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3d DCA Watch -- Fetid Odor Edition

So let's see what happened yesterday in the new batch of opinions released by the 3d DCA, available to all appellate junkies here.

As usual, lots of "State v. Somebody" and "Somebody v. State" opinions. I'll leave the outrage/boredom to Rumpy and other criminal attorneys to sort out. Let's see, not much....

Oh, here's one: Olsten Health v. Cody.

Hmmm, personal injury trial appeal, having something to do with the meaning and import of a "fetid odor." That's enough for me, let's move on.....

Usual selection of PIP, divorce, and unemployment compensation rulings....

Hold on, what's this: Margules v. Eleventh Judicial Circuit Court of Florida?

I have no earthly idea what this could be about. I do see the 3d reversed and vacated.

Oh well, moving on: Miami Dade College v. Turnberry. Another lower judge reversed for apparent bias, ho hum, another day in paradise. In this case,

the judge?s expression of displeasure with the case, his extemporaneous exchange with counsel and prognostication in open court that the Petitioner would lose the property and afford Respondents a profit, were sufficient to instill the fear that Petitioner would not receive a fair and impartial trial.

You think?

Saltponds vs. Walbridge. A deadly dull opinion interpreting statute of limitation provisions in the condo association context. Condo freaks can tackle that one.

Applica v. Newtech. I have no idea what the actual issue is in dispute, since Judge Shepherd didn't give us much (any) background. I guess you had to be there.

Anyway, for you hard-core contract wonks, here's the critical language:

It is inherent in business relationships that contracts are negotiated with incomplete information. Accordingly, where an agreement is unambiguous, as is the case here, we enforce the contract as written, no matter how disadvantageous the language might later prove to be.

In other words -- take your pathetically awful contract and go home (or sue the lawyer who advised you to sign that crappy document).

Well, pretty slim pickings this week. Still, I hope you enjoyed our Thursday morning ramble, and we will see you next Thursday!

Full post as published by South Florida Lawyers on May 01, 2008 (boomark / email).