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3d DCA Watch -- I'm Sick to Death of This.

The 3d DCA is really starting to get on my nerves.

There they sit, in their temperature-controlled bunker, working out in their plush mechanical room with borrowed old decrepit refurbished gym equipment, luxuriating in their bolted down washrooms, emitting written utterances wantonly and with reckless abandon as they swill their cold bitter brew.

They've almost got it as good as Wisconsin public school teachers!

So yada yada yada, let's hear what these hoity-toity high-falutin' high-steppers have to tell us about what we did wrong this week:

Beltran v. Kalb:

Boy, Judge Shepherd really likes the homestead exception:

The will of the people, as expressed by them in their constitution for more than 140 years, was fulfilled?the property was preserved for the benefit of the family.

What is this, Bonanza?

"They saved the Ponderosa, Hoss!  Tell Little Joe!"

Juba & Juba v. Milceus:

Judge Shepherd holds his nose and relieves counsel from screwing up in responding to a motion for sj:

Although, if given the opportunity, I would reconsider having joined the majority in AC Holdings 2006 v. McCarty, 985 So. 2d 1123 (Fla. 3d DCA 2008), wherein this Court relieved a defendant from the consequences of negligent counsel, which was not cured until a second motion for rehearing, I feel obligated by the doctrine of stare decisis to apply the reasoning of AC Holdings to relieve the defendants here of the consequence of similarly negligent counsel who sought to cure her error one motion for rehearing sooner. In each case, the error of counsel was basic and identical: the failure to submit sworn evidence in response to a
plaintiff?s motion for final summary judgment.

 AC Holdings is only from 2008 -- I'm not sure how strong a role stare decisis should play where the announced doctrine is merely a few years old.

Maybe the Judge is just cutting the lawyer a break and doesn't want everyone to know he's a softie at heart?

Thompson v. Walmart:

This case involves both "trial by ambush" and also a doctor whose real name is apparently "Felix Freshwater."

In my opinion neither is especially advisable.

Full post as published by South Florida Lawyers on March 16, 2011 (boomark / email).