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!