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3d DCA Watch -- Somebody Did Something Good Edition

Hi kiddies, well it's almost Kol Nidre and thus an appropriate time to do a little Teshuva, you know, take stock of what kind of lawyers we are, what kind of people we are -- as against what kind we want to be -- and how to bridge the gap between the two over the next year. (Non-Jews and Bill Maher, you can play too!)

I'm reminded of all this by peering south today at that boxy courtroom by the athletic field, populated by those boxy judges by the highway, yes it's that time of the week as we gaze in awe, admiration, and occasional perfidy at the wacky doings of our favorite robed PCA coffee-swillers, yes you got it -- it's 3d DCA Watch:

Usiabulu v. Progressive:

Thank goodness for Judge Salter. Here we have another crisp and rational, perfectly understandable opinion, grounded in logic, common sense and precedent.

This is a pro se appeal of a subrogation claim brought by Progressive, in which the appellant below filed only a "statement of defenses" and never responded to requests for admissions. Progressive obtained summary judgment based solely on the failure to respond to the admissions, and never addressed or overcame the "facts" asserted in the statement of defense.

Accordingly, on the authority of Brown v. Traveler?s Indem. Co., 755 So. 2d 167 (Fla. 3d DCA 2000), Judge Salter reversed. In so doing, Judge Salter noted:

We commend Progressive?s counsel?s candor in citing Brown in the answer brief. See R. Regulating Fla. Bar 4-3.3(a)(3). The trial court cannot be faulted for failing to apply a controlling case that the parties themselves apparently did not provide below.

Hey, what do you know -- Progressive's counsel Steve Jacobson and Steve Warner did a good thing -- they cited authority that doesn't help them! Imagine that. And Judge Salter praised them for it and pointed out that this is the right thing for lawyers to do.

Double Steves, you have earned an honorary entry in SFL's book of good deeds and your fate for the next year is sealed. Don't worry, bubbes and have a great holiday everyone!

Full post as published by South Florida Lawyers on October 08, 2008 (boomark / email).