We came across this case in our work on an esoteric issue. And as long time and careful readers of the blog know, we love a good Churchill quote.
SCHWARTZ, ALAN R., Associate Judge.
As Churchill might have put it had he been considering the fascinating and monumental verities of Florida post-trial procedural law and practice rather than merely the prosaic question of Chinese politics, the result we reach in this case represents an incongruity arising out of an imbroglio and caused by an anomaly. The incongruity lies in the fact that the parties are required to undergo a new trial even though the plaintiff has now agreed to an order, secured by the defendant, and affirmed by us, which reduces his judgment as a condition of Avoiding such a trial. The anomaly is the peculiarity of the Florida law which permits a full appeal from an essentially interlocutory order only in the case of an order granting a new trial. The imbroglio occurred in this manner:
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