News Reedy Creek Improvement District and the Central Florida Tourism Oversight District

[Weather_Lady]

As an experienced attorney/employee in the federal courts, I'm surprised by the at-turns flamboyant, inflammatory, and unsophisticated language used in these filings. Is this typical of legal writing in the Southern states -- perhaps a cultural difference between what is considered proper there, and up here in the northeast? Or is this just the work of attorneys who are transparently trying to titillate the public or give sound bytes to the tabloid news, rather than be taken seriously by the court?

At the level and location where I work, judges would roll their eyes at this kind of writing -- if not openly rebuke the attorneys who engaged in it.

 

[Weather_Lady]

That language truly annoys judges.

I didn't see your post before making mine which basically says the same thing -- but yes, absolutely!

 

[UNCgolf]

As an experienced attorney/employee in the federal courts, I'm surprised by the at-turns flamboyant, inflammatory, and unsophisticated language used in these filings. Is this typical of legal writing in the Southern states -- perhaps a cultural difference between what is considered proper there, and up here in the northeast? Or is this just the work of attorneys who are transparently trying to titillate the public or give sound bytes to the tabloid news, rather than be taken seriously by the court?

At the level and location where I work, judges would roll their eyes at this kind of writing -- if not openly rebuke the attorneys who engaged in it.

No, it is absolutely not typical of Southern legal writing. I'm in Atlanta at one of the largest corporate law firms in the world and we'd never file something like this.

This is PR spin as a legal filing.

 

[cranbiz]

For what the district and the state are paying for council, one would expect a much better filing.

It's a PR stunt because DeSantis isn't gaining strength in his presidential run. He might have FL, he doesn't have the rest of the country.

 

[GoofGoof]

For what the district and the state are paying for council, one would expect a much better filing.

It's a PR stunt because DeSantis isn't gaining strength in his presidential run. He might have FL, he doesn't have the rest of the country.

Based on the latest polls I’ve seen he doesn’t even have FL locked up in the primary.

 

[Chi84]

As an experienced attorney/employee in the federal courts, I'm surprised by the at-turns flamboyant, inflammatory, and unsophisticated language used in these filings. Is this typical of legal writing in the Southern states -- perhaps a cultural difference between what is considered proper there, and up here in the northeast? Or is this just the work of attorneys who are transparently trying to titillate the public or give sound bytes to the tabloid news, rather than be taken seriously by the court?

At the level and location where I work, judges would roll their eyes at this kind of writing -- if not openly rebuke the attorneys who engaged in it.

I clerked for a state appellate court judge many years ago and he wouldn't even put up with this type of language in the parties' briefs. He was known to sua sponte strike a statement of facts section with leave to file an amended brief within 24 hours of the entry of the order. Once a few attorneys were seriously inconvenienced by this nonsense, we tended to get much more readable briefs.

 

[flyakite]

With Ashley Moody’s name first as submitter, is it assumed she had a main role in it’s writing?

 

[drnilescrane]

Ah, yes! I was just coming back to ask if you were talking about the Federal suit.

The CFTOD Federal Motion to Dismiss was filed yesterday too - I think it went unnoticed because of the state action.

I thought we'd get some spicy language in this one, but no, they *really* just want to fight this in state court and aren't even going to bother making any arguments.

 

[drnilescrane]

Schedule going forward:

- 7/14 Hearing for state motion to Dismiss
- 7/26 Disney's reply to federal motion to Dismiss

 

[Weather_Lady]

With Ashley Moody’s name first as submitter, is it assumed she had a main role in it’s writing?

Not necessarily. Underlings often do the heavy lifting when it comes to researching and writing, so she may have made significant changes and be responsible for the style, or she may simply have reviewed it and signed her name. Regardless, a lawyer is ultimately 100% responsible for the things to which they sign their name, whether they wrote them or not.

 

[lazyboy97o]

So does the District not think the federal judge knows what “void ad initio” means? It’s just striking how they don’t use the phrase at all in their federal filing after using it so much in the state filing.

You have to love though how they argument that the venue is inappropriate because of the requirements in the agreements they say are void. Again, do they think the contradiction won’t be noticed? When it’s adjacent sentences?

 

[Chi84]

So does the District not think the federal judge knows what “void ad initio” means? It’s just striking how they don’t use the phrase at all in their federal filing after using it so much in the state filing.

You have to love though how they argument that the venue is inappropriate because of the requirements in the agreements they say are void. Again, do they think the contradiction won’t be noticed? When it’s adjacent sentences?

It’s void ab initio. Did they misspell it or was this an autocorrect?

 

[lazyboy97o]

It’s void ab initio. Did they misspell it or was this an autocorrect?

Autocorrect. Although there’s also a reason I only took two years of Latin.

 

[Chi84]

Autocorrect.

Be funny if it was misspelled in the pleading lol.

 

[mkt]

Is this typical of legal writing in the Southern states

Nope. At least not in Florida.

My wife, a licensed and practicing attorney in Florida who is admitted to federal courts in the state, says not a chance.

 

[hopemax]

The Above the Law blog has a new entry from Joe Patrice about something he noticed in the Moore v Harper Supreme Court decision. The decision includes mention of the Contracts Clause, as an example of how state legislatures are constrained. Something the court has not invoked in awhile. The speculation, is that the Contracts Clause was not randomly included, but a signal from the high court that they are watching the Disney situation in Florida.

Supreme Court Subtweets Ron DeSantis That He's Totally Losing To Disney - Above the Law

Supreme Court reminds federal judges that Disney's right about the Contracts Clause.

abovethelaw.com

 

[DCBaker]

 

[mmascari]

When it's so critical they hold two special sessions and pass multiple laws to deal with it. But, at the same time, so not critical that they want to delay the case by two years.

 

[DCBaker]

Here's the full filing.

 

[lazyboy97o]

The Above the Law blog has a new entry from Joe Patrice about something he noticed in the Moore v Harper Supreme Court decision. The decision includes mention of the Contracts Clause, as an example of how state legislatures are constrained. Something the court has not invoked in awhile. The speculation, is that the Contracts Clause was not randomly included, but a signal from the high court that they are watching the Disney situation in Florida.

Supreme Court Subtweets Ron DeSantis That He's Totally Losing To Disney - Above the Law

Supreme Court reminds federal judges that Disney's right about the Contracts Clause.

abovethelaw.com

Maybe I don't follow the Supreme Court close enough, but it seems odd, and even problematic actually, that they would be dropping hints about other potentially future cases.

That said, it doesn't seem to bode well for the arguments that this is purely a state matter.