Davi Nails Salon and Spa, L.L.C. v. Hai Do and Hang Doan
The Second DCA affirmed a final judgment for commercial tenants in a lease dispute without further comment on the merits, but wrote separately to condemn the misuse of notices of supplemental authority under Florida Rule of Appellate Procedure 9.225. Appellees filed two notices listing ten items on the eve of oral argument, citing long-existing statutes, rules, and decades-old cases that added nothing to the briefing. The court held such notices are appropriate only for authorities 'discovered after service of the party's last brief' and urged the Appellate Rules Committee to consider an express limitation on the practice.
Key facts
- Davi Nails Salon and Spa, L.L.C. appealed a final judgment in a commercial lease dispute against tenants Hai Do and Hang Doan.
- The Second District Court of Appeal affirmed the judgment for the commercial tenants without addressing the merits.
- +2 more key facts with a free trial
Why it matters
This is a rare published admonition on Rule 9.225 practice that appellate counsel should heed: last-minute notices dumping old authority on the panel before oral argument risk judicial displeasure and accomplish… — full analysis with a trial
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