Florida

3d DCA Special Thanksgiving Turkey Day Watch!

It's turkey day inside the bunker, a special day of rest and relaxation, when the coffee is only politely stirred and the ritual carving of the roast beast precedes the stabbing thereof with their steely knives and we all give thanks that we just couldn't kill the beast, or something like that:

Milan Investment v. City of Miami:

This suit regarding the constitutionality of the Downtown Development Authority and related property tax, once as dead as the roast beast referenced above, is now only on life support:

We affirm the final summary judgment as it pertains to the state and municipal actions establishing the DDA and its territorial boundaries. We reverse that portion of the judgment determining that the four-year statute of limitations bars Milan Investment?s constitutional challenge to the 2008 ordinance fixing a half-mill per dollar ad valorem tax exclusively within the boundaries of the DDA district. In doing so, we confirm the applicability of the non-claim statute, § 194.171, to that challenge. Our reversal permitting the challenge to the 2008 halfmill DDA levy also permits Milan Investment?s refund claim to proceed regarding that levy. We express no opinion regarding Milan Investment?s class certification allegations.

Here the plaintiff became unemployed, couldn't pay her attorney, so her attorney withdrew and moved for a continuance.

Judge Glazer refused to grant the continuance and the 3d reversed, saying there was no real prejudice to the defendant in granting a continuance under these circumstances.

This is the 3d DCA's equivalent of pardoning a turkey and a fitting way for all of us to ease into the holidays.

Full post as published by South Florida Lawyers on November 24, 2010 (boomark / email).