Florida

11th Circuit Rules Contract Has "Genuinely Salty Flavor."

Posted on April 01, 2011
You know what, you guys all have dirty minds.That was absolutely not what I was thinking.All I was doing is accurately transmitting this ruling from the 11th that a noted researcher can properly bring suit against a shipwreck treasure-hunting outfit because the claims are cognizable in admiralty:In relevant part, the district court concluded that Bray failed to set out a claim cognizable in admiralty jurisdiction because, ?[a]lthough both Bray?s research and Odyssey?s obligation to pay pertain to the location of a ship, neither the research agreement nor the purported oral agreement amount to a maritime contract...

Happy Fool's Day!

Posted on April 01, 2011
What's happening in Tally vis-a-vis our court system?Let's take a look: [T]he committee later at that meeting approved a constitutional amendment splitting the Supreme Court into separate criminal and civil supreme courts, approved a bill to implement that amendment if it?s approved by voters, approved another amendment requiring Senate confirmation of the governor?s district court of appeal and Supreme Court appointments, and approved a bill to completely remove the Bar from the appointment process for judicial nominating commissions and increase the governor?s control over JNCs...

4th DCA Affirms That Plaintiff Is "Master of His Domain."

Posted on March 31, 2011
I really enjoyed Seinfeld and appreciated its groundbreaking comedy, but when I see lawyers who are insufferably uncool reference the show I start to feel that maybe it's a bit too obvious.For example, when walking along with your 92-year old Grandma you never want her to turn to you and say "and by the way, they're real and they're spectacular"!But with respect to this 4th DCA opinion from yesterday, it does seem to fit...

Judge Seitz Wants Barry Minkow to "Work on His Soul."

Posted on March 31, 2011
  Like Rumpy I have a few actual legal matters to attend to, so I apologize for not providing an outlet this morning for everyone to waste their time.So let's do that now! Nobody takes a longer better plea than Judge Seitz, and you can always count on her to say something interesting...

To access this complete feed in the blog feed reader login or register for free.

3d DCA Watch -- Approaching a Bunker Meltdown.

Posted on March 30, 2011
It's a hot, sweltering day out there, but due to budget cuts the bunker is legally mandated to maintain a constant year-round temperature of precisely 87 degrees.Damn you, Tallahassee!Onward:St. Louis v. FIU:Judge Shepherd reverses a jury verdict against FIU for racial discrimination and retaliation, basically finding the whole shebang should have been out on sj:St...

Spencer Aronfeld Has a Breakfast Club!

Posted on March 30, 2011
I'll leave it to others to figure out who in the above clip is the Princess, the Jock, the Troubled Bully, and the Brain.Isn't it great in the movies how everyone has one single definable character trait or flaw, and that by simply recognizing and addressing that single trait/flaw all previous issues which flowed from that flaw are miraculously resolved?Note to Spence -- I love ya buddy but you gotta do something about that conference room...

Chief Justice Roberts Has a Funny Idea About Admissible Evidence!

Posted on March 29, 2011
Sheesh, I thought this guy was a corporate litigator -- oh yeah that means he never got to try a case:?I checked the Citizens Clean Elections Commission Web site this morning,? the chief justice said, ?and it says that this act was passed to, quote, ?level the playing field? when it comes to running for office...

Centennial Symposium Blawger Update -- David Markus Action Photo!

Posted on March 29, 2011
We really did have a lot of fun and a lively discussion at Friday's Centennial Symposium.And, as lawyers often do, we all tried to one-up each other and prove we were the "Big Dawg" in the room with pithy comments and wry observations.In fact, after a particularly witty remark by David O, I happened to snap a photo of Markus just enjoying the moment...

11th Circuit Affirms Guts of YoPlus Class Cert Decision.

Posted on March 29, 2011
Judge Huck's Yoplus class certification decision was closely watched, and no doubt gave some indigestion.Insert groan here. Yet the 11th, via Judge Fay, has affirmed its reasoning and Judge Huck's "scholarly" analysis, though it was kicked back to remove any reliance element from the class definition:The district court?s analysis in its Order on Motion for Class Certification is sound and in accord with federal and state law...

Donald Trump Is Too Busy Talking About Obama's Birth Certificate to Appear at Mediation.

Posted on March 29, 2011
I completely agree with Judge Jordan -- why should Donald Trump have to appear at a mediation when he can send a lackey his Assistant GC Alan Garten?Question -- does "Mr. Garten" have a true live birth certificate, or just a ginned-up-in-Kenya fancy-dancy chardonnay-stained certificate of live birth?Or maybe it's as phony as Mr...

Adorno Yoss Requiem -- Slinging the Animal Poop.

Posted on March 28, 2011
The intrepid one proves once again why she is the best in the business with this devastating post-mortem of the demise of Adorno Yoss:The final decision apparently was forced on the firm by its bank, Wells Fargo, with which firm leaders were in negotiations the week of March 7...

Here's Your Chance to Complain About PACER!

Posted on March 28, 2011
I know you have a staff of thousands to deal with pesky CM/ECF issues, and probably have numerous "auto-forward" redundancies so that you never miss a deadline ever.But in the event your keyboard has actually made real live intertubular contact with PACER, you may have a suggestion or two for how to make the danged thing work better...

Time To Donate More Old Gym Equipment!

Posted on March 25, 2011
I agree with Fifth DCA Chief Judge Monaco, this is simply too stunning for words:The state House Justice Appropriations Subcommittee has targeted state judges for an 8 percent salary cut and plans to reduce their judicial assistant staffing by one-quarter...

Centennial Symposium Recap!

Posted on March 25, 2011
I must echo Rumpy and David O -- Robert Kuntz and Tim Ravitch put together a creative, informative and highly entertaining panel discussion today on "new media" and the 24-hour news cycle.Kudos on a job well done. In fact, it was so hip we actually got into a Twitter fight while making our presentations, and David managed to upload camera pics of the exciting, nonstop action...

Ernie Mullins Has a Question for Steve Zack!

Posted on March 25, 2011
Apparently tired of publishing my pal George L. Metcalfe's "Messages from Leesburg," the Florida Bar News has turned to Kissimmee lawyer Ernest J. Mullins for some fresh insights:Here?s my question to Mr. Zack: ?Hey Steve, when you were coming over here from Cuba, how many southbound rafts did you see?? Oh, and then there?s this: ?We cannot fight to establish the rule of law around the world and watch it jeopardized in this country...

Novel Solution to Judicial Funding Crisis -- Pay Judges to Work Faster!

Posted on March 24, 2011
I swear this year's legislative proposals affecting the judiciary are among the most bone-headed in memory.Take this doozy:Republican Sen. J.D. Alexander, the influential budget chairman from Lake Wales, wants to pay trial court judges up to an additional $12,000 a year if they meet specific numerical quarterly performance goals...

Florida Supreme Court "Clarifies" Offer of Judgment Statute.

Posted on March 24, 2011
I've said this before, but Florida case law governing the offer of judgment statute, along with its cute little tag along sister Rule 1.442, is hopelessly -- I would say irremediably -- screwed up.That's why, for example, two DCAs could come up with diametrically opposed outcomes on a nearly identical set of very discrete facts...

Lawyers Who Missed Answer Deadline Accuse Opposition of Making "Bricks Without Straw."

Posted on March 23, 2011
Bricks Without Straw(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "/javascripts/embed_code/inject.js?1300826227"; var s = document.getElementsByTagName("script")[0]; s.parentNode...

3d DCA Watch -- Elizabeth Taylor Special Edition.

Posted on March 23, 2011
RIP you insane, crazy and remarkable lady.On to the swillers......Castillo v. Castillo:I propose a one-year moratorium on any further citations to Canakaris -- it has to be one of the more unpleasantly named yet seminal Florida decisions to have to repeatedly see in briefs and orders...

Simply Amazing! And the Beat Goes On!

Posted on March 22, 2011
Simply Amazing! Order(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "/javascripts/embed_code/inject.js?1300738718"; var s = document.getElementsByTagName("script")[0]; s...

South Florida Legal Blawgers To Waste Everyone's Time on Friday!

Posted on March 22, 2011
Yes it's true, kids, a veritable murderer's row of your favorites, all ready to answer important questions about why everyone wastes their time reading these stupid things:Ripped from the Headlines: Eleventh Judicial Circuit Honors 100th Anniversary with Symposium on Media and the Courts* * *            The Eleventh Judicial Circuit Centennial Committee, Joseph H...

Vote, You Plebes!

Posted on March 21, 2011
Today is the last day to vote for Florida Bar President and for open seats on the Board of Governors: Schickel is part of a three-way race for president, which hasn?t happened in 26 years. The 1984 race saw Patrick Emmanuel of Pensacola win in a runoff with William Trickel Jr...

Prominent Lawyers Get Special Treatment at Joe's -- All is Well With the World!

Posted on March 21, 2011
My Herald gag reflex usually doesn't kick in until Tuesdays (for obvious reasons), but it came a day early this week.Let's see -- we're now in the middle of three wars and there is an unprecedented nuclear crisis in Japan, in addition to thousands lost and many more suffering from the devastating earthquake and tsunami...

David J. Stern Can't Afford to File Proper Motions to Withdraw.

Posted on March 18, 2011
 Something about this story really irks me:Legal rules don't just allow attorneys to walk away from a case. They are supposed to file motions to withdraw, or the new attorneys are expected to file a notification that they are the new counsel."Florida Rules of Civil Procedure require that attorneys file a proper Motion to Withdraw from any case which they no longer plan to represent," said Eunice Sigler, a spokeswoman for the 11th Judicial Circuit Court in Miami-Dade County...

These Proposals Seem Terrible!

Posted on March 18, 2011
What the hail are they doing in Tally:Cannon wants to break the seven-member Supreme Court into two separate five-member tribunals, one to handle only civil cases and the other to hear only criminal cases, similar to systems in Texas and Oklahoma. That would give Gov...

SFL Friday -- Please Help.

Posted on March 18, 2011
I'm sorta past these Friday afternoon posts but it's probably worth bringing back for a one-off given the magnitude of the situation in Japan.So donate here, or Crowdrise here, or text REDCROSS to 90999 to give $10 and I promise I won't make any too many jokes about my "spent fuel rods...

Surfside Hires Gerald Houlihan For Only $750 an Hour!

Posted on March 17, 2011
Boy do those schleppers in Surfside know how to cut a deal.For example, after getting hit with a federal lawsuit over a refusal to make some zoning changes to accommodate an expanded synagogue, the town attorney allegedly recommended they hire a federal lawsuit "specialist" who also -- according to this New Times article -- just happened to be her boyfriend, dashing Gerry Houlihan:This past December, Young Israel of Bal Harbour ? a Jewish congregation that is actually based in Surfside ? filed a lawsuit against the town after the town commission voted no to make zoning amendments that would have allowed the group to establish a new synagogue on an 8,000-square-foot lot it had purchased for $1...

Judge King Defaults Wachovia for Blowing Deadline -- Time to Take REALLY Deep Breath.

Posted on March 17, 2011
Mere hours after Judge Gold's excellent FBA speech on mindfulness, Judge King reminded counsel -- including heavyweights at Hunton & Williams, Carlton Fields, and Birmingham's Maynard Cooper & Gale, that it's probably a good idea to double or triple calendar dates to respond to an amended complaint -- even if someone else is supposed to be handling it...

Who Else is Excited About Purim?

Posted on March 17, 2011
What, is there another holiday today?Can't get that judge from The Verdict -- indelibly played by character actor Milo O'Shea -- out of my mind this morning.This is one of his finest scenes.

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

Posted on March 16, 2011
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...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.