Why is This Attorney Club Different From All Other Attorney Clubs?

 
Hmm, let's see -- everyone gathered around a table, there is food, wine and presentations -- is it Pesach all over again?

(What can I say --this stuff is like catnip).

Anyone Remember Mike Grieco?

 
Thanks to a tipster, I was thrilled to learn that Mike Grieco will be our next Miami Beach commissioner!

After graduating UM law school in 1999, Michael started his legal career as a Miami-Dade Assistant State Attorney. As a prosecutor he learned about not only the rule of law, but its application throughout the county. Michael excelled in the office, spending a majority of his six years focused on Gang and Narcotics enforcement before becoming a supervising Felony Division Chief in 2005.

Our candidate then opened his law practice in 2007, choosing to be his own boss and dictate how the firm is run, in lieu of billing hours at the behest of someone else. He has since built a successful boutique trial practice focusing on client care. Michael decided several years ago to move his business to Miami Beach to stay close to home, and enjoys the ability to run home frequently (and also walk the dog) or receive family visits throughout the day. Michael has a 4-year-old son who he considers his main motivation to seek local office. He wants his son to grow up in a city he is proud of, and he is worried that Miami Beach may be headed in the wrong direction due to lack of leadership. Michael has lived in condos at 5th and Meridian Ave. and both 800 and 1000 West Avenue, as well as a house in mid-beach (47th and Alton Rd.) before settling in South of Fifth some 4 years back.

He also has weathered severe wind conditions:

SFL Friday -- The Weather in My Head!

They may fix
The weather in the world
Just like Mr. Gore said
But tell me what's to be done
Lord - 'bout the weather in my head

Well it's that time of the week, let's see what is rattling around in the ole' noggin:

1.  The Rule of Law -- it's a bi$%h:

Tsarnaev is facing the death penalty. That is the circumstance in which procedural fairness matters the most. Yes, we have to protect ourselves from terrorism. But not by breaking with our traditional respect for the rule of law.

Or is that view old-fashioned?

2.   Florida's anti-Sharia foreign law bill is almost a parody of a bad law:

With the bill defeated in prior legislative sessions, its sponsors recharacterized it presumably to blunt criticism by attempting to distance it from the original language that overtly targeted sharia, which to Muslims is what Halakha is to Jews and canon is to Catholics The current version makes no such direct reference and instead targets "foreign law." The corresponding staff analysis warns legislators it may be fundamentally flawed nonetheless.

At the most rudimentary level, our law is derived largely from English common law. If SB 58 were to become law in Florida, the resulting confusion would likely precipitate a flood of litigation, Florida lawyers being the principal beneficiaries.

For instance, "this could prohibit Florida courts from recognizing divorces of Jews under Israeli law," advised David Barkey, with the Anti-Defamation League, founded in 1913 "to stop the defamation of the Jewish people."

Barkey; Carlos Osorio, with the International Law Section of The Florida Bar; and Howard Simon, executive director of the American Civil Liberties Union of Florida, also observed in a column they co-authored for the South Florida Sun-Sentinel that the bill "threatens to derail Florida's role as an international trade hub by complicating and destabilizing the personal and commercial lives of foreign nationals sent here from such important partners as Israel, Latin America and elsewhere."
The potential impact upon trade and economic development should not be underestimated.

 3.   I happened to be re-reading Jack London's autobiography and his love/hate relationship with alcohol, John Barleycorn, and came across this wonderful 1913(!) account of trying to explain to someone what it's like to smoke hashish:

Take Hasheesh Land, for instance, the land of enormous extensions of time and space. In past years I have made two memorable journeys into that far land. My adventures there are seared in sharpest detail on my brain. Yet I have tried vainly, with endless words, to describe any tiny particular phase to persons who have not travelled there.  “I use all the hyperbole of metaphor, and tell what centuries of time and profounds of unthinkable agony and horror can obtain in each interval of all the intervals between the notes of a quick jig played quickly on the piano. I talk for an hour, elaborating that one phase of Hasheesh Land, and at the end I have told them nothing. And when I cannot tell them this one thing of all the vastness of terrible and wonderful things.”

I "grok" you, dude.

4.  Congrats to Judge Tanya Brinkley, investiture today!

Have a great weekend!

Read more here: http://www.miamiherald.com/2013/04/25/3364667/dzhokhar-tsarnaev-and-the-rule.html#storylink=cpy

Are You Ready for the Corporate Run?

I actually don't run anymore -- I just go from BigFirm tent to BigFirm tent, enjoying the free coconut water, snacking on granola bars, bananas, muffins, paella etc. until I am completely satiated.

Then I move on to Gin Gibsons at the Bankers' Club.

Now that's what I call a healthy lifestyle!

Share with us your most ridiculous corporate run story -- it's ok, no one is working today anyway.

3d DCA Watch -- You Got a Good Case Except "There Is Not a Semblance of Evidence of Negligence"!

Hi there kiddies, don't come a knockin' when the bunker is a rockin':

Moriarty v. Murtan:

Should judges enter orders verbatim when you submit to them your very fair, generous-to-the-other-side, and completely balanced work product?

The 3d gives crystal clear, unambiguous instruction:

We note that the trial court entered Moriarity’s proposed ten-page order verbatim.  This fact alone does not compel reversal, given that Escadote had an adequate opportunity to present its own proposed order and to voice objections to Moriarity’s version. Cf. Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004) (holding verbatim adoption of proposed final judgment was reversible error where trial court failed to give opposing party opportunity to object or to submit his own proposed final judgment). Nevertheless, Florida courts have been critical of such a practice.

Thanks for clearing that up!

Kenz v. Miami-Dade Cty:

Judge Schwartz, specially concuring, doesn't think much of this slip and fall case:

Because it is clear, as the Court holds, that summary judgment is appropriate either way, simply because there is not a semblance of evidence of negligence, I would affirm without reaching the primary issue discussed by the Court.

West Kendall v. Downright:

News flash for certain trial judges:

The test on a motion to dismiss is not whether the plaintiff can prevail at trial, but whether the complaint states a cause of action.

Good to know!

It's National Poetry Month!

 
I'm sure all of you are acutely aware that April is National Poetry Month.

In honor of this fundraiser tomorrow for Judge Abby Cynamon hosted by Alan Kluger and other legal luminaries-- which all of you should attend and support --

I have written this little ode:

Whenever I dine with The Kluger
The caviar, it's always Beluga
The stylish cowboy booties
Are just like you see in the movies
He's larger than life
He's got a great wife
He's also got really nice suities

Happy Tuesday!

RIP Chrissy Amphlett

Chrissy Amphlett, the lead singer of the Australian rock band Divinyls whose hit "I Touch Myself" brought her international fame in the early 1990s, died at her home in New York City on Sunday. She was 53 years old.

"Christine Joy Amphlett succumbed to the effects of breast cancer and multiple sclerosis, diseases she vigorously fought with exceptional bravery and dignity," her musician husband Charley Drayton said in a statement.

"Chrissy's light burns so very brightly. Hers was a life of passion and creativity. She always lived it to the fullest. With her force of character and vocal strength, she paved the way for strong, sexy, outspoken women," he said.



N.B.: Its fleeting. Hate less. Love more. Leave your mark. Leave the World better than you found it.

"Me Llamo Spencer Aronfeld...."

"Y tengo una barba de chivo super cool!!"

Bruce Rogow to Save Senior Arcade Industry?

Everyone has to have their causes, and Bruce's new clients believe he has found one:

Most venues have closed their doors, but Gale Fontaine, president of the Florida Arcade and Bingo Association, hired attorney Bruce Rogow of Fort Lauderdale to challenge the law.

"He looked at it last week and said he'd let us know by Monday if there was a case," she said. "He called Sunday night."

The association's longtime attorney, Michael Wolf of Fort Lauderdale, said having Rogow take the case was encouraging.

"He's probably one of the top constitutional lawyers in the country," Wolf said. "For him to even take the case gives us hope that it has merit. I don't think he's in the habit of taking cases that don't have merit."

Does the mere presence of a renowned attorney on a case confer legitimacy on the merits of a particular legal argument?

Should it?

Bar Files 17 Count Complaint Against David Stern

You can read it here.

Some times you're up, sometimes you're down.

Economic Loss Rule -- When It All Comes Down!

The Florida Supreme Court's recent decision to abrogate the economic loss rule (except in product liability cases) has started to work its way into the case law, including this new 11th Circuit opinion:

The Supreme Court of Florida answered its question in the negative and held that the application of the economic loss rule was limited to products liability cases. Accordingly, based on the opinion the Supreme Court of Florida filed with the Eleventh Circuit Court of Appeals on March 11, 2013, and attached hereto as “Appendix I,” we vacate the district court’s grant of summary judgment in favor of Marsh on Tiara’s claims for negligence and breach of fiduciary duty and remand those claims for the district court to reconsider them in light of the Supreme Court of Florida’s opinion.

Note to Justices Canady and Polston: The sky is falling, the sky is falling!

Fourth DCA Permits Domestic Violence Filing by Temporary Resident

The Fourth District Court of Appeal ruled today in Rudel v. Rudel, a case involving two German residents.  While the Wife and daughter of the parties had temporarily moved to Florida for the minor child to attend school, the Wife filed a petition for divorce and another for an injunction against domestic violence.  The Fourth District upheld the lower court’s dismissal of the petition for dissolution, in that the Wife lacked any intent to remain or actual residence in the state.  However,  in reviewing the petition for an injunction, the Fourth District determined that the Wife had in fact stated sufficient facts to justify entry of an injunction, and no contrary evidence was presented by the Husband.  The Fourth District, as such, reversed the lower court’s credibility determination and remanded for a new hearing on the petition for injunction.

Restriction on Toy Guns Reversed by Fourth DCA

The Fourth District Court of Appeal ruled today in Ingram v. Ingram, reversing as to a single issue raised.  Referencing an “unfortunate experience” with a BB gun while on a visit with his father, the Fourth District upheld a restriction on BB guns, paintball guns, or actual firearms during timesharing.  However, in the lack of any evidence supporting such a ruling, the 4th reversed the prohibition on the child possessing any toy gun as well.

3d DCA Watch -- It's Equitable Estoppel Time, Khaleesi!

The bunker denizens have spoken thusly, and their words shall emanate widely unto the Kingdom of Winterfell South Florida:

Rubio v. Archdiocese:

Judge Logue holds that equitable estoppel does not overcome the statute of limitations in an alleged priest sexual abuse case:

We conclude that equitable estoppel does not apply in this case because Rubio has not alleged any facts indicating the Archdiocese caused or induced him to refrain from filing suit within the limitations period.

The Judge adds a "hold-your-nose" postcript:

In upholding the dismissal of the complaint in this case because of the delay of several decades in filing the claim, we are mindful that society benefits when survivors of child sexual abuse come forward and bear witness to what they were forced to endure as children. We certainly do not intend to discredit the courage of these survivors who break the silence that shielded their abusers. We hold only that Rubio’s lawsuit for money damages cannot be filed so long after the alleged injury was inflicted.

Camperos v. Estrella:

Oh God.

How many times does the 3d need to tell trial judges to do a full Kinney analysis on a forum non conveniens motion?

Don't these judges read our stupid blog?

"Take a Deep Breath. Tell Me What the Issue Is."

It seems premature to write too much about the Lewis Tein state court hearing as it is still ongoing and Calli has yet to present his case, but here's what has been reported so far:

Jay Weaver reports on Mike Tein's testimony:

At Tuesday’s hearing, the judge asked Tein how he could “account” for his former clients’ testimony the day before that they didn’t “remember any of those conversations” about legal bills with him.

“I was sad to hear that,” Tein told the judge, then suggested that his former clients were under pressure from the Miccosukee Tribe because of the high stakes of the litigation.

Tein also testified that after Billie testified Monday, she hugged him and told him that she loved him and she was sorry. Tein also said that he told her that he loved her.

“I forgive her for what she did’’ Monday. Tein testified. “I don’t think she was herself.”

 Meanwhile, the DBR picked up a slightly different angle, but the story is inexplicably not online.

Finally, here's an anecdote from LKLSG(!) managing partner Jeff Schneiner about how he helped an associate manage stress:

Case in point: Lawyer Jeff Schneider, managing partner of Levine Kellogg Lehman Schneider & Grossman in Miami, was clacking away on the keyboard one day when an associate walked in. “I’m dying,” the young lawyer declared. “Deadlines are piling up on me.”

Read more here: http://www.miamiherald.com/2013/04/16/3347863/overwhelmed-at-work-be-smart-when.html#storylink=cpy

“Take a deep breath,” Schneider replied, “Tell me what the issue is.”

The associate explained that two cases had exploded at the same time and work was piling up. Schneider suggested bringing in another lawyer for support.

It’s a familiar scenario, Schneider said.

Most bosses prefer that conversation, he said to the alternatives — missed deadlines, mistakes or health issues. In the past, he has worked in environments where people fear speaking up or asking for help. “Usually, they lose it and quit.”

Nice job Jeff, especially the "deep breath" line -- Scott Rogers' mindfulness training is starting to make a difference!

Read more here: http://www.miamiherald.com/2013/04/16/3347863_p2/overwhelmed-at-work-be-smart-when.html#storylink=cpy

Read more here: http://www.miamiherald.com/2013/04/16/3347079/miccosukee-tribe-member-testifies.html#storylink=misearch#storylink=cpy

Lake Worth Attorney Gone Walkabout?

 
He took only khaki shorts, a sleeping bag, a lantern -- oh yeah, and possibly $6 million in client funds:

McCabe’s Lake Worth firm, which does foreclosure defense and other real estate-related work, is also allegedly missing millions of dollars from client escrow accounts and company coffers.

McCabe, 55, of Boca Raton, was reported missing April 5 by his wife. The Palm Beach County Sheriff’s Office, Boca Raton Police Department and the Florida Bar are also investigating the disappearance.

The good news is Avvo still gives him a 6.5 (good) rating!

Happy Monday -- It's Tax Day!

Hi everyone -- hopefully you already filed your extension?

In other news, Lewis Tein sanctions hearing today:

On Friday, Lewis and Tein said in a court filing that their firm “is sincerely sorry’’ for misunderstanding an earlier order from the judge, and wrote that his “concern with the ‘source of funds’ to pay their fees never registered’’ with them.

“Through all the difficulties associated with this hotly contested matter … Lewis Tein did not make a false statement to the court, and did not violate their obligation of candor to the court,” the law partners’ attorney, Paul Calli, wrote in the filing.

Finally, here's a deeply affecting story from an FIU journalism professor that really makes clear what people are going through in these economic hard times.

And how was your weekend?

 more here: http://www.miamiherald.com/2013/04/14/3343974/prominent-miami-lawyers-face-perjury.html#storylink=cpy

Judge Pryor Goes Full Carnes!

Not one to let Judge Carnes get all the good pop-cultural references, Judge Pryor pulls off an on-point Dukes of Hazzard reference:

When Dustin Myers and Kelley Bowman ended their engagement to be married, Dustin attempted to retrieve the diamond ring he had given Kelley and other personal property, but that attempt prompted allegations that Dustin had stolen Kelley’s dog, followed by a police chase on rural roadways and a brief arrest of Dustin and his father, Rodney Myers. The end of the police chase, which resembles a scene from a rerun of the 1980s television show, The Dukes of Hazzard, fittingly was captured on a video camera on the dashboard of a police car.

What, no extended footnote explaining where the show was filmed and how long it was on the air?

BTW, in the police chase which officer was Deputy Cletus?

FSC Applies Concepcion to Class Action Waivers!

State's rights fans despair!

The Florida Supreme Court has just applied Carlos Concepcion to kill voiding class action waivers as against Florida public policy:

In light of the United States Supreme Court’s recent decision in Concepcion, we conclude that the FAA preempts invalidating the class action waiver in this case on the basis of the waiver being void as against public policy. Accordingly, we quash the Fourth District’s decision below and decline to answer the certified question as it is now moot.

Will the US Supreme Court employ the same reasoning on Prop 8?

3d DCA Watch -- Bunker Declares Joel Perwin Day!

Let's just lay out the cold hard facts:

Only two opinions issued today.

Both opinions are civil.

Both opinions have Joel Perwin representing the appellant.

Both opinions reverse in favor of the appellant.

'Nuff said!

Jones Day to Invade Miami!

So the Intrepid One™ again breaks news:

Longtime Greenberg Traurig shareholder Enrique "Rick" Martin has quit, and sources say he has been tapped to open a Miami office for international law firm Jones Day.

Cleveland-based Jones Day has 2,500 lawyers spanning five continents but has been unable to break into the Miami market until now.

Martin did not return calls for comment, but Greenberg Traurig confirmed he resigned.

"We wish him well in this new phase of his career," a firm spokeswoman said.

 The question is can the Miami market support heavy-duty, DC uber-rates:

Sharp said Jones Day and other international law firms coming to Miami will succeed only if they give rate flexibility to the lawyers based here.

 What's the problem -- $850 an hour is plenty flexible.

Good luck Rick!

Only Tuesday??? Let's kick it up a little

Kirk Wagar to Singapore!

 How cool is this and totally deserved and couldn't happen to a nicer mensch:

Now we’re hearing that Miami trial lawyer Kirk Wagar, who raised more than $1 million for Obama’s reelection effort, is the leading candidate to be ambassador to Singapore.

The Canadian-born Wagar, a citizen since 2004, is an Obama pal who became one of his earliest supporters and headed his fundraising effort in Florida in 2008. How close a pal? Close enough to be invited to the first Obama White House state dinner in 2009 for Indian Prime Minister Manmohan Singh.

Wagar — an irrepressible, in-your-face, former rugby player — has also been on the advisory board of the Ex-Im Bank, a post that might be useful if he’s working on Trans-Pacific Partnership trade agreement matters.

Come on, everything the guy does is useful -- Mr. President, let's make this happen!

This Happened.

Sorry, it's a slow news day.

Tipsters, help me out here.

Ode To Rumpole

N.B.: I agree with you, Horace. But still...

Guess Who Just Got Affirmed? Hint: IT'S AMAZING!!!!

Somebody dressed head to toe in garnet and gold is toe-tapping in Tally today:

After reviewing the record, we conclude that the Plaintiffs’ claims that we address fail as a matter of law because the Plaintiffs have either failed to prove that their expenses were reasonable and necessary or failed to prove their damages altogether.

And so it ends as it began -- with a leaky yacht.

Have a great weekend!

Tom Equels is a Papal Knight of St. Gregory!

 
How cool is that?

Also he is helping Mother Teresa's nuns to continue serving the homeless despite the City of Miami's recent interference:

After the City of Miami issued a violation to the Missionaries of Charity for “operating a business without a license,” a lawyer providing legal support said he is confident the city will withdraw the notice.

“The city has full knowledge” of the sisters' work and has given them “numerous approvals over the years,” attorney Tom Equels told CNA April 4.

“Sometimes they forget so I’m going to do my best to remind them.”

On March 20, inspector Cornellius Pierre of the City of Miami issued a notice of violation to the “Missionaries of Charity, Inc.” for “failure to obtain a valid certificate of use for the type of business being conducted.”

The notice stated that if the “violation” was not corrected by April 1, the sisters would face fines of up to $100 a day for each day the “violation” went uncorrected.

“It’s hard to say what the equivalent is, but picking on these humble nuns is a mistake,” he said.

The Missionaries of Charity have been ministering to the area’s poorest of the poor since 1980 when Mother Teresa established a branch of her community in Miami, Fla.

 Now this is a case where Tom literally is on the side of the angels.

 (More on the neat outfits Tom gets to wear here.)

New Alimony Law Passes Senate

After a third reading in the Florida Senate yesterday, CS/CS/SB 718, innocuously titled “Family Law”, was approved by that body with a vote of 29 yeas to 11 nays, and is now on its way to the House Clerk for a first reading and committee assignment.  The most recently amended version of the bill text is available here.  In very brief, the bill would:

• change equitable distribution to require the use of a coverture fraction for division of marital appreciation on pre-marital assets;
• permit security and interest for installment payments for equitable distribution;
• change the length of a “long-term” marriage for alimony purposes to 20 years;
• change a “short-term” marriage to one of 11 years in length or less;
• require the Court to prioritize bridge-the-gap alimony, followed by rehabilitative alimony, over any other form;
• require written findings for combined alimony awards;
• place a burden of proof on the party seeking alimony to show need as a first matter, then determine ability to pay, then employ the traditional alimony factors;
• eliminates from alimony consideration non-marital assets not relied on by the parties during the marriage;
• create a presumption that everyone’s standard of living will decrease after a divorce;
• limit security for alimony awards;
• limit the length of time for durational alimony awards;
• set higher burdens to overcome the presumption against alimony for short-term marriages;
• detail the manner in which the presumption in favor of permanent alimony for long-term marriages may be overcome;
• bar alimony from being awarded to a party with the higher income;
• bar imputation of social security benefits against the obligor based on a social security retirement benefits letter;
• if the obligor is unemployed at the time of the Petition for more than a year but less than two automatically impute them 80% of their former salary;
• If unemployed for more than 2 years but less than 3, 70% income would be imputed;
• if more than 3 but less than 4, 60% income is imputed;
• if 4-5, then 50% income is imputed, and if more than 5 years, then 40% or minimum wage, whichever is greater;
• add a presumption that equal timesharing is in the best interests of the child unless the court finds either detriment or clear and convincing evidence of extenuating circumstances;
• Denies anyone the right to modify timesharing based on that on any final custody order entered before July 1, 2013;
• Allows for upward modification of alimony if needs are not met at time of dissolution based on clear and convincing evidence which must include federal tax returns, and limits any finding of permanence in an obligor’s income to at least 2 years in length before a modification can be granted;
• Requires termination with a supportive relationship unless clear and convincing evidence shows alimony is still needed;
• Creates a rebuttable presumption that modification or termination of alimony is retroactive to the date of filing, and if the oblige unnecessarily or unreasonably fights the termination, the court may award the obligor his fees under 61.16;
• Bars modification of alimony based on modification of child support payments;
• Bars modification of alimony based on remarriage or cohabitation of obligor and makes successor spouse income irrelevant;
• Makes retirement a substantial change as a matter of law at a reasonable age with no intent to return to work;
• Permits an anticipatory petition for termination of alimony effective upon the retirement date;
• After a year requires the court to divorce the parties unless there will be irreparable harm and rule on the rest later; and
• Makes many other changes to the current laws on dissolution of marriage.

Magistrate Judge Torres Cites Groucho!

This sanctions opinion, post-remand by the 11th Circuit, is an enervating read but not because the Magistrate Judge did a poor job with it.

To the contrary, the opinion shows restraint, judgment, and discretion.

Here's the concluding passage:

The case is the quintessential example of what the consequences are for abusing our litigation system. The genesis of this litigation was a political dispute; the intentions behind each filing lacked even a modicum of good faith and it was driven and exacerbated by negative emotions stemming from that dispute, which was then compounded by bad lawyering.

Even worse, the actual legal issues were simple and provable as a matter of law and fact very early on in the proceedings. The necessary discovery and dispositive motion practice should have been straightforward and, if utilized, would have secured Lewis a quick and positive result. What transpired, however, is quite the opposite. This lawsuit has dragged on for over seven years, generated excessive sanction motions, numerous hearings, dispostive motions, a jury trial, post-trial motions, attorney’s fees motions, and appeals ... all over the illusory residency and unremarkable credit report of one Christopher Peer.

Props to Judge Torres for his stylish Groucho quotation at footnote 10:  politics can be summarized as "the art of looking for trouble, finding it everywhere, diagnosing it incorrectly, and applying the wrong remedies."

True 'dat!

Spencer Aronfeld: Live from the Mountaintop!

Check out the perspective of the viewer in this Spence clip on slip and falls:

That's useful and accurate information btw.

But it does seem as if he is slightly elevated -- it reminds me of that classic bit from Andy Kaufman, making fun of how hosts like David Letterman have their chairs and desks way above those of their guests:

3d DCA Watch -- I've Got Those Bunker Dweller Evidentiary Blues.

I think the bunker dwellers may have emerged briefly from the darkness for their annual "sun" day (hey, vitamin D is important!), as there was only one opinion of note on the civil side:

Gutierrez v. Rubio:

Judge for yourself whether this is or is not a conflict:

This matter arises out of the plaintiffs’ lawsuit against Rubio for breach of contract. In 2010, the plaintiffs engaged attorney Wolfe and his firm to file suit against Rubio in state court, alleging she breached a contract for an entertainment appearance in 2010. In September 2012, Rubio hired Felipe Restrepo (“Restrepo”) as her personal assistant. She fired him less than two months later, in October 2012. Restrepo then hired Wolfe to represent him in an unrelated claim against Rubio in federal court.

Court says where there are conflicting affidavits you have to conduct an evidentiary hearing to resolve the conflicts:

Here, no testimony was presented, only affidavits, and those affidavits disagree on such material issues as whether Restrepo had access to and did obtain any proprietary information, whether such information was passed on to Wolfe, and if so, whether that information gave Wolfe an unfair tactical advantage in the litigation between the plaintiffs and Rubio. As such, the trial court departed from the essential requirements of law by considering solely the conflicting affidavits and by not conducting an evidentiary hearing to resolve the conflicting factual issues.

That seems pretty fundamental, don't you think?

Are You Sick of the Same Old My Cousin Vinny References? Go Deeper!

It is common currency for lawyers of a certain age to reference various scenes from My Cousin Vinny, and with good reason, but sometimes it can get a little old.

(Lawyers of an older generation do the same thing with the Godfather trilogy.)

So next time you are stuck in an elevator at 73 West Flagler and you hear "I-dentical" or "it's called discovery" banter from lawyers coming out a hearing, impress them with something deeper -- mention Joe Pesci's second album, Vincent Laguardia Gambini Sings Just for You, and in particular the epic hit of 1998: Yo Cousin Vinny.

That should leave them speechless.

Boy, Did This Lawyer Get Screwed.

The 11th's approach to this issue seems problematic.

Happy All Fools Day -- Mandatory E-Filing Begins!

In a near-perfect case of serendipitous timing, mandatory e-filing in all Florida state court civil cases begins today:

On April 1, Florida lawyers are required to electronically file all documents relating to civil cases. The question of how smooth the transition is to e-filing may depend on how well lawyers are prepared.

The Florida Courts E-Filing Authority Board, at a March 12 meeting, reviewed its plans and preparations for April 1, the date the Supreme Court has set for all civil filings in trial courts to be done electronically.

The filing is done through a statewide Internet portal overseen by the authority.

Come on, I am sure the FCEFAB will make sure everything goes smoothly.

I mean, what could go wrong?