Wednesday, April 30, 2014

"Holding" Pattern

Gort v. Kort (noted earlier this week) is interesting only for its caption. For a really interesting appellate opinion, check out Marriage of Boswell, which begins: "This is another frivolous family law appeal. As we shall explain, given well-known appellate rules, it was 'dead on arrival' at the appellate courthouse."
And then it gets better! In a mere 5 pages, we are treated to pithy expositions titled "Appellate Rules" (e.g., "We do not judge credibility on appeal."), "Sanctions Vel Non," and a most edifying "Digression on the Use of the Word 'Holding.'" Sorry Gort, the must-read opinion this week is Boswell.
James Boswell of Auchinleck.jpg