WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Monday, August 20, 2012

JUDGE STANTON KAPLAN

Broward Judge Stanton Kaplan, a fixture on the Broward Bench since 1966 has passed away at age 76, 
The Sun Sentinel Obituary is here. The JAA Broward blog coverage is here. 
Judge Kaplan retired in 2008 and his son Michael was elected to the circuit bench in Broward in 2002. 

LOSE, FEES, LOSE, FEE, ARBITRATE-LOSE, FEES, APPEAL-LOSE, FEES:
This California Appellate Report blog reports on a whopper of a case. Lawyer gets hired, files suit and loses. Clients hire new lawyer and win on appeal. Lawyer sues for his original attorneys fees and wins but jury finds equal amount for fraud so it zeros out. BUT- clients appeal and win 250K in attorneys fees. Lawyer sues HIS lawyer who counterclaims for....you guessed it- unpaid fees. 
JAMS does the arbitration and awards each side zero, but the lawyers move for....you guessed it-attorneys fees and get....you guessed it- 250K! So lawyer appeals and loses and gets hit with....you guessed it- more attorneys fees. 

So lets summarize: lawyer loses case but clients win on appeal with new lawyers. But lawyer is greedy and sues clients for $44,000.00 and ends up losing over $500,000.00 in attorneys fees paid to attorneys for his original clients and his own attorneys and that does not include the latest award from the court of appeals. 
Talk about wishing you never took the case in the first place. 

Two weeks down in August; two weeks to go. 
See You In Court. 

21 comments:

Anonymous said...

Somebody should have hired the Q....

BTW..first of the week!

Anonymous said...

Judge Kaplan have a client of mine that i walked on a DUI 60 days for not wearing his glasses....only in Broward. But other than that, i liked trying the case before him. RIP

Anonymous said...

Kaplan was like Art Snyder. Could be rather helpful if he felt for the defendant but, God help you if he thought your client lied about even a small thing.

May he rest in peace.

Secret Judge said...

Cisco kid has my total respect.

Anonymous said...

Calling the shumie!!

Anonymous said...

I am responding to the comment below - I hope now people are beginning to see the true Hirsch. His dishonesty is now starting to be seen. As mentioned below, he plays dumb each and every time he does something unethical or dishonest. This is who he really is. He has everyone fooled.

Anonymous said...
Judge Hirsch once AGAIN attempted to change the bond set by a judicial COLLEAGUE where he had absolutely no legal authority to do so; he plays dumb every single time he does this and everytime his colleagues reverse his decision, and despite caselaw directly on point and to the contrary; it is getting annoying....we really need to work on making Miami Dade a place where people are proud to live - not embarrassed by the intellectual dishonesty in some of our judiciary.

Sunday, August 19, 2012 7:48:00 PM

Anonymous said...

Great in trial, terrible during calendar call

CAPTAIN said...


THE CAPTAIN REPORTS:

BREAKING NEWS .....

RYAN TANNEYHILL has been names the Miami Dolphins starting QB.

In other breaking news, the Dolphins have announced that they are bringing in two more wide receivers named Clayton and Duper for a tryout because, according to G< Jeff Ireland, the group of jokers in camp now are all fours, fives, and sixes.

Cap Out ....

Anonymous said...

2:17-a bit early for the Shumie on a Monday. But now, at 4:20 I second that Shumie. Drink em if you got em and they're cold.

Anonymous said...

Kaplan was a miserable old man in the end and a disgrace to the bench. I had a client charged with Burglary for breaking into a detached garage and running out before stealing anything. Client was 20 with no priors, full time student at BCC. State and I agreed to a Y.O. plea with probation and about $50 restitution for a broken window. Kaplan wouldn't accept the plea and demanded an open plea to the court. Denied the Y.O. then then sentenced him to 2 years prison followed by 5 years probation.

Both the State and I stated that the sentence was excessive, but he couldn't care less and moved onto the next case like he had a lunch date. In the end, if you were a minority or from Miami, you were pretty much screwed in front of him.

Anonymous said...

2:17 and 4:20
One and the same poster. Pathetic.

Give it a rest, would you? How about ... forever?

WWII Guru said...

Rump- what can you tell us about Gen Lloyd Fredendall's command in North Africa in WWII? Any view on the controversy?

Anonymous said...

2:42 can't be a lawyer. Probably some disgruntled nut who didn't get his way. The division judge always has authority to reexamine bonds set by the duty bond hearing judge. It's right in the rule. Plain English

Anonymous said...

cisco takes a dim view toward people who enter another man's home without consent, garage or no garage...

cisco is fast with the 6 gun.





Anonymous said...

Monday, August 20, 2012 8:35:00 PM -
I am an attorney who knows Hirsch better than anyone and, apparently I am not alone. I was just agreeing with what Sunday, August 19, 2012 7:48:00 PM said.

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Rumpole said...

WWII Guru. General Fredenhall was the Commander of II Corps in the North African campaign, the first time US army faced the German army in the field. Fredenhall was probably a physical coward, who spent a large amount of time building an Hq into a mountain side. On Valentines day 1942 Rommel attacked through the Kasserine pass. Ike wanted a swift counter attack but Fredenhall paused allowing Rommel to withhdraw when his supply line, though the pass, was jeooardized. Ike went to the front and heard from all his generals that Fredenhall was a failure.Anderson, the British general simply told him : "I'm sure you have better". Ike relieved Fredenhall and promotted Patton. Fredenhall went home to a heros welcome and was promoted but never had a battle field command again.

The battle of the Kasserine was a defeat. But the Americans learned many valuable lessons and reorganized their command structure, quickly counter attacked and drove the German army off the African continent. Ike knew the army needed to be bloodied- to fight a battle and gain experience. The US army came out of the battle believing the German army was not invincible. Out of a small loss came some big gains.

Old Ironsides said...

Kaplan was a curmudgeon. His calendar calls were a disaster, especially if you were from Dade Get to the back of the bus, boy).

Anonymous said...

As the Africa campaign wound down, Ike removed Patton and gave command to Omar Bradley so Patton could concentrate on the invasion of Scicly.
When Ike removed Fredenhall and Patton took over, Rommel had left Africa because he was ill. The Africa campaign was controversial because the Russians were begging for a second front in France to relieve them.

My two cents is that the experience gained made the invasion worth it, but it was very controversial. And don't forget the poblems with the Vichy French which bedeviled Ike and put him at odds with Churchill and the British who wanted only DeGaulle and no Vichy to be in charge of French Africa.

Anonymous said...

I've spoken out many times against the personal attacks that fill these blog pages, but I have to say that you, 451, and others like you who bash the dead, particularly when their families are in mourning, are far more miserable than those you criticize.

BTDT

Anonymous said...

8:35 PM - Did you flunk reading comprehension? Hirsch was not the division judge on the case in which he screwed with Judge Rebull's bond. He was covering for Judge Rebull one morning and the defense attorney put the case on and asked HIrsch to revisit the bond Rebull set in Rebull's own courtroom with a defendant that Hirsch had nothing to do with. Read the rule again fool. That is against the rule and appellate case law.