This is a true man-bites-dog story: an real live intelligent, well-reasoned, and persuasive opinion from the 3d DCA. Well, what do you know!
Judge Salter is already having an impact. In an opinion released yesterday, he plainly and simply walks us through the basic law on actual agency relationships, and then, heaven forbid, applies the law directly to the evidence, using specific examples to illustrate the legal principles involved. Shocking!
But I have no idea what Mark Raymond is talking about:
But BDO International attorney Mark Raymond had a different take, claiming the ruling allows BDO to retry the entire case from start to finish.I love Mark, but that is what you call "shining a turd." The opinion could not be more clear:
"[W]e conclude that this record presented genuine and triable issues of material fact regarding the existence (or non-existence) of an actual agency relationship between BDO International and BDO Seidman."Where does it say anything about retrying the entire case? Seems to me all that should be retried is the agency relationship question.