Wednesday, October 21, 2009

Parties Should "Cull Out The Rulings Of A Court From Hearing" In Proposed Order

In Prosser v. Proudfoot Consulting Company (4D09-2907), the Fourth District denied a petition for certiorari but also made the following statement:
We note that our review of this case was immensely complicated by the form of the trial court’s order, which is a one-page order that adopts a 194-page transcript of the hearing on the underlying motions. We understand the pressures on a trial judge in a busy civil division. Here, the judge made clear and precise rulings. Professionalism dictates that the lawyers for the parties should be able to cull out the rulings of a court from a hearing and present them to the court in a one or two page proposed order.  Orders taking the form of the one in this case are difficult to review and enforce. An order in a lawsuit should be worth at least as much as the paper it is printed on.


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