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