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Some Judges like
And some Judges like
and this is a story about a judge who chose the golf cart over the child and threw the baby out with the bath water until world took notice.
When you see what judges do when the harsh light of the media is shinned upon them, you can only wonder at the tyranny of their actions when no one is watching.
Which brings us to Circuit Judge David Miller, and his initial denial of a continuance of a civil trial involving a cop, a kart, and a person at a Dolphin game that was up for the first time. The defense attorney and his wife had tried for several years to conceive via IVF, and having done so, the attorney moved for a continuance for a trial set for the first time so he could be present with his newborn baby
DENIED wrote the judge, and then threatened sanctions if the lawyer sought additional relief.
GRANTED wrote the judge after intrepid Herald Ace David Ovalle, a new father he BTW, swung into action and wrote of the infamy and tyranny of a judge who decided the birth of a lawyer's child was not as important as a trial over a cart and a person attempting to violate the laws of physics in the Dolphin Stadium parking lot by both of them occupying the same space at the same time. You cannot do that. Newton proved it.
You also cannot deny a continuance when a lawyer or their spouse is giving birth. The Florida Supreme Court said so.
“As adopted, subdivision (a) of new rule 2.570 requires that absent a finding of one or more of the reasons listed in the rule, a court must grant a timely motion for continuance based on the parental leave of the movant’s lead attorney, due to the birth or adoption of a child, if the motion is made within a reasonable time after the later of the movant’s lead attorney learning of the basis of the continuance, or the setting of the proceeding(s) or the scheduling of the matter(s) for which a continuance is sought,”
The reason: A Miami-Dade judge had refused to allow the postponement of a civil trial, even though all of the attorneys involved are OK with Fumagali taking parental leave. The decision by Miami-Dade Circuit Judge David Miller appeared to go against a recently enacted Florida Supreme Court rule that requires judges to grant postponements of cases for lead attorneys for the birth of a child.
But on Tuesday afternoon — hours after the Miami Herald published this story online — the judge backtracked, granting the continuance because of the lawyer’s “need for parental leave,” according to an order.
Read more at: https://www.miamiherald.com/article265348906.html#storylink=cpy
Coco: what do you think about this Hanzy?
ReplyDeleteHanzy: Beneath the dignity of the bench Coco. Shouldn’t dignify it with any more discussion.
Coco: So who do you like Sunday ? The Fins or the Pats ?
John Bletcher, please stop with this ..
DeleteJudge Miller, you have been a bad judge since the start and I see u have not learned to be polite and judicious. You need a another challenger.
Please, please, please someone run against David Miller. He hasn't mellowed and is as arrogant, if not more since his days at the Justice Building.
DeleteBrilliant post as always. Calling out an idiot judge doing stupid things.
ReplyDeleteShame on Judge Miller.
ReplyDeleteLet’s not forget that the motion for continuance was UNOPPOSED, and the judge still denied it (initially) and threatened sanctions
ReplyDeleteThis is the kind of ruling that will haunt a judge … with a contested election.
ReplyDeleteThis judge has a horrible reputation. How does he stay in office year after year? Does he have a lot of assets to ward off potential opponents?
ReplyDeleteOnly question that matters: who are we funding to deseat this clown in 2024? Clearly we have all had enough of him. Time to groom his opponent.
ReplyDeleteWhy hasn’t the Herald snapped you up ? You write so much better than any of them do.
ReplyDeleteThey cannot afford me.
ReplyDeleteMiller was like that in criminal too.
ReplyDeleteMemo to young lawyers, judges used to do that shit all the time back in the 80's and 90's. They then woke up when they got a Latin female running against them in the next election.
David Miller will always be a jerk.
Lawyer probably tried to use the fax machine too!
ReplyDeleteShame on Judge Miller.
ReplyDeleteDOM has a truly painful story like this.
Litigation is not life - it is a job. It is what we do for money to fund our actual lives. Treat it accordingly and you will have a good life. Judges who fail to remember this do so at their peril. This story is all the proof we need that judicial elections, while flawed, are necessary.
Judge Miller, they're coming for you. You've had a good run. Maybe it's time to retire.
Miller got the worst reviews when he was in the family division. Notorious for his early morning hearings so he could be heading home by 11 a.m. every day.
ReplyDeleteThanks goodness he's in civil now.
Stay there David.
Miller is retiring at end of term. Won't be an issue.
ReplyDeleteYes. He has made it clear he is not running again and is bent on making every litigant that appears before him give extra special attention to any case in front of him. He's said as much. I've been on both sides of the receiving end.
DeleteRead all his orders carefully as he slips things in and will modify agreed orders unilaterally.
He needs to go back to Judge school and some civility classes. It is such a waste of time and energy to practice law in front of judges like this. Someone, please run against him ASAP.
ReplyDeleteYears ago I had a trial set before a Judge.( forget the pricks name) Opposing counsel representing the insurance company asked for a continuance so he could take a long planned vacation with his son who was in college at the time. The Judge denied an unopposed motion for continuance. I then took a voluntary dismissal so the case was off the calendar and he could go on his vacation. And refiled the case later. defense counsel never forgot this and the I showed was more than paid back on other cases we had together.
ReplyDeleteDidn’t he sentence a criminal defendant to the maximum on a third degree felony after a rejection of PTI ? He’s always been an asshole so this story doesn’t surprise me. Good riddance when you retire you little , nerdy twerp !
ReplyDeleteMiller has always been a dangerous, pompous jerk. Sanctions? For asking to be around when your wife gives birth? Real classy Judge-
ReplyDeleteFredo to the rescue!
ReplyDelete11:29 - How do you know is he retiring? Did he say that?
ReplyDeleteThe JQC never and I mean never give a second guilty. If they go after him, he will be forced to retire and not be allowed to work as a retired judge or run again. GO AWAY David Miller.
ReplyDelete@Trialmaster. An interesting story. Did your client actually agree to that? I don't know you from Adam and won't call bullshit, but that seems very unlikely. Voluntarily dismissing a case so that OC could go on vacation? The judge was clearly a jerk. But come on now...
ReplyDeleteLol another moron judge.
ReplyDeleteIn 2007 I had a case set for trial the day I was due to give birth. I moved for a continuance as, though I am very talented, I do not believe I can effectively represent my client on an armed robbery while giving birth. A judge now gone, said well lets see how it goes. I said, it's my second kid I know how it will go. Continuance denied. I did not show up for trial as I was in the hospital but had to make sure as I was pulling into the hospital to text my assistant to make sure the court knew. Because that is what I should be worrying about while birthing a human.
ReplyDeleteSometimes I hate it here.
Carmen M. Vizcaino
Heard in Miller's courtroom and reported by The Onion wire services:
ReplyDelete"Continuance DENIED. Counsel, you were there for the conception and we all know that's the best part, so quit your whining."
"Counsel get me your wife's medical records and I'll see what the true due date is. In the meantime continuance DENIED."
"Counsel, if there is a problem with the delivery, have one of the nurses contact us through CourtMap. And remember to serve your opposing counsel. Continuance DENIED"
"Ladies and Gentleman of the jury, the attorney for the defense had an emergency with his pregnant wife. Or some other lame ass shit excuse. In any event, we are proceeding. Please note that the attorney's absence may be used against his client as an admission of liability, potential damages and a personal insult to you jurors. And you are also encouraged to award punitive damages based on the actions of the baby for contemptuous birth during this trial docket. Ok, madam court reporter, we can go back on the record."
"Counsel, I will consider the continuance if you name the baby David"
"Counsel, I accept your offer to be the godfather to your child. But the continuance is still DENIED.
"Oh shit, that whiny attorney with the baby appealed me to the Third DCA. And the panel is Bronwyn Miller, Monica Gordo and Norma Lindsey. Those broads are gonna screw me big time."
via phone: "Hello ma'am, this is Judge David Miller. I know you are supposedly giving birth, but your husband is needed in courtroom 6 immediately. I don't care if he's holding your hand or a camera, I'm waiting. Oh, the baby is breech? Well congratulations, but I still need him, here. Listen this Uniform Trial Order went out over two months ago, so you'll just have to deal with it."
I worked as a law clerk for the Eleventh Judicial Circuit for a time. I helped Judge Silverman write a beautiful 28-page order in a civil case involving multiple parties, multiple claims and RICO, which is found here: DDU Exp., Inc. v ABC Distributing, LLC, No. 06-8888-CA-06, 2010 WL 8742285 (Fla. 11th Cir.Ct. June 22, 2010).
ReplyDeleteJudge Miller came in and just sort of bulldozed it, running roughshod over it all after he took over the case, revisiting this well-reasoned order by writing a one-paragraph new order of his own throwing everything out: DDU Exp., Inc. v ABC Distributing, LLC, No. 06-8888 CA 01 (06), 2011 WL 8151906 (Fla. 11th Cir.Ct. Aug. 26, 2011). This has a red flag on it, indicating negative treatment, because the Third reversed it.
The case where the Third DCA frowned upon the successor Judge dismissing claims that the prior Judge had previously allowed was here (under a WL citation): Gemini Inv'rs III, L.P. v. Nunez, 78 So. 3d 94 (Fla. 3d DCA 2012). That opinion was apparently the second version of the opinion, as the first was withdrawn after a rehearing. The first opinion (issued Oct. 5, 2011) can be found at this link: https://www.3dca.flcourts.org/content/download/454691/4965898/file/3D10-2946.pdf. The rehearing opinion was issued on January 25, 2012.
To quote, “After extensive argument and briefing, the then presiding judge, Judge Scott Silverman, entered a comprehensive 28–page order: (1) dismissing the RICO claims; (2) allowing the fraudulent inducement claims against the individual defendants, but dismissing the fraudulent inducement against ABC Distributing for insufficient allegations of an agency relationship between Nunez and ABC Distributing; (3) dismissing the securities act claim against ABC Distributing, but allowing the claim against the individual defendants; (4) allowing the original counts against ABC Distributing; and (5) giving plaintiffs leave to amend further the complaint. Plaintiffs filed their fifth amended complaint accordingly, excluding the RICO claims in accordance with Judge Silverman's rulings.” Nunez, 78 So. 3d at 96–97 (emphasis added). The same language talking about Judge Silverman’s order being comprehensive and making various rulings was also in the prior Oct. 2011 opinion on page 4.
Suffice to say, Judge Miller has always been a colorful jurist with an interesting history on the bench.
I told you all he was an ass!!
ReplyDeleteA “colorful jurist.” You are too kind.
ReplyDeleteDidn't he throw a fax machine at another judge? lol
ReplyDeleteI was in front of Miller, for much too long as an APD. Once, his bailiff called me while I was in the dental chair & told me the judge n ended me in court. I explained I was at the dentist & the only thing I had on calendar was a PTI plea & that a co-worker was covering. Not good enough for Miller, ordered me to court. When I got there he said on the record,” well, Ms. Cullinan you clients complained that he didn’t understand & never met you. He knew it was bullshit & asked me to go with him in his office to discuss. I refused to go to his office, because he was always armed, so we had it out in the hallway. My best line,” judge, the only time you believe our clients, is when they r shit talking the PD’s!” I left him speechless in the hallway!
ReplyDeleteWhy would you answer the phone in the dentist chair? Set some boundaries people. Walk out of the office and set your phone on silent. Or, just don't pick up work calls. Fuck'em. What's going to happen? When you get back and say "I was in the dentist chair and was unable to answer the phone. I had no idea your honor was trying to get a hold of me." What's he going to do? Would the result have been genuinely different?
ReplyDeleteWednesday, April 18, 2012
ReplyDeleteWe were reminded not only of Faxgate with Dennis, but the fact that there was a claim that the Judge was okay with the moniker Maximum Miller.
"He took the bench and came to the REGJB bragging that he wanted to be known as "Maximum Miller". What kind of human being tries to build a reputation by sentencing people to as long a jail term as possible? What kind of person violates the constitution he is sworn to uphold by punishing people who exercise their right to a jury trial? Not a very nice one in our opinion. Outside of divine intervention, we will vote for anyone other than Judge Miller. He has earned our enmity."
"While he may have once been "Maximum," he has grown tremendously during his years on the bench. I've seen him in criminal and civil, and first of all, I echo the Cap's comments about his work ethic. Miller works harder and is more accessible than anyone in the robe. In the criminal arena, I think the Dennis incident -- which was all her, BTW -- was an epiphany for him. He thinks hard about everything he does, insignificant or not, and he's not afraid to stick it to the state when they have it coming, even when there might be political ramifications. In fact, among the robed ones, his nickname changed from "Maximum" to "Mellow."On the civil side, he reads everything, asks great questions, and gives everybody all the time they want to blather on. Nobody is more up on the law. He also rules instead of sitting on things. I have won big and lost big in front of him and I never felt that I got anything less than an absolutely fair and thoughtful decision. Be prepared, punctual and respectful with Miller and you'll get it back in spades."