic paint as the inductees run around in circles in the bunker parking lot.

What better way to prepare them for the practice of law?

Onward:

Diodato v. Islamorada:

Deadato?  Haven't thought of him in years!



Actually this is an interesting case reversing sj to defendants based on an exculpatory clause/release that should have been narrowly construed:
The final summary judgment in favor of the defendants was based on printed releases1 signed by Mr. and Mrs. Diodato during a prior visit to the Keys in 2009 and again for a shallow reef dive the day before the tragedy. The trial court rejected Mr. Diodato’s argument and evidence that the dive operators had failed to follow their own standard practice of procuring a different form of release for the more advanced dive and the boat trip to be undertaken on the day of the tragedy.

Applying well-settled Florida law disfavoring and narrowly construing exculpatory clauses, we reverse and remand for further proceedings. The scope and duration of the “activity” to which the signed exculpatory provisions applied is a genuine issue of material fact that precludes summary judgment.
Professional Roofings v. Flemmings:

Does a "Stand Your Ground" finding in a criminal matter automatically act as res judicata in a related civil proceeding?

Survey says no:
Under these statutes, once the criminal circuit court made the legal determination that Alvarez’ use of force against Flemmings was justified, Alvarez was entitled to immunity from criminal prosecution for aggravated battery with a deadly weapon and the criminal charges were dismissed. See §§ 776.012, 776.032(1), Fla. Stat. (2014). According to the petitioners, such legal determination only needed to be made once, so that immunity should automatically apply in this civil action under common law principles of res judicata and/or collateral estoppel. We disagree.
So they'll need an evidentiary hearing (or they can just settle it outside, there's a history there).

Comments

  1. Your brain.....

    ReplyDelete
  2. Hi! Do I have to go all-Spence again to get the clicks up?

    ReplyDelete

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