Appellate Practice
Jun. 19, 2009
An Unappealing Process
A recent appellate case should remind lawyers that sometimes, adhering to formal statutory requirements is not optional, write Judith E. Posner and Zareh Jaltorossian.
FOCUS COLUMN
By Judith E. Posner and Zareh Jaltorossian Every litigator is familiar with the time-honored maxim that the law does not exalt form over substance. But litigators also know that this tenet is not universally applied, for sometimes it gives way to an even more revered principle - every rule has an exception. The recent decision in Magana Cathcart McCarthy v. CB Richard Ellis Inc., 2009 DJDAR 7280, by Division 5 of the 2nd Distr...
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