3d DCA Watch -- Can You Smell What the Bunker is Cooking?

Who's excited The Rock is coming home to beat up on puny John Cena when Wrestlemania returns to South Florida on April 1st?

[crickets].....

No one?

Sheesh, where are all my lawyer wrestling fans?

Ok, let's talk something really exciting -- Judge Peter Adrien!

wha wha wha....

Roll tape:

FHLMC v. De Souza:

This is an appeal of a Judge Adrien order.

Need I continue?

Apartment Investment v. Flamingo/South Beach 1 Condo:

Oy veh -- nothing worse than a condominium parking dispute.

In its complaint, the Association alleged that AIMCO was improperly charging the Association’s condominium residents and their “permittees” for parking. The Association claimed this violated the Agreement and deprived them of the full enjoyment of their property, depreciated the value of the individualproperties, and otherwise injured their personal and property rights. According to the Association, when a resident or “permittee” (usually a guest) obtains a parking pass from AIMCO, AIMCO does not determine whether South Tower’s allocated spaces are available, but instead charges the resident or guest and retains the fee. The Association further alleged that after it began to dispute these charges, AIMCO retaliated by selectively enforcing the policies governing issuance of parking permits, and began aggressively exercising its right to tow unauthorized vehicles owned by South Tower residents and their permittees.

Too bad so sad -- there's an arbitration agreement!

(Anyone remember John D. MacDonald's Condominium?)

Let's see how the Court ruled:

 Because the parties intended to exempt equitable claims from arbitration, and the complaint only seeks equitable relief, all of the claims may be resolved by the trial court without requiring resolution by arbitration.

Nice call by Judge Butchko!

Now back to something really important: