Saturday, September 6, 2014

Framing The Facts In Appellate Opinions

Here's a neat opening line in a decision written by Chief Judge Schwartz of the Third District Court of Appeal in Florida:

"At the end of the proceeding instituted by a financially dissatisfied adopted son, the trial court determined that ninety-four-year-old Louis LeWinter was incapable of fully exercising his rights to manage his property and to consent to medical treatment and appointed a guardian to perform those functions for him." LeWinter v. Guardianship of LeWinter, 606 So. 2d 387 (Fla. 3d DCA 1992).

No surprise to any astute reader, here's the next line: 

"We reverse because there is no competent evidence to support the order."

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