The Professional Lawyer 2 – DCA Opinion

00:12- Hey Ashley, are you looking for me?
00:13- Oh hey, I was, thanks for coming down.
00:16Where are we with that summary judgment motion in the Volin case?
00:19I think that we can win on that first cause of action.
00:22- Well, the draft of the motion is almost complete.
00:25Since we're in state court of Palm Beach County.
00:27There's no Supreme Court case on point, and the 4th DCA takes precedent at that point, correct?
00:32- So I'm glad you remember that from law school.
00:34Palm Beach County, which is where we're at, is in the 15th judicial circuit.
00:38And that's a part of the 4th District Court of Appeals.
00:41So, why are you asking if it's binding?
00:43What did you find?
00:44- Well, whether the main argument in our motion will work depends if the court treats it as a question of fact.
00:49I looked in the Supreme Court and the 4th DCA and I couldn't find anything.
00:52- So we should be good.
00:54But why do you still seem concerned?
00:56- Since this is a new statute, it's sort of a question of first impression.
00:59When I updated my research online and checked with notes on the decision of the statute,
01:03I saw a new opinion that was just published in the 3rd DCA.
01:06The statute is good, the case upheld is constitutional, but it also interpreted the language of the statute we are dealing with, and said that the issue or our motion should always be a question of fact.
01:15That kind of goes against our argument, don't you think?
01:17- Yeah, but we should be able to ignore that.
01:19So let's you and I go back and look at this 3rd DCA opinion, and then we'll come back together and talk about it.
01:24- Sound good? - Sounds good.