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.