Skip to main content

3d DCA Watch -- Notices of Supplemental Authority: Bunker Edition!

The Bunker is so cute -- just because we've been discussing what to do in federal court with excessive notices of supplemental authority, briefs in support, "responses" thereto etc., well suddenly the little concrete judicial shack that could wants us to know that they ALSO have this problem:
We take this occasion to criticize the defendants/appellees’ remarkable flurry of post-argument “notices of additional authority” and “motions to supplement the record.” After oral argument in May 2014, counsel for the appellees filed and served five such notices and amended notices of additional authority apprising us of ten opinions dating from 1948 through 2003, together with narrative constituting additional argument. After oral argument, the appellees also sought to supplement the record with documents filed in the lower tribunal after the notices of appeal were filed. We initially granted the motion to supplement, but after further review we vacate that May 28, 2014, order and strike the post-argument motion to supplement the record. We caution counsel for the appellees to review Florida Rules of Appellate Procedure 9.200(f) and 9.225, as well as Brown & Williamson Tobacco Corp. v. Young, 690 So. 2d 1377 (Fla. 1st DCA 1997), regarding such filings.
And this is from Judge Salter!

Basically, stop with all the extra briefing and additional bites at the apple and check yo self, kiddies.

BTW -- congrats to bunker superstar Barbara Green, nice win and in a meaningful case!


  1. Nice going, "R.A. Cuevas, Jr. and Eric K. Gressman"!


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.