Legal Opinion · Dissent

Valdes-Fauli v. Valdes-Fauli

District Court of Appeal of Florida

Decided February 17, 2005No. 3D04-2079Published

1DissentSchwartz, C.J.

In my opinion, the majority has reached a terrible result. It exemplifies just what seven of us2 so roundly condemned in Kopel v. Kopel, 832 So.2d 108 (Fla. 3d DCA 2002)(Schwartz, C.J., specially concurring), review denied, 848 So.2d 1154 (Fla.2003):

The appellate attitude that a trial judge may, if sufficiently unobtrusive, be seen, but rarely heard, has- been reflected in several recent decisions which are in denigration of her proper function as an active participant in the search for truth, but cf. Sparks v. State, 740 So.2d 33 (Fla. 1st DCA 1999)(eonvietion reversed because, at bench…

2Cases cited17 opinions

  1. Murphy v. International Robotic Systems, Inc.Supreme Court of Florida · 2000
  2. Borden, Inc. v. YoungDistrict Court of Appeal of Florida · 1985
  3. Chastine v. BroomeDistrict Court of Appeal of Florida · 1993
  4. Sparks v. StateDistrict Court of Appeal of Florida · 1999
  5. Perriman v. StateSupreme Court of Florida · 1999

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