Special Judge Gersten Holiday Edition of 3d DCA Watch!

In honor of Judge Gersten's retirement, we bring you a special Fourth of July holiday edition of 3d DCA watch:

Whipple v. D&D Tree Farms:

I'm sure it's entirely coincidental that on Judge Gersten's retirement the Court has elected to issue an opinion on the "undertaker's doctrine."

Oh well, let's read on:

Whipple admits that the defendants did not have a duty to erect a fence, but he argues that according to the undertaker’s doctrine, once the fence was built, the defendants had a duty to use reasonable care to maintain that fence. We agree.

Shh, don't tell Glenn Garvin but this is called a "tort" which is an ancient concept rooted in the fundamental duty of care that one person owes to somebody else.

It's part of the glue that binds us together as a civilized society, and Glenn doesn't even have to understand or agree with the system of interlocking obligations we owe to each other to be a beneficiary.

BTW, good luck with the Mexican fireworks!

3d DCA Watch -- The Passing of the Old Medicine Ball.

It's a slow day inside the bunker as everyone tearfully says their goodbyes to Judge Gersten.

As has been the ritual for many decades, the judges have gathered to solemnly present the departing jurist with their favorite piece of used exercise equipment, thus cementing a bond and punctuating a friendship forged across courtrooms, across chambers, and across mechanical rooms/storage closets.

"Hope you can use my old calisthenics mat!"

"Please use my jazzercise tape in good health."

"Let me know if they also have a shot put lunch club at Bilzin!"

And, given the ceremonies attendant to this momentous occasion, the 3d had time to emit only a single, lonely civil written utterance, one dealing with the technical differences between writs and the Court's jurisdiction to hear an appeal.

What better way to send off Judge Gersten than to tell the litigants to try again and repeat the whole process once your appeal is ripe.

(Actually, thank you Judge for your hard work and dedicated public service.)

More Judicial Departures; More Coming?

Anyone who knows our judges know they are distressed over antics in Tally, openly griping (ok, more so than usual) and are considering their options.

So it is with some sadness that confirmation arrives of 3d DCA Judge David Gersten's departure as well as Circuit Judge Mary Barzee Flores.

I really like this quote from Judge B:

“The enthusiasm among some in Tallahassee to slash spending on our court system, coupled with the staggering volume of new case filings driven by current economic conditions, poses a grave threat to our society.”

Big losses for justice in South Florida, but we thank them for their service and wish them the very best and great success in private practice. 

Three guesses on who's next?