Orange Blossom Jurisprudence
Publisher: Dragonpublishing.net
Published: April 15, 2007
Language: eng
Format: Paperback
Number of pages: 128
ISBN-13: 9780978966355
Subjects: Constitutional; Jurisprudence; Law / Jurisprudence; Law : Constitutional; Law; Legal Reference / Law Profession
Description: Michael Cavendish has written a book that is a must read for all Florida lawyers and an insightful window into the philosophies of the Florida legal system for nonlawyers. For lawyers, Orange Blossom Jurisprudence offers useful law and useful ideas for law practices. For nonlawyer participants in Florida courts and concerned Florida citizens alike, Orange Blossom Jurisprudence is a quick and interesting read that explains unseen aspects of the Florida legal system.

Orange Blossom Jurisprudence is a collection of five essays that provide insightful guidance on topics unique to Florida. The first essay explores the roots and essence of Florida common law, the lex non scripta, or uncodified law, written by the Florida Supreme Court.

In the second essay Cavendish looks into the role and function of the Florida district courts of appeal and describes their "diagonal authority" over trial courts situated outside of their geographic limits. Writing as practicing lawyers, we suggest that the practical usefulness of the information conveyed in this section of the book alone makes Orange Blossom Jurisprudence well worth its cover price.

The third and fourth essays are narrower in focus, offering examples of the creation of two divergent portions of Florida common law. First up is the timely and ever-evolving matter of the law covering intentional misrepresentation claims arising from residential real estate sales. This essay, originally written prior to the advent of the widespread financial troubles now seen in the Florida real estate market will be picked over by real property buyers and sellers alike as they consider their litigation options. The fourth essay revisits the birth and development within Florida common law of the law of claims for spoliation of evidence.

The final essay addresses a hitherto obscure Florida Supreme Court opinion from the Civil War era that addressed slavery. Cavendish treats the opinion as Florida's own Dred Scott, and does not mince his words, labeling it the "worst judicial opinion ever written in Florida," but simultaneously advances compelling arguments for widespread study of the opinion as an "anticanon."

The chief lesson drawn from the book is that Florida law is especially rich and unique but in need of more attention and study. Any Floridian or lawyer who reads Orange Blossom Jurisprudence is likely to agree, as they enjoy the essays.

Orange Blossom Jurisprudence is published by Dragon Publishing and sells for $11.50. It is available at major online booksellers.

J. Carter Andersen and Shane Ramsey practice with Bush Ross, P.A., in Tampa. Mr. Andersen is a shareholder in the commercial litigation and dispute resolution practice group. Mr. Ramsey is an associate in the bankruptcy and creditors' rights practice group.