Getting the right language into your settlement agreement can mean the difference between putting the past behind you or having to re-live the events, costs and expenses that brought you to settlement in the first place. Don't be a test case!
6/30/2017 8:40:08 PM
What is "Binding" case law? Have you had a scenario where you've searched high and low for case law on a particular topic in your court's jurisdiction only to come up with nothing? Then, did you find that perfect opinion from Florida's Fifth or First DCA with similar facts to your case? How will you proceed in arguing your motion, before the judge, when opposing counsel wants to point out that the Fifth DCA opinion, cited in your memorandum of law, is not binding on this court? The answer to how you should proceed in responding to opposing counsel's contention is contained within the majority opinion in Pardo v. State, 596 So. 2d 665 (1992): "we note that the district court erred in commenting that decisions of other district courts of appeal were not binding on the trial court. This Court has stated that "[t]he decisions of the district courts of appeal represent the law of Florida unless and until they are overruled by this Court." Stanfill v. State, 384 So. 2d 141, 143 (Fla. 1980). Thus, in the absence of interdistrict conflict, district court decisions bind all Florida trial courts. Weiman v. McHaffie, 470 So. 2d 682, 684 (Fla. 1985)." This swift counter attack will surely have opposing counsel running for cover and scrambling for conflicting case law. By that time, however, its often too late.
6/14/2017 3:39:32 PM
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