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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM
Friday, November 06, 2015
READING AND WRITING
No. 3D15-1969Lower Tribunal No. 10-20591Markwood Investments Limited, et al.,Appellant,vs.Latam Investments, LLC, et al.,Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Hon. Eric William Hendon, Judge.
...The order contains an unfortunate and unnecessary element of ambiguity concerning whether it is final. First, it dismisses only the complaint (and not the case) and only “without prejudice,” two indications the order is non-final. The order then changes direction by finding that the Appellants’ claim is barred by collateral estoppel, in which case the ability to amend is futile and all judicial labor is at an end, indicating the order is final. Such ambiguous orders create problem...
Many things in law are difficult. Writing a clear and unambiguous order of dismissal is not one of them. See GMI, LLC v. Asociacion del Futbol Argentino, 40 Fla. L. Weekly D1969 (Fla. 3d DCA Aug. 26, 2015) (“An appropriate order dismissing . . . might read ‘The motion to dismiss is granted. The plaintiff [name]’s complaint and case against defendant [name] are dismissed. The court reserves jurisdiction to consider a timely motion for costs and attorney’s fees.’”)
Rumpole says, ouch!! Appellate law is cruel.
See You In Court.