11th Circuit to Florida Supreme Court: Oy, What a Mess!

Here's a seemingly simple question that does not have a simple answer:

Does Florida’s PIP Statute, FLA. STAT. § 627.736, permits EUOs as a prerequisite to receiving PIP benefits?

Answer:  who the hail knows?  It's like New England weather -- if you don't like it, stick around it will surely change.

And this is the 11th Circuit's polite way of saying, hey it's Florida law we're talking about, situation normal all.....

Although we believe the Florida Supreme Court’s statements regarding EUOs in Custer are dicta and not binding, Florida law is far from clear.

You think?

You have Florida Supreme Court dicta, legislative history, contrary opinions from the same Appellate Division of the Eleventh Judicial Circuit Court, different intermediary appellate court decisions, and a partridge in a pear tree.

(Wait until you get a Florida offer of judgment case!)

Judge Pando Flap -- Does Case Hold Water?

The Herald led its Saturday (least read?) edition with a front-pager on Judge Pando.

In addition to the letter she wrote on behalf of a pain clinic that regularly appears before her, there are allegations regarding a Ponzi schemer trying to set up a meeting so she would put in a good word for him before his Broward sentencing judge:

Pando’s name surfaced repeatedly in a series of phone calls tape-recorded at the Broward County Jail between racketeer Arturo Godinez and his wife. A Broward jury found Godinez guilty of fraud and conspiracy on Oct. 31 in a case involving the sale of sometimes bogus cancer and AIDS drugs to unsuspecting pharmacies and consumers. The next day, Godinez held the first of several conversations about how to recruit influential leaders to advocate for his release. Pando was one of them.

Let's put the letter issue aside for a moment and focus on these allegations.

From what I can tell, Judge Pando did not agree to meet with Godinez, but apparently was considering it, according to his wife:

Judith Godinez told her husband in one recorded conversation that a meeting had been scheduled between Pando, Pando’s father, Esteban Bencomo — who is referred to throughout the conversations by his nickname, “Papito” — and someone they call only “El Leader.”

In one conversation, Judith Godinez told her husband that Pando was willing to meet with representatives of the couple — but wanted to control who was present. “She’s not going to be comfortable talking in front of me, because I wanted to be present,” Judith Godinez told her husband, though the “me” she was referring to may also have been a family friend named Martica. “Later, we’ll see what she says, how she can help.” 

That's it?

Maybe I'm jaded, but this seems pretty thin to me.

What am I missing here?

As regards the letter,  I don't think she is helped by this statement by the pain clinic's president:

Through a lawyer, former U.S. Attorney Atlee Wampler, Florida Wellness’ president, Cereceda, issued a short statement praising Pando: “I have the highest respect for Judge Pando,” he said. “I am a regular contributor to her election campaigns. I believe she has an excellent judicial temperament. I strongly support Judge Pando’s re-election.”

I bet he does.

d more here: http://www.miamiherald.com/2012/02/16/2649377_p3/dade-judge-tangled-up-in-probe.html#storylink=cpy

Read more here: http://www.miamiherald.com/2012/02/16/2649377/dade-judge-tangled-up-in-probe.html#storylink=misearch#storylink=cpy

What say you?

Read more here: http://www.miamiherald.com/2012/02/16/2649377/dade-judge-tangled-up-in-probe.html#storylink=misearch#storylink=cpy

Denzel Washington Now Offers PIP Coverage!

There's a lot a talk each legislative session about reforming Florida's PIP laws, but I say if blockbuster Hollywood legend Denzel Washington is now offering PIP coverage, we have to be doing something right:

That at all times, the Defendant Denzel Washington was in the State to provide business, including but not limited to personal injury protection (pip) coverage.

My suggestion to Ms. Miller is that she get a hold of one of Bismarck's relatives and really learn how to load up the allegations when she amends the complaint.

(You gotta pay attention to Iqbal, folks!)