3d DCA Watch -- Trail of Tears Edition

Hi kids!

Blah blah blah that glorious time of the week, blah blah coffee-swilling, blah blah concrete bunker, blah blah blah resplendently robed, blah blah judicial utterances, blah here we go, blah blah our patented 3d DCA Watch:

How nice, I see that our friendly 3d DCA took their act on the road and played a gig at St. Thomas School of Law:

On April 14, 2009, the judges of the Third District Court of Appeal held oral argument at St. Thomas University School of Law in Miami Gardens, Florida. Chief Judge David M. Gersten, Judge Linda Ann Wells, and Judge Barbara Lagoa served on the panel. The law students had an opportunity to observe oral argument. After oral argument, the judges entertained questions about the cases and judging in general. A luncheon followed.

But wait a minute -- no Judge Schwartz? Boy you kids really missed out!

Speaking of judges, I hope you all have been practicing like I have for tonight's big DCBA YLS Judicial Reception (hi Gisela!). Here are some phrases I have been working on --

"Yes, judge!"

"How funny, your honor!"

"I totally agree, so true!"

"Oh yes, he really is a piece of s@$t!"

How am I doing so far?

Ok folks, let's take a peek:

Brivis Enterprises v. Plinski:

How badly messed up is the law on vacating defaults? It should be a relatively simple and straightforward analysis, but for some reason it's gotten increasingly convoluted.

What's the difference between "abuse of discretion" and "gross abuse of discretion"?

How about "gross neglect" versus "excusable neglect"?

Don't ask me, I just hire the bow-tied one, Robert Glazier, and hope for the best.

Federated National v. Palenzuela:

Judge Shepherd to appellant: next time, please try to appeal from an actual appealable order. Just sayin'. Plus, when you do, I will probably rule against you.

Cheekie Investments v. Point One:

Oh Cheekie Investments, why do you tease us so? And why is my friend Sergio Pagliery representing himself?

From this per curiam opinion, we will never know.

Luckily, Magistrate Judge Garber set out some of the allegations here.

Bottom line -- Sergio, call me the next time you get an investment idea, ok?

Casa Investment v. Nestor:

God I love state court! Where else can you read a sentence like this:

On July 13, 2007, Casa served its Amended Motion for Final Summary Judgment and noticed the motion for a September 10th hearing. At that hearing, Nestor made an ore tenus motion for summary judgment based upon a statute of limitations defense, which the trial court granted.

An "ore tenus motion for summary judgment"??

Which the trial court granted??

And which was affirmed by the 11th circuit appellate division (except for Judge Reyes)??

Folks, my work here is done.