Archive for September 28th, 2013

Expediency, Part Two

Trial courts are under constant pressure to move cases through the [justice system]. All judges are fully aware that unless cases are efficiently processed, the burden of backlog begins to choke, and unwanted delays multiply exponentially. One of our primary functions, however, is to make sure that trials are fair. We cannot lose sight of that laudable goal in the name of expediency.

These were the words of Florida’s First District Court of Appeal earlier this year in Madison v. State, 38 Fla. L. Weekly D 531 (Fla. 1st DCA 2013).  No, it was not a foreclosure case.

Mark Stopa

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The question of expediency is for legislative, not judicial, consideration.  When expediency is allowed to control judicial conclusions, we shall have abandoned government by rule of law in favor of government by rule of men and our legal foundations will be as shifting as the sands and as changing as is the trend of public opinion.

These aren’t my words, but the words of the Florida Supreme Court in Kilgore Groves, Inc. v. Mayo, 139 Fla. 874 (Fla. 1939).

Mark Stopa

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