Comments on: Gelber Wants McCollum to Sue Gov. Crist, Legislature

By: Jose

Jose — Thu, 08 Oct 2009 02:08:42 +0000

Well, Jim, I think the method being employed here is one way in which Constitutional disputes are handled, while you and I know that this is just political posturing, I dont think there is a way to reform this particular type of civil suit without throwing out the baby with the bathwater.

By: JDavis

JDavis — Thu, 08 Oct 2009 01:20:02 +0000

Jose, Absolutely, there is no animosity towards you. But you’re right in that I have zero respect for Jaxoutloud.
If this doesnt fall under the term “tort” I’ll aquiess the point. However, it does illustrate the abuse of the legal system: no matter the actual delineation.

By: Jose

Jose — Wed, 07 Oct 2009 22:36:24 +0000

Jim,
First, I want to be very clear, I absolutely think that this is political posturing, but it does not change the fact that Right Stuff is correct.

This lawsuit is a request for an injunction to force the governor or state government to fulfill a constitutional/legal obligation, it is not a tort. This is not a breach of duty action (which would be negligence), and it is not an intentional tort (which are generally between persons anyways).

Also, I hope your constant sniping at JOL does not represent any sort of resentment towards me. I have none towards you, I enjoy debating with you, in fact.

By: JDavis

JDavis — Wed, 07 Oct 2009 19:26:09 +0000

Right stuff, I’m of the opinion that I used the correct terminology, Gelber is asking to sue for some type of dereliction of duty. Explain to me how that doesn’t fall under tort reform.
That aside, the principle remains the same: this is a political based request. It is important to understand definitions. It is just as important to grasp principles. The failure to do so illustrates a lack of common sense. Agreed?

By: Right Stuff

Right Stuff — Wed, 07 Oct 2009 17:55:11 +0000

A tort is a civil wrong, as opposed to a criminal wrong, not arising from a contractual obligation. Torts may be intentional acts like assault or battery or negligent acts or omissions, like careless driving or medical malpractice.

It is important to know your legal definitions when communicating in a public forum. Tort reform, among other things, places limits on the compensation for damages that an individual or their legal counsel can obtain from the court. In this case it appears that a declaratory judgment is object of the would-be lawsuit. A declaratory judgment is not a damages based judgment

By: JDavis

JDavis — Wed, 07 Oct 2009 17:24:46 +0000

Jaxoutloud= zero credibility

By: JDavis

JDavis — Wed, 07 Oct 2009 17:23:57 +0000

Your first mistake is to use Jaxoutloud as a resource. The blog is a joke.

Secondly, I don’t agree or disagree with the premise that the education system isn’t adaquately financed.
What I do think is this is an example of why Florida, why America needs tort reform. The lawsuite is a political stunt.

By: Frank Drebin

Frank Drebin — Wed, 07 Oct 2009 17:17:19 +0000

All one needs to do is look at posts on here, jaxoutloud, and the times union blogs to know that no money is being spent on edcuation in this state.

McCollum is not that stupid. And Gelber has been in the Senate for how long??? He has had this entire time to make sure this got handled.

By: JDavis

JDavis — Wed, 07 Oct 2009 16:26:26 +0000

Ahh, I was waiting on your response. You are almost always the anti-thesis of my opinion. I hope it doesnt reflect resentment on your part.

I disagree. I think it illustrates why tort reform is needed.

By: Jose

Jose — Wed, 07 Oct 2009 13:47:33 +0000

I dont think this is really related to Tort reform. This looks like a civil action seeking some sort of injunction on the state to comply with procedures.