3d DCA Watch -- Belief and Technique for Modern Prose Edition.

Hey hey hey, wasn't it Jack Kerouac who advised aspiring writers to "struggle to sketch the flow that already exists intact in mind."

That's not easy when you're dealing with statutes and case law.

But today is Bunker Time™, so let's get deep, intimate and personal and meld some minds with the Robed Ones:

Western Hay v. Lauren Financial:

Hmm, opinion withdrawal syndrome:

We deny appellant’s motion for rehearing and certification; however, we withdraw our opinion issued on May 4, 2011, and substitute the following in its place.

Oh boy, this is going to be good!

Let's get some popcorn and read on:

The final judgment under review is summarily affirmed.

That's it???

Dear 3d DCA:  you just harshed my meld.

Gemini Investors v. Nunez:

Some good news for Kimberly Boldt:

Accordingly, because plaintiffs were misled regarding facts material to the transaction known by defendants due to superior knowledge, which defendants concealed, the complaint sufficiently pled claims for fraudulent misrepresentation and securities act violations, and the trial court erred in dismissing these claims. We, therefore, reverse the order dismissing plaintiffs’ claims for fraudulent inducement and violation of the securities acts, and remand for further proceedings in accordance with this opinion.

I think the lesson learned here is:  always plead the elements.

(Wasn't that Jack's 31st rule?)

Ok Ok Let's Talk Alters!

The Intrepid One™ has more details on the latest installment of the continuing Jeremy Alters saga:

"In summary, there was no evidence that Alters is causing or has caused great harm to anyone," Miami-Dade Circuit Judge Marcia B. Caballero said in an order issued late Friday. "It is unlikely that The Bar will be able to prove at a plenary hearing that Alters misappropriated trust funds or that he authorized any improper transfers by clear and convincing evidence."

Miami attorney Andrew Berman, who represents Alters, said he was "elated" with the ruling.

"My client feels vindicated, but at the same time we both recognize this is the first step in the process," Berman said.

Nice win there, Mr. Berman.

A few points of interest:

*   In his testimony, Rogow revealed he provided a $2.2 million loan to Alters "on a handshake."

*    Alters and Kimberly Boldt don't share the same recollection of what happened to the trust accounts.

*   Alters got very ill and was hospitalized numerous times because he "believed he was poisoned."

*   Alters was able to raise $13 million by offering co-counsel arrangements on his class action cases.

*   Alters is purer than Ivory soap.

Hey, that's what it says!

SFL Friday -- Jeremy Alters Cleans House.

Well kids, it's beginning to feel like the holidays -- I just set a depo in March(!), so apparently no one plans to work for at least the next six weeks minimum.

What else?

Paul Brinkmann, writing behind the SFBJ firewall, has a great piece on all the departures, defections, lawsuits, and other rumors swirling around recent changes at Jeremy Alters' firm.  Here's a choice tidbit:

Alters acknowledged that moving the firm into heavy-duty, national class actions meant a longer-term payoff, but he predicted large fees from the eventual settlement of the cases, especially Chinese drywall litigation.

Neither Boldt nor Culmo returned phone messages and e-mails about their issues with Alters.

Not discussed -- who keeps all those fakakta surfboards?

But seriously, we wish all involved good luck and much success.

In other news men should do more chores, here's a liberating way to improve voter turnout, and communication is apparently a form of foreplay?

Oy veh -- have a great weekend!