3d DCA Watch -- The Seven Percent Solution Edition

Yes, yes and yes -- it's Wednesday!

Assembled masses, we are joined together on this sacred day in mutual love and respect for our beneficent judicial overlords, who weekly speak to us in hushed tones, muted phrases, and furtive glances, employing that oldest and simplest means of lawyer seduction -- free coffee.

Yes kids, the concrete bunker by the highway has been ceremoniously opened, the written utterances have emerged and are slowly wafting across a spellbound legal community, while the resplendently robed ones prepare their recession back into the judicial ether, to reappear next week on this exalted day and time or perhaps before then at Bagel Emporium or maybe Two Chefs, depending on availability.

Ok, was that too much?

But before we get to those juicy opinions, I see that ATL has confirmed the pay cuts we have been hearing about for a while at H&K:

Like many other firms, Holland & Knight is reducing the base salaries of its associates, with limited exceptions. The associate salary reductions range from zero to ten percent. In addition, the firm is reducing the base salaries of some senior counsel/professionals.

The total reductions approximate 7%.

Ouch -- seven percent. So we dedicate this week's 3d DCA Watch to all you valiant H&K seven-percenters, still employed, who are hunkering down and hoping for the best -- keep those billables coming!

And remember -- fear is a tremendous motivator.

On we go.....

United Auto v. Metro Injury:

What would the state court system do without United Auto?

Day after day, week after week, lawyers show up in county or sometimes circuit court to argue United Auto matters, which then lead to rulings, which are then sometimes appealed.

In this one -- yet again -- the 11th Circuit acting in its appellate capacity ruled against United Auto and was reversed by the 3d:

United Auto claims, on this second-tier petition for writ of certiorari, that
the circuit court departed from clearly established law by refusing to follow United
Automobile Insurance Co. v. Bermudez, 980 So. 2d 1213 (Fla. 3d DCA 2008), and
instead applied incorrectly rules of statutory construction to interpret the meaning
of the term, “valid report” under section 627.736(7)(a). Metro argues that the
holding in Bermudez does not apply to the facts before us, and, therefore, the
circuit court applied the correct law. We agree with United Auto and follow our
holding in Bermudez, wherein we interpreted the meaning of “valid report” under
section 627.736(7)(a).

3d DCA clerks, just right-click and save this opinion to your C drive, I have a feeling you'll be able to use it again real soon.

Strategic Empowerment v. South Dade Realty:

Hmm -- Shepherd, Salter and Schwartz.

That grouping has a nice ring. Where have I heard that before?

Abraham, Martin, and John.

Beck, Bogert, and Appice.

Shepherd, Salter and Schwartz.

Boy do those guys know how to rock!

Still, this is not their best work -- the first album was much better.