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The Beyers' case is now before a County Court Judge in Marathon,
as is the very similar case of
Shands v.
City of Marathon. At the time of the first appeal, the
Shands family was being represented by Pacific Legal Foundation
(PLF). Given the state of the economy, PLF no longer had the
resources to handle taking cases at the trial level, and we have
been substituted for PLF.
June 9, 2010: The 3d DCA ruled in
favor of the Beyers on June 9, 2010, with the following
Opinion. This opinion
also can be read in the box below.
July 13, 2009: During June
and July 2009, Marathon's counsel decided to "stuff the record"
with documents that were never put into evidence below. Needless
to say, we objected. The 3d DCA issued an
order
stating it would expect Marathon's counsel to explain how these
documents were relevant to the Summary Judgment order.
Oral argument was finally had on February 8, 2010.
October 31, 2008: Beyers v. City of Marathon & State of Florida was dismissed
, on statute of limitation grounds, by Circuit Judge David
Audlin. A copy of the recorded final judgment can be read by
clicking here.
The Beyers appealed the final judgment to the Third District
Court of Appeal (3d DCA). The ink was barely dry on the Beyers'
notice of appeal when the 3d DCA ruled in favor of
Shands
and
Collins on December 31, 2008, and we moved for the court to
remand the Beyers' case to the trial court to review "in light
of" the Shands and Collins decisons. The 3d
DCA did not buy into our motion, so the appeal went forward.
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