Tuesday, January 27, 2015

New trial calendaring help (& 2 Moore)

Does "service of notice of entry of judgment by the party moving for new trial trigger the statutes' jurisdictional deadlines?" 2/3's Justice Kitching in today's published opinion here teaches that the answer is "no."

Meanwhile, the 2015 competition for the best opening to an opinion (here?) is heating up, with this entry from 4/3 in this case -- and it's not Justice Beds:
You cross continents and spend years trying to collect a judgment for your client. Late one Friday afternoon, the debtor‟s lawyer walks into your office and hands you a cashier‟s check for almost $13 million, covering the entire judgment and all accumulated interest. Do you accept the check or say, “No thank you, I need to make a motion for attorney fees first?” Put another way, is a bird in the hand worth two in the bush?
And then there's this one here from the 3d today:
This case goes to show that sometimes life can be like an essay question on a law school exam.
[1/29 update: For Beds in action, great opening and all, see here.]

Finally, in the category of "there must be 50 ways to lose an appeal," how about a good ol' disentitlement doctrine ("An appellate court has the inherent power, under the ‘disentitlement
doctrine,’ to dismiss an appeal by a party that refuses to comply with a lower court order.") case here (again from Justice Moore):
Gloria’s conduct since the judgment has frustrated the attempts of the court to legitimately effect its own orders. She has missed court dates, failed to keep her own promises, lacked candor in her communications with the court, and ignored the court’s orders. She cannot therefore now seek relief from the appellate court. The disentitlement doctrine applies.
[1/29 update: Note another 4/3 disentitlement doctrine dismissal today here.]