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Thursday, May 28, 2009

THIS IS WHAT AN OPINION SHOULD BE

UPDATE:   BANNED IN BROWARD!!!!

The Broward Blog reports here that their blog, our humble little blog, and even the staid and stuffy Federal Blog run by our favourite federal blogger, David O Markus with a K has been BANNED in the Broward County Courthouse law library computers. Our sites have been blocked. 

Why the nerve of those cretins.....



Concise. To the Point.  Strict constructionist. Recognizing that emotionally the Plaintiffs are damaged, but following the letter of the law, which did not allow them to collect.  

Justice Scalia take note: 
Judge Gillis is at work.

The Justice Building Blog proudly presents to you 

Fisher v. Lowe,  333 N.W 2nd 67 (Mich. App. 1983) ( West Headnotes included)


A wayward Chevy struck a tree
Whose owner sued defendants three.
He sued car's owner, driver, too,
And insurer for what was due
For his oak tree that now may bear
A lasting need for tender care.
The Oakland County Circuit Court,
John N. O'Brian, J., set forth
The judgment that defendants sought,
And quickly an appeal was brought.
Court of Appeals, J. H. Gillis, J.,
Gave thought and then had this to say:
1) There is no liability,
Since No-Fault grants immunity,
2) No jurisdiction can be found
Where process service is unsound;
And thus the judgment, as it's termed
Is due to be, and is
Affirmed.

[1] AUTOMOBILES k251.13
Defendant's Chevy struck a tree,
There was no liability.
The No-Fault Act comes into play,
As owner and the driver say.
Barred by the act's immunity,
No suit in tort will aid the tree.
Although the oak's in disarray,
No court can make defendants pay.

[2] PROCESS k4
No jurisdiction could be found,
Where process service is unsound.
In personam jurisdiction
Was not even legal fiction
Where plaintiff failed to well comply
With rules of court that did apply.

* * *

J. H. GILLIS, Judge.

We thought that we would never see
A suit to compensate a tree.
A suit whose claim in tort is prest,
Upon a mangled tree's behest;
A tree whose battered trunk was prest
Against a Chevy's crumpled crest;
A tree that faces each new day
With bark and limb in disarray;
A tree that may forever bear
A lasting need for tender care.
Flora lovers though we three,
We must affirm the court's decree.

Affirmed.


14 comments:

Anonymous said...

Rump: Requesting new poll.
Father Alberto's bachelor party will be held at:
A. Tootsies
B. The Cheetah
C. Pure Platinum
D. Solid Gold.

Anonymous said...

ATTENTION - all those seeking a U.S. District Court Judgeship?

There are only four applicants for this position. This is going to be the fewest applicants ever for a vacant seat. If you ever thought about a great job which lasts a lifetime, apply ASAP. Don't let this spot go to a candidate who is a mediocre circuit or county judge or lawyer...

CAPTAIN said...

THE CAPTAIN REPORTS:

NORTH OF THE BORDER .....

It's official. APD Sandra "Sandy" Perlman is the first official candidate for Circuit Court in Broward County.

Ms. Perlman has filed to run in Group 51. That seat is currently occupied by Judge Cheryl Aleman.

Judge Aleman has not yet filed but is expected to do so. Judge Aleman, rarely out of the news, was elected for the first time in 2004 when she beat out attorney (and one time Dade APD) Robert Malove.

Captain Out ......

CAPTAIN said...
This comment has been removed by the author.
CAPTAIN said...

THE CAPTAIN REPORTS:

It should be quiet in the building next week as many of the judges will be attending the Advanced Judicial Seminar (AJS) somewhere over on the west coast of Florida (at a place called Sanibel).

Cap Out ...

Anonymous said...

which 4 applied?

Anonymous said...

None of the above. Scarlett's.

South Florida Lawyers said...

Hey, they banned me too! (except in my case, it may be deserved)...

Anonymous said...

Did you see what Judge Camacho did? He made an award of more than $1billion dollars against the Cuban government.

I can see the campaign signs now -- "Vote for Judge Camacho -- a fellow Cuban here to protect you from the tyranny of Castro"

He is Cuban, right? Yeah, whatever.

CAPTAIN said...

Illinois federal judges grouse about lawyer attire in the courtroom

When U.S. District Court Judge Joan Lefkow mentioned during a judges' panel discussion at the Seventh Circuit Bar Association meeting this week that she thought some women attorneys should pay more attention to dressing appropriately for court, she probably didn't know the floodgates she would open.

Lefkow, who sits in the Northern District of Illinois in Chicago, had an issue with one woman who had shown up for a court hearing in attire that looked as though she had stopped in "on her way home from the gym," the judge told a conference room full of judges and lawyers gathered for a general discussion with federal judges from Illinois. Noting that there weren't many women in the audience to hear her message, Lefkow suggested that lawyers address the "delicate issue" with female colleagues at their firms.

As it turned out, one of the male judges on the dais with her, and the male lawyers in the audience at the Indianapolis meeting, had plenty to say right away about the issue. It had been bothering them, too, perhaps in a slightly different way.

Women come into court wearing "skirts so short that there's no way they can sit down and blouses so short there's no way the judges wouldn't look," said Judge Michael McCuskey, chief judge of the U.S. District Court for the Central District of Illinois and a panel member.

Read the entire article here:

http://www.law.com/jsp/
nlj/PubArticleNLJ.jsp?id=1202430862251&Illinois_federal_judges_
grouse_about_lawyer_attire_
in_the_courtroom

Anonymous said...

10:29 -- Who is Father Alberto's squeeze?

Anonymous said...

Alberto's bacehlor party will be at the Pink Pussycat!

Anonymous said...

cheetahs is closed busted druhs & prostition

Anonymous said...

Judge Alan Schwartz is a pathetic joke. He should not be permitted to hear cases on a trial level and then go to the 3rd DCA and hear appeals. The man has plenty of money, he gets a fat retirement check and got a load of money from the drop program. He should go to a farm and graze.