Abstract Appeal -- by Matt Conigliaro

Thursday, August 28, 2008

Supreme Selection: Judge Charles Canady

The Governor is currently holding two lists of nominees for the Florida Supreme Court.

This morning, just minutes ago, he held a press conference and announced that he has appointed Judge Charles Canady, currently of the Second District Court of Appeal, to the at-large seat made vacant by Justice Cantero's resignation.

Congratulations to Judge, now Justice, Canady.

...posted by ⊥ 9:50 AM ⊥ #

Tuesday, August 26, 2008

Supreme Landing

Today, White & Case announced that Justice Raoul Cantero will be joining the firm's Miami office upon his September resignation from the Florida Supreme Court.

Congratulations are in order.

You can read the firm's press release here.

...posted by ⊥ 4:52 PM ⊥ #

Friday, August 15, 2008

Judicial Nominating Omissions?

Today's St. Pete Times includes a story about yesterday's state supreme court nominations.

Its headline varies.

The printed article carries the following top headline on the front page of the local and state section: "Court list frustrates Crist," with the subheading, "No women or blacks are nominated for the high court. He could ask for more names."

Online, the story carried the following headline early this morning: "Crist not happy with list of court choices." There was no subheading.

At the time I am publishing this post, the headline and subheading from the printed paper are not online. Nor is the "not happy" language. The online headline now reads: "Crist upset by list for state Supreme Court seats."

The online story can be found here.

The story's only reference to the Governor or his staff states:

He has 60 days to appoint two justices, and he can ask the commission for more names, advisors said.

"I've got several concerns about it, so I'm looking at what my options are," Crist said.

In its final paragraph, the story mentions that eight of the 50 applicants were women. The same paragraph also mentions that only 12 of the 50 were minorities, but that must include Hispanic applicants (two of whom were nominated) and does not state that only two of the 50 applicants were black.

The short lists are interesting. My inboxes buzzed yesterday as the nominees' names were announced. In my opinion, qualified people made the short lists, and other qualified people were left off.

The aspect of the lists that I found most intriguing is that the JNC nominated only three persons for the First District-area seat. The JNC is required to nominate at least three but no more than six persons for a vacancy. The commission went with the fewest possible names, despite the fact 21 persons applied for the seat currently occupied by Justice Bell, who is from Pensacola.

Another story on the nominees can be found online at Tallahassee.com.

...posted by ⊥ 11:00 AM ⊥ #

Thursday, August 14, 2008

Supreme Nominees

The Judicial Nominating Commission for the Florida Supreme Court has forwarded the following lists of names to the Governor. The Governor may appoint one person from each list to the supreme court:

For Justice Cantero's (at large) seat:

Judge Charles Canady
Judge Kevin Emas
Edward Guedes
Judge Jorge Labarga
Judge Vincent Torpy

For Justice Bell's (First District) seat:

Judge Ricky Polston
Judge Waddell Wallace
Judge Peter Webster

A press release on the nominees is available here.

...posted by ⊥ 10:19 AM ⊥ #

Monday, August 11, 2008

Fourth District: Time To Rule!

At what point has an appeal been pending too long without a decision?

In this decision from the Fourth District, one year was too long. The district court granted a mandamus petition asking that a circuit court be directed to rule on a county-to-circuit court appeal that had been pending for one year.

From my personal experience, well, let's just say this decision left me with a smile.

...posted by ⊥ 9:12 AM ⊥ #

Fourth District: Incorporation By Reference

Does referencing a document in a complaint allow a trial court to consider that document for purposes of a motion to dismiss if the document is not actually attached to the complaint as an exhibit?

In federal court, the answer is usually yes.

In this decision from the Fourth District, the answer was no.

The case involved a false light claim and, by certified question, is now a tag-along to the Jews for Jesus case still pending at the state supreme court.

...posted by ⊥ 9:08 AM ⊥ #

Fourth District: Search and Seizure

Is a police officer who wishes to search a shared residence constitutionally required to secure consent from a physically absent, but nearby, tenant after that officer has already obtained a valid consent from a co-tenant who is on the premises?

No, said the Fourth District in this case.

Notably, the tenant at issue was not at the residence because, at the time, he was handcuffed in the back seat of a patrol car.

...posted by ⊥ 9:05 AM ⊥ #