3d DCA Watch -- Dear Nonresidents: Don't Get Sick in Our City!

Judge Rothenberg (see, I can spell it right!) gets a lot of attention in our 3d DCA Watch posts, perhaps because she is very active.

Here she is reversing Judge Schumacher in a class action involving Miami charging nonresidents more for emergency services:
The City of Miami (“City”) appeals the trial court’s final summary judgment, which struck down a provision in section 2-234 of the City of Miami Code that requires non-residents of the City to pay $100 more than residents of the City who use the City’s emergency medical transportation services (“non-resident surcharge.”).1 The trial court struck the non-resident surcharge, finding in part that it is an unauthorized tax, not a user fee, and that even if the higher fee charged non-residents for the use of the City’s emergency medical transportation services constitutes a user fee, it must be stricken because it violates the plaintiffs’ rights to equal protection under Florida’s Constitution and unconstitutionally impairs intrastate travel. Because we conclude that the fee charged non-City residents who use the City’s emergency medical transportation services is a user fee, not a tax, and it does not violate the constitutional guarantee of equal protection or unconstitutionally burden intrastate travel, we reverse the trial court’s order entering final summary judgment in favor of Cheryl K. Haigley, individually and on behalf of all others similarly situated (“the plaintiffs”), and remand with directions to enter final summary judgment in favor of the City.
Well that's a fine how-do-ya-do!

Hey, is anyone interested in a cautionary tale to bidders at foreclosure sales?
In this cautionary tale to bidders at foreclosure sales, we reverse and remand with directions that the improperly disbursed surplus funds be re-deposited into the court registry.
One more off the bucket list.

Also, this one is a classic hold-your-noser:
Again, while we sympathize that Nocari was an unsuspecting bidder at a foreclosure sale, “[c]ourts of equity have no power to overrule established law.”
 Ok, one more from Judge R:
Truly Nolen of America, Inc. (“Truly Nolen”) appeals a trial court order finding that it waived its right to compel arbitration by filing a motion to transfer venue based on forum non conveniens while simultaneously filing a motion to compel arbitration. Because the actions taken by Truly Nolen were not inconsistent with its right to enforce the mandatory arbitration clause in the parties’ contract, we reverse and remand for further proceedings.
Even roaches have mandatory arbitration clauses, it seems.


  1. If you've ever been to a foreclosure sale, it does not appear to me that the average "bidder" who goes to those things reads appellate opinions, but thanks for the cautionary tale.

  2. Has Rothenberg ever ruled for plaintiffs?

  3. buyer in the nocari decision has some rustled jimmies and the bankrupt discharged homeowner getting $90k windfall giggling ass off.

  4. Rothenberg is the poster child for why there should be judicial elections.

  5. We Americans hate a free market. All that “sympathy,” why? For a buyer of land who did not do the work before he bought it?

  6. Chalk up another likely Supreme Court reversal to the most biased DCA judge in Florida.


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