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3d DCA Watch -- A Dollar Short of Happy!


Wow -- all seven opinions are civil this week (though two are PIP)!

Hey, who needs all that extra work?

Bah humbug blah blah blah let's get right to the parade of Christmas horribles:

How's this for a South Florida real estate sob story:
In this appeal and cross-appeal, we review a final judgment addressing competing claims among a group of real estate lenders. Despite the relative simplicity of Florida’s recording laws and the well-settled procedures for mortgage loan closings, the underlying development project became a tangled knot of claims and counterclaims.1 Embarrassingly for the legal profession, most of the tangled web is attributable to the acts and omissions of lawyers—though not those representing the parties here or in the trial court.2
And here's footnote 2:
The Florida Bar has suspended the license of at least two of the transactional attorneys responsible for the mess described by the trial judge. The various lenders’ claims against the transactional attorneys were severed from the secured lenders’ claims against the Property.
But Judge Shepherd in dissent thinks the majority has gone a mortgage debt too far:
The news of this court’s sua sponte decision, issued today, to exempt the real property from the natural consequences of nearly half-a-million dollars of defaulted mortgage debt in this case because of non-payment of excise and intangible taxes will, I think, come as quite a surprise to the readers of the majority opinion. The question of whether taxes were paid neither was raised below nor on appeal. More importantly, the majority’s sua sponte decision to examine the notes and mortgages for payment of taxes admits to no limiting principle. Under its mandate, we have become duty-bound to examine all debt instruments, mortgages, and other similar obligations in the quiet of our chambers for compliance with this state’s complicated and ever-changing excise and tangible income tax laws and regulations. I do not believe this is the law and, for this reason, most respectfully dissent.
"Quiet of our chambers"?

Come on, nobody rocks a holiday party better than the kids in the bunker -- don't come a knocking if this bunker's a rockin!

Comments

  1. Generation Viagra meet Generation Ass!

    ReplyDelete
  2. "Limiting principle"! That little bit of jargon takes root in the Commerce Clause debate in the Obamacare litigation.

    ReplyDelete
  3. I'm starting to speak in iambic pentameter. That can lead to delusions of grandeur.

    ReplyDelete
  4. All Hail King Shepherd!

    ReplyDelete

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