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

Wednesday, August 29, 2012

NEW ORLEANS SOAKED

Isaac moved slowly over the gulf coast and New Orleans is flooded. Again. Because the large storm moved so slowly, many homeowners said that Isaac caused more damage than Katrina. 

The Republican convention in Tampa. *yawn*. There hasn't been a really good convention since the Republican 1980 convention when Reagan and Ford were negotiating in Michigan for a co-presidency "dream ticket."  That was a great convention to be a delegate at. 

Good News (except for our contentious reader "Angry Girl") A severe  low calorie diet does not lead to a longer life. 

George Zimmerman wins in the 5th DCA on his motion to disqualify the trial judge. Lesson: a judge should not encourage the prosecution to file additional charges:


Although many of the allegations in Zimmerman's motion, standing alone, do not meet the legal sufficiency test, and while this is admittedly a close call, upon careful review we find that the allegations, taken together, meet the threshold test of legal sufficiency. Accordingly, we direct the trial judge to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge.
PETITION GRANTED. 

GEORGE COSTANZA, J,  CONCURS:
The South Florida blogger ably covers the civil decisions of the 3rd DCA, and on Wednesday he specifically covered this decision on a foreclosure fifteen years in the making, and Judge Schwartz's reluctant concurrence. But he failed to report on the final line: "As someone – probably either St. Thomas More or George Costanza – must have said, the law is the law. Notwithstanding the distasteful consequences of applying it in this case, it must be served."

One thing you can say about George Costanza, he was master of his domain. He won a contest. And in another context, Judge Schwartz is clearly the master of his domain (the sharply, smartly worded concurrence/dissent). 

Labor day weekend coming up. August will soon be over, thankfully. 
See You In Court. 

25 comments:

CAPTAIN said...


Reprinted, with permission from The Captain.

THE CAPTAIN REPORTS:

Live, from Tampa, and the floor of the RNC .....

Getting reay to watch Gov. Tim Pawlenty. He will speak in about Twenty minutes. Was on the short list for VP. Then looking forward to the two films about Bush 41 and Bush 43.

The networks pick it up again at ten pm with headliners Condi Rice and then the VP nominee Paul Ryan. Let's see if he can bring it strong. He has to be very careful not to get bogged down in too many numbers. Can't get to technical or he will lose the TV audience.

All the talk though is who the mystery guest speaker will be for Thursday night. The bettors are putting their money on Tim Tebow. Although the Jets play the Eagles on Thursday evening, head coach Ryan has announced that Timmy will not suit up. But, I for one do not see Tebow speaking let alone not being on the sidelines cheering on his teammates.

Better choice is Nancy Reagan. She is 91 years old and it's a long trip from her home in Caliifornia, but a private jet supplied by billionaire Sheldon Adelson would make the trip that much easier.

Enjoy your Wednesday convention coverage.

Cap Out ....



Wednesday, August 29, 2012 9:13:00 PM

Anonymous said...

Clint Eastwood will be a special guest.

CAPTAIN said...


Condi Condi. Way too Stanford elite. Great message but delivery and choice of words not so good.

Anonymous said...

I built my shit yo

Anonymous said...

The only good thing about obama has been his fed court appointments. Apart from that he has been a failure.

Fake Alschuler said...

I believe that the invention of the snooze bar was arguably, one of the greatest inventions of the twentieth century.
It came in handy this morning, that's for sure.

Fake DS said...

Rumpole any respponse to the idea that the Earth is balencing itself ? Drought and seering heat in Spring and Summer quenched by Isaac's rains throughout the South & Midwest. Is it The Lord or Mother Nature ?

CAPTAIN said...


THE CAPTAIN REPORTS:

DATELINE TAMPA ..... (with a trivia question at the end)

Live from the home of the RNC, tonight is the night that we have all been waiting for.

Tonight, WILLARD "MITT" ROMNEY accepts the nomination of his party with the hope that he will become the 45th President of these United States.

Romney, the former Governor of Massachusetts, ran for the presdiency in 2008 and won several primaries. But he failed to garner enough primary delegates and John McCain went on to become the party's nominee.

But Williard, unlike his father George, made a second attempt. Back in 1968, George Romney, who was the Governor of Michigan, ran for the presidency as a Republican. He failed in his attempt and Richard Nixon went on to get the nomination of his party. When Nixon was elected President, he named George Romney Secretary of HUD. George Romney never made a second attempt to secure the nomination of his party.

Little known fact: If Romney is elected, at the age of 65, only two Presidents in history will have taken office older than he:

Name them ...

Cap Out .....

Anonymous said...

Condi v. Hilary in '16.

Anonymous said...

Easy answer Cap:

Ronald Reagan

Dwight Eisenhower

South Florida Lawyers said...

Good catch Rump!

Anonymous said...

Dale Cohen publicly reprimanded by Supreme Court.

CAPTAIN said...


THE CAPTAIN REPORTS:

TRIVIA QUESTION .....YOUR ANSWER IS WRONG

Dear 10:26 AM

Please don't use the term "easy answer" and then give me the WRONG answer.

Dwight David Eisenhower, our nation's 34th President, was 62 years old when he was inaugurated.

Please go to the back of the line.

In other breaking RNC news, it is being reported that, last night, Romney officials met with top donors aboard a 150-foot yacht that was flying the flag of - WAIT FOR IT - the Cayman Islands - the offshore tax haven that has served as a home for some of Romney's $200million-plus fortune. Slightly embarrassing, don't ya think.

Cap Out ....

Anonymous said...

I apologize. You are right. Forgot about old man William Henry Harrsion.

Anonymous said...

Not embarassing since you can only feel that way if you are truly in touch, and Romney has never been in touch. I think he is more out of it than Bush 43. Good thing for New Orleans Romney is not president now.

By the way his father was president of American Motors at one time. Think he ever drove a Gremlin?

The Pundit said...

William Henry Harrison is the second.

For your information, Bush 41 was just short of his 65th birthday when inagurated.

Rumpole said...

Well without googling it, and right off the top of my head: Ronald Wilson Reagan. I truly don't know the second president, but I'm guessing it's going to be someone like Harding, no- who's that guy who died like a month after taking office? Harrison? That seems like a good guess. I think I was thinking of Harrison when Harding's named popped into my head. If not him, then another president who died in office, like Taylor maybe or the first Adams? He was older. Hmm..tough one.

Rumpole said...

OK- the reason that looks so weird is that I first wrote my answer and then cleared the comments, and since the comments are time stamped, the earlier ones will be placed ahead of mine. Congrats to those who got Harrison, especially if you didn't google it. I truly did not know the answer but that was as good a guess as any.

Anonymous said...

4:20 Rump and friends. Any objection to calling the shumie, heading to the marina, drinking some cool ones on my sail boat, watching the sunset, and then taking tomorrow off and making it a 4 day holiday? Life is short you know.

Fake Kenny W said...

Don't know about Shumie stuff, but I do the same thing every Labor day: I drink a chateauneuf du pape, and watch Glenn Gary Glenn Ross with some crackers and foie grais. Maybe an espresso brownie for dessert.

"PUT THAT COFFEE DOWN! Coffee is for closers....wanna know what second place is? A set of steak knives. Third place? Your fired!"
Great great piece of acting. Raising my glass to Mitch and Murray. Going to get the fois gras now and open the wine and let it breathe.

CAPTAIN said...


THE CAPTAIN REPORTS:

Yes folks it was William Henry Harrison, our ninth President of the US. That is, if you can really give him the honor of being called President.

The man decided to give a three hour inauguration speech in 20 degree below zero weather in Washington DC. He caught pnuemonia and died 32 days into office.

On a separate and weird note, our 15th President, James Buchanan, was 65 years and 315 days old on the date he took office. Buchanan served one term before being replaced by our best President in history: Abe Lincoln.

Why weird? If Romney wins, he will be 65 years and 315 days old as well.

Thanks for playing.

Tonight we look forward to hearing from JEB, who speaks early at around 8:00 PM. If you want to hear Jeb speak, you will need to tune into C-SPAN.

Then we will await for the surprise guest speaker of the night. That person will speak immediately before Senator Marco Rubio.

And, in prime time, the former Commissioner of West Miami, and now junior senator from the Great State fo Florida, Marco Rubio, will introduce the man of the hour: Williard Mitt Romney.

Enjoy your final night of the RNC.

Next week I'll be reporting from the Tarheel State when the DNC will nominate the name of Barack Hussain Obama II for a second term as our 44th President.

This my friends concludes your political history lesson for the day.

CAP OUT ...

Secret Judge said...

For those interested in the truth, the fact is that none of my colleagues, past or present, read the Blog, at least none will admit to it. The usual response I get when broaching the topic is, "I don't spend much time on the computer" or "I don't know how to access it". Frankly, I wish it were otherwise as even anonymous comments might be useful to a judge seeking to improve his or her demeanor or performance. But the reality is that the Blog isn't nearly as significant as its hard-working authors would like to believe. This may change in the future, so to the proprieters my advice is to keep on keepin' on.

Anonymous said...

I won a case that netted me close to a mil. Don’t want to be greedy so my super hottie girlfriend with a near perfect IQ suggested I donate a portion of it to a charity which had me thinking to start my own charity. It’s called “Lawyers Without Yachts.”

Anonymous said...

Costanza should always be quoted in appellate decisions.

"It became very clear to me sitting out there today that every decision I've made in my entire life has been wrong. My life is the complete opposite of everything I want it to be. Every instinct I have, in every aspect of life, be it something to wear, something to eat - it's all been wrong."

Or

"Do you ever get down on your knees and thank God you know me and have access to my dementia?!"

Felix Unger said...

Our best President was Rutherford B. Hayes. Alas, he knew very little about opera.