Florida

Judge Gold's Mindfulness Campaign is Already Working!

Posted on March 16, 2011
DeniedasAbsurd                                                                                                    Last week at the FBA luncheon Judge Gold delivered a tremendous message of mindfulness in the practice of law, and we're already starting to observe concrete, positive results...

Dwyane Wade Gets Full Custody!

Posted on March 15, 2011
Maybe this will make the Heat play better, but regardless it's good news for Wade as the Chicago court that has been laboring for two years has awarded him full custody:Still, the 102-page ruling had some sharp words for Wade's ex-wife."This court finds that (Siohvaughn Wade) has embarked on an unstoppable and relentless pattern of conduct for over two years to alienate the children from their father, and lacks either the ability or the willingness to facilitate, let alone encourage, a close and continuing relationship between them," read a portion of the ruling entered by Judge Renee G...

Breaking -- DCBA to Shutter Courthouse Night Box!

Posted on March 15, 2011
Like many of you, I received a note this morning from the DCBA, marking yet another passage of an era:The Dade County Bar Association will no longer provide a filing box at the Dade County Courthouse for Third District Court of Appeal filings. All filings can now be made at the Third District Court of Appeal, in the night filing box located adjacent to the entrance steps at the Third District Court of Appeal, which is located at 2001 SW 117 Avenue, in Miami, Florida...

Someone Moved Howard Srebnick's Voting Site!

Posted on March 15, 2011
 I almost forgot there was an election today, but not Howard Srebnick:Few problems were reported throughout the day at precincts, according to the county?s elections department.But on Miami Beach, a number of voters were angry that several polling places had been moved...

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Should the Florida Supreme Court Be Broken in Two?

Posted on March 14, 2011
I'd have to say my favorite period in American history is the 1930s.You know, widespread and endemic depression, dust bowls, abject poverty, Nazi mistresses in black face, rising tensions in Europe leading to global catastrophe -- those were all good times...

Yoss Restructuring Complete!

Posted on March 14, 2011
Wow, I don't think anyone saw this coming:In an e-mail sent to employees Friday, managing partner George Yoss notified employees that the firm would be winding down its legal practice and laying off all employees by the end of the month.?As we are sure you are aware, these have been extremely difficult times for the firm,? stated Yoss in the e-mail...

Pick on Your Favorite Senior Judge!

Posted on March 14, 2011
Well, I suppose you could also pen a deeply-felt and tenderly expressed tome, professing unabiding and undying love, admiration, and respect.But I know you guys too well for that.Anyhoo, here's the list of usual suspects:Philip Cook, Robert M. Deehl, Charles D...

Spotted -- Former British PM Gordon Brown and Bruce Baldwin!

Posted on March 11, 2011
Former Prime Minister Gordon Brown is a busy man -- between angling to be head of the IMF to being denied entry to Burma to stopping Steve Jobs from being Knighted.Yet despite all that he had time to stop off at a local Macy's yesterday.And, like millions of other sun-worshiping South Florida visitors, Brown did the obligatory tourist thing and posed for a picture with my buddy Bruce Baldwin...

More Yoss Defections.....in New Jersey?

Posted on March 11, 2011
I've heard of a lot of reasons why Yoss lawyers are jumping ship, but this is a new one:Princeton, N.J.'s Wong Fleming, which last year merged into what was then the country's largest minority-owned law firm, Adorno & Yoss, now Yoss, is now stepping out onto the national stage on its own...

Judge Tjoflat Holds An Iqbal Party!

Posted on March 11, 2011
  It's Friday afternoon, so of course that's the perfect time for the 11th Circuit to drop a major pharmaceutical drug ruling.Read it and -- depending on your perspective -- weep or woot.The Judge does adopt a fairly novel policy argument rooted in how insurers supposedly price their premiums, effectively killing any kind of recovery for the insurers...

This Atlas Has Shrugged -- Yoss Fort Lauderdale Office Latest "Restructuring" Victim.

Posted on March 10, 2011
Rumors have been abounding regarding the Fort Lauderdale Yoss office, and it appears to be true:Veteran South Florida attorney Jan Douglas Atlas is leaving Yoss LLP and taking several attorneys with him, a source close to the firm said.Atlas has for years been the manager of the firm?s Fort Lauderdale office, where he practices in commercial litigation and oversees all securities lawsuits...

Does the First Amendment Apply to Lowe's Parking Lot?

Posted on March 10, 2011
Lowes First Amendment Opinion                                                                                                    Have you ever been pissed off at a business and decided to take action by standing in its parking lot, holding up a protest sign?Me neither, but apparently Anthony V...

This is How All Clients Should Dress When About to Be Sentenced for Probation Violations.

Posted on March 10, 2011

3d DCA Watch -- Let's Do the Time Warp Again -- Apex Depos, Economic Loss Rule and Venetian Salami!

Posted on March 09, 2011
I have a quick question -- can you convert a simple breach of contract action into a tort claim for damages?Has anyone researched this?Oh well, let's suck in a deep whiff  -- and hold it -- from this week's written utterances, freshly baked from the dank, dark, desultory, Desilu Studios'-like concrete wonderland that is our very own JusticeBunker?:Walker v...

Things Inside My Head.

Posted on March 09, 2011
 Here's a quick snapshot of what's inside me noggin this morning, in no particular order:1.  I plan to ask for a kosher meal at today's FBA luncheon.2.  It's almost worse that Con Law Perfesser Obama legitimized Gitmo, indefinite detention, and military tribunals than it is that "rancher" George W...

Spencer Kuvin Asks Interesting Questions of Interesting People.

Posted on March 08, 2011
You have to love the British press.Get a load of this headline,which somehow involves WPB attorney Spencer Kuvin:Prince Andrew named in sex quiz but billionaire pervert's girl aides refuse to say if they even know royalUmm, right.The story naturally is about billionaire Jeffrey Epstein and his personal assistants, who Spencer deposed in the continuing underage sex saga unfolding in Palm Beach:Miss Kellen and Miss Marcinkova, both in their 20s, were given immunity from prosecution in the controversial deal fixed by Epstein when he was jailed for 18 months for soliciting prostitution from under-age girls...

Now There Are Two Vacancies on the 11th Circuit As Well.

Posted on March 08, 2011
As David noted yesterday, it's been 741 (now 742) days since Judge Hurley took senior status and Kathleen Williams is still waiting to be confirmed as a federal judge.Now I see that Judge Susan Black of the Eleventh Circuit announced that she would be stepping down from the bench, creating a second vacancy in addition to Judge Birch (who stepped down last August)...

John Bolton to Visit Miami and Declare War on Libya.

Posted on March 08, 2011
The Miami branch of the Federalist Society has such an interesting and eclectic group of speakers covering the entire political spectrum -- all the way from Gitmo commanders to Fox commentator Bernie Goldberg.So it's no surprise they have invited famous mustache wearer, National Review cover boy, and likely VP pick John Bolton, who lately has -- surprise(!) advocated for total war on Afghanistan Iraq North Korea Iran Duchy of Grand Fenwick Libya, who is coming to Miami to talk about...

Suge Knight/Kanye West Case Limps to Quiet End.

Posted on March 07, 2011
Suge Knight Kanye West Settlement                                                                                                    After Judge Seitz granted the defendants' sj, and the defendants then filed a motion for costs, it appears as if the Suge Knight/Kanye West lawsuit is finally coming to an end.

Ervin Gonzalez Objects to Victor Diaz Chinese Drywall Settlement?

Posted on March 07, 2011
Hmm, there is undoubtedly a huge back story here:Miami-Dade Circuit Judge Joseph Farina has overruled objections and approved a $1.8 million settlement in a Chinese drywall class action with Homestead homeowners.Farina approved more than $2.9 million in attorney fees and costs to close the case...

Florida Legislature To Strip Courts of Rule-Making Ability?

Posted on March 04, 2011
We've certainly seen our share of lame-brained, reactionary, and just plain arse-inine proposals out of Tally, but this has to be one of the dumbest to come down the high speed train pike in a long time:A constitutional amendment that would take court procedural rulemaking authority away from the Supreme Court and give it to the Legislature has been introduced in a House subcommittee that has been studying the issue...

Your Friday Sanctions Order!

Posted on March 04, 2011
Order Granting Renewed Motion for Default                                                                                                    This is the sanctions order in the Chris Korge/Claudio Osorio matter before Judge Manno Schurr we talked about the other day...

Buju Banton Motion for Acquittal/New Trial.

Posted on March 03, 2011
You can read David's handiwork here (Scribd was acting buggy).Here's the well-written intro from the motion:In this drug and gun case, the core allegation against Mr. Myrie was that he brokered a deal between Ian Thomas and Alexander Johnson (the confidential informant)...

Correction: WPB Yoss Office Not "Closed" But Partners and Rent Not Paid -- Much Better!

Posted on March 03, 2011
So was there or was there not a "restructuring" at the WPB Adorno Yoss?Managing partner George Yoss says yes, but what the hail does he know:John Koenig, the former Yoss partner in charge in West Palm Beach, said he left Tuesday with associate Mandell Sundarsingh to start the Boynton Beach firm Koenig & Dinkin with lawyer Mitch Dinkin...

Can Someone Explain This?

Posted on March 02, 2011
Judge Valerie Manno Schurr appointed Mark Meland as a receiver for a company after finding it in "default" for failing to turn over financial records to South Florida power broker Chris Korge, who is represented by Kendall Coffey.Huh?Was the "default" a discovery sanction?  Did the Judge strike the defendant's pleadings?  Is that what the "default" means?How do you get from a discovery sanction to the appointment of a receiver?Even if the obligation to turn over records was contractual, as opposed to arising from the defendant's discovery obligations, I'm not following how a finding of "default" leads to the appointment of a receiver to run the business...

Break Bread With Spencer Aronfeld!

Posted on March 02, 2011
Do you want to break wind bread with Spencer Aronfeld? All you have to do is help out judging the American Association for Justice 2011 National Student Trial Advocacy Competition, which is co-sponsored by Spencer and will be held at the University of Miami School of Law this weekend...

3d DCA Watch -- Duly Noticed, Judge Rothenberg.

Posted on March 02, 2011
Dear Judge Rothenberg:If you want us to highlight one of your opinions, simply send us a note.We're always happy to oblige Your Honor and would be delighted to facilitate the Bar's understanding of the intricacies of appellate practice and the nuances of contractor/subcontractor law...

This is What Happens When You Outsource Your Press Release.

Posted on March 01, 2011
Someone contact Hyderabad, stat:The Abreu Law Firm is one of the Miami Law Firms set up in the year 2007 ever since then it has been rendering their services to its customers to deal with legal cases and assist them in removing the charges forced over them...

Jack Reiter Leaves Yoss for Carlton Fields!

Posted on March 01, 2011
That intrepid person reports on the departure of Jack Reiter, former head of Adorno Yoss' appellate department, to Carlton Fields:?I?ve been presented with a terrific opportunity to become part of a strong statewide firm and an extremely well-respected practice group,? Reiter said...

A Tale of Two AGs -- Pam Bondi vs. Dan Gelber.

Posted on February 28, 2011
Happy Monday, kids!Did you watch a bunch of show business kids making movies of themselves, you know they don't give a....Oh well, you know the rest.(Lost Wages)Remember the last election?As they say, these things have consequences.That's why at the same time Miami Beach mensch Dan Gelber is helping foreclosure lawyer Marc Ben-Ezra "provide support with quality control and to help evaluate policies and procedures," whatever that means, the actual AG, Pam Bondi, is doing something really important -- stopping felons from ever voting again:Attorney General Pam Bondi says it is too easy for felons to regain their civil rights in Florida and wants new restrictions, including a waiting period of up to five years before they can seek clemency...

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