A NEW AND BETTER BLOG:
CHECK OUT OUR FANCY NEW POLL FEATURE: SCROLL DOWN A BIT, ITS ON THE LEFT.
TRY CLICKING ON THE COMMENT BUTTON: IT SHOULD ALLOW YOU TO LEAVE A COMMENT ANONYMOUSLY
One of the many downsides of having business slow down is that we don’t get to the building every day. (if you have to ask “what building?” , you are at the wrong blog. Try the Bored Housewife blog here: http://boredhousewife.blogspot.com/ or the hot dog blog [they’re not related] http://www.hotdogspot.com/ or
Holla Back NYC here: http://hollabacknyc.blogspot.com/ which, [we are not making this up] encourages New Yorkers to Holler Back at people on the street who are annoying them. Just what those quiet and inoffensive people from NYC need: a little encouragement to be more aggressive. People in Miami know better than to “Holler Back” at people on the street. That’s why for the fifth consecutive year our murder rate has fallen. )
With less business, less court appearances, and our sources of rumor and innuendo dry up.
Our new web counter reveals we had about seventy five viewers the other day. Which is comforting because it confirms that we are not the only attorney sitting around in our office with nothing to do except surf the web and wait for the phone to ring. The web counter can tell not only how many people are viewing the page, but where they are from. Besides South Florida, we had viewers from New York, the Mid-west and Ireland.
Ireland? Maybe we annoyed some people with our crack about Judge Murphy’s 6AM Friday soundings. Well Kiss the Blarney Stone! It was just a little blog-license to exaggerate. And to be fair to a very fair Judge, Judge Murphy is the picture of kindness when we stumble in at 10:30 or so muttering a half baked excuse as to why we are late. Usually the look we get from his honor is such that we know he is thinking that we’d better have a better defense for our client then we have for ourselves or at least one of us will not be going home that night.
Thanks to David O Marcus at http://www.sdfla.blogspot.com/ who runs the South Florida Federal Blog. He gave us some nice and much needed publicity (since jeffe BT still won't publish our web address to his loyal subjects at the FACDL) and was astute enough to recognize that we have not given very much clue as to our identity, including our gender. More on who we are not, in a later post.
As we told the Daily Business Review (who interviewed us today for Monday's edition, and we sure hope that *67 turned off the caller ID or our identity will be revealed) Mr. Marcus’s Blog is way too intellectual for us. It is clear to see by reading his Blog that Mr. Marcus spends way too much time reading slip opinions, legislative history and comments on proposed changes to the Federal Rules Of Criminal Procedure, and briefs before the Supreme Court.
We of course, spend our time at the Hot Dog Blog listed above.
So, dear readers your choice is clear: want the latest case law? Read the Marcus Blog, and wow the judge during your next hearing. Want a list of the top ten excuses Judge Murphy will buy when you show up late? Stick with us. We won’t let you down.
10. Bench trial with Judge Newman.
9. Calendar call with Judge Mills-Francis.
8. It’s the day of the Ticket Blitz.
7. The Judge in Broward would not take us out of turn.
6. Damn Au Bon. The Pickle Barrel never took as long.
5. Juvenile, Juvenile, Juvenile.
4. Did you know Hialeah has a new branch court???
3. Leslie Rothenberg at the Third District slowly tore our brief up into little pieces during oral argument, and it took an hour to stop crying.
2. (insert name here) Federal Judge granted our motion to suppress and we are still in shock.
1. You were serious about 8:00 AM? (guaranteed to get a few laughs and one free call to your bondsman).
COMMON RUMPOLE. WHO ARE YOU???
ReplyDeletegreat site rumpole. keep up the good work. i hope people use this site to let the judges know what those of us who labor in the mjb really think of them. they get thier bar poll numbers and they pay armando guttierez his cash and if they are not jewish men they get no opposition and think they are doing a great job. lets hope this site can be used to let them know that all is not ok in the mjb
ReplyDeleteDARRIN MCGILLIS, Appellant(s)/Petitioner(s), vs. DANIEL NESS, ET AL., Appellee(s)/Respondent(s).
ReplyDeleteCASE NO.: 3D05-2339
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
923 So. 2d 1178; 2006 Fla. App. LEXIS 5161
January 24, 2006, Decided
NOTICE: [*1] DECISION WITHOUT PUBLISHED OPINION
PRIOR HISTORY: LOWER TRIBUNAL NO. 05-6983, 05-7087, 05-296 AP.
JUDGES: FLETCHER, SHEPHERD and ROTHENBERG, JJ., concur.
OPINION: Following review of the petition for writ of certiorari and the response and reply thereto, it is ordered that said petition is hereby denied.
Upon consideration of the motion for sanctions filed by respondent Benjamin Ness, it is ordered that said motion is granted and remanded to the trial court to fix amount.
Upon consideration, petitioner's request for sanctions against counsel is hereby denied.
FLETCHER, SHEPHERD and ROTHENBERG, JJ., concur.
And
DARRIN MCGILLIS, Appellant(s)/Petitioner(s), vs. BENJAMIN NESS, Appellee(s)/Respondent(s).
CASE NO.: 3D05-1230
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
910 So. 2d 274; 2005 Fla. App. LEXIS 15963
August 30, 2005, Decided
NOTICE: [*1] DECISION WITHOUT PUBLISHED OPINION
PRIOR HISTORY: LOWER TRIBUNAL NO. 05-14334. McGillis v. Ness, 903 So. 2d 198, 2005 Fla. App. LEXIS 10168 (Fla. Dist. Ct. App. 3d Dist., 2005)
JUDGES: LEVY, C.J., and FLETCHER and CORTINAS, JJ., concur.
OPINION: Upon consideration of the emergency petition for writ of mandamus, it is ordered that said petition is hereby dismissed as moot. LEVY, C.J., and FLETCHER and CORTINAS, JJ., concur.
and
DARRIN MCGILLIS, Appellant(s)/Petitioner(s), vs. BENJAMIN NESS, Appellee(s)/Respondent(s).
CASE NO.: 3D05-1230
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
903 So. 2d 198; 2005 Fla. App. LEXIS 10168
June 15, 2005, Decided
NOTICE: [*1] DECISION WITHOUT PUBLISHED OPINION
SUBSEQUENT HISTORY: Writ dismissed by McGillis v. Ness, 2005 Fla. App. LEXIS 15963 (Fla. Dist. Ct. App. 3d Dist., Aug. 30, 2005)
PRIOR HISTORY: LOWER TRIBUNAL NO. 05-14334.
OPINION: This Court's order dated June 14, 2005 is hereby vacated.
Here is the most interesting part of the case you posted.
ReplyDeleteSupreme Court of Puerto Rico.
Angel Luis García, Carmen García et al., Plaintiffs and respondents
v.
World Wide Entertainment Co., Darrin McGillis, Defendants and petitioners
No. CE-92-126
San Juan, Puerto Rico, December 24, 1992
"The plaintiffs alleged that both contracts were void because they were contrary to law, morals and public policy. As second cause of action, plaintiffs alleged that defendants (McGillis and boyfriend) had physically abused and sexually harassed the minor, for which they sought damages."
On November 7th, 2006, the good people of Miami-Dade County and Monroe County will VOTE either Yes or No for the retention of three Judges of the Third District Court of Appeal. Most people do not realize that the Third District Court of Appeal is the last appeal available to the citizens of Miami-Dade County and Monroe County on almost every legal issue. A loss in the Third District Court of Appeal almost always may never be appealed to the Florida Supreme Court, leaving a litigant only one appeal to the United States Supreme Court which will likely be denied very quickly. The United States Supreme Court accepts for review less than 1% of all appeals filed in their court, in addition just the printing cost of the briefs in this court will set you back $5-k.
ReplyDeleteThe Third District Court of Appeal has literally in essence denied almost 50% of all the appeals filed by the citizens of Miami-Dade County and Monroe County, by issuing what is called a PCA, meaning the Court denies the review without any reason. Although the Florida constitution guarantees the right of appeal, the Third District Court of Appeal has side swiped this right by issuing a PCA denial of review. All PCA orders in Florida are NOT reviewable by the Florida Supreme Court and any attempt to seek review by the Florida Supreme Court will be denied on its face by the Clerk of the Florida Supreme Court (this decision is by choice of the current justices of the Florida Supreme Court). As noted filing an appeal to the United States Supreme Court is basically useless.
This November 7th, 2006, is the opportunity for the Voters of Miami-Dade County and Monroe County to send a message to the Third District Court of Appeal that we will not tolerate not being allowed meaningful appeals. An appeal is a right guaranteed by the Florida constitution, for example you could lose your, freedom, child custody, house, life savings and so much more by a trial court who might not follow the law and on appeal the Third District Court could simply say PCA without any explanation. Some have written on the subject that it is because of lazy Judges that sit on the Third District Court of Appeal that over 50% of the appeals are PCA denied without reason.
Miami-Dade County has been known as the capital of judicial corruption since the F.B.I. sting of the 90's titled "Operation Court Broom" that nailed several Miami-Dade Judges who took money bribes to fix the results of cases. In Miami it means so much more to get meaningful due process and provided a reason why you lose your freedom, house, car, life savings, etc;. When justice does not work in a town full of history of corrupt Judges it gives the appearance of impropriety. A detailed account of “Operation Court Broom” and the resulting indictments and trials, including the trial of Judge Sepe, is contained in the opinion in United States v. Shenberg, 89 F.3d 1461 (11th Cir. 1996), cert. denied sub nom. Sepe v. United States, 117 S.Ct. 961 (1997). CLICK HERE to read the details of this case.
No appeals Judge in any Florida appeals court has ever been removed by the voters. We believe it takes 51% of the voters to vote "NO" for the Judge to be removed. For a list of all the current Judges on the Third District Court of Appeal with picture and biography, CLICK HERE .
Here are the names of the Judges up for retention on November 7, 2006 :
Judge Leslie B. Rothenberg - Vote Yes or No
Campaign Treasurer:
Ramon A. Abadin, Esquire.
Judge Angel A. Cortiñas - Vote Yes or No
Campaign Treasurer:
Elena Maria Almeyda
Judge Richard J. Suarez - Vote Yes or No
Campaign Treasurer:
Steve Goldston
Susanna Nesmith: I am standing out side the Juvenile Justice center waiting for word from Brian Tannenbaum as to his feelings about Judge Jeri B. Cohen entering injunctive releif against Brian Tannenbaum that any future children of Mr. Tannenbaum shall be placed in protective custody. The reason given is that comlete morons should not have access to children.
ReplyDelete