Friday, February 22, 2008

Harms Wins! Jabour Loses! Jimmy rejoices!

The result is not what surprised me. It was the speed with which the First District Court of Appeal handed it down. Though, like I was telling some friends at dinner last night, it doesn't take long to write three words: Per Curiam Affirmed.

There is a period of 15 days in which Mr. Jabour's attorneys can request a rehearing. The entry of the Judgement will be delayed until 1) the end of the 15-day period or 2) Mr. Jabour asks for a rehearing and the Court denies the motion.

The speed with which the 1st DCA returned their ruling leads me to believe that they would immediately deny the Motion for Rehearing as that Court has shown that the law is clearly on Mr. Harms's side.

But Jimmy, what about the Florida Supreme Court?, you might be asking. The Florida Supreme Court does NOT have jurisdiction to hear this case. In order for a case to progress beyond the District Court of Appeal and to the Florida Supremes, the DCA must certify that the question is one of "great public importance" due to some conflict of law. There is no conflict of law here. The facts and the law support the trial Judge's ruling and so support the affirmation of Judge Nachman's decision at the appellate level. The case is over.

Now the fireworks begin. And I'll post more about what they will look like when I know. Props belong to Tony, who I think broke the news to most of my crew...

1 comment:

Brian, Jen and Audrey said...

To give credit where credit is due, I believe we all got it from "an appellate lawyer friend" of mine and also friend of Tony, Colony's, etc.