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Reyes Garcia v. Rodriguez, 1st Cir. (1996)
Reyes Garcia v. Rodriguez, 1st Cir. (1996)
_________________________
No. 95-1455
Plaintiffs, Appellees,
v.
Defendant, Appellant.
_________________________
_________________________
Before
_________________________
_________________________
_________________________
_____________
Since appellate
haruspices, they
entrails.
They
are unable
instead must
to decide
cases by
rely on lawyers
below.
A party who
reading goats'
and litigants
to
argumentation with
standards of acceptable
and
thereby jeopardizes
its
appeal.
The
case
at
bar is
I
I
We
sketch
the
underlying
facts
as
best
we
151 (1st
can,
See
___
Cir.
1990).
In
Inc.
1987,
defendant-appellant Rodriguez
(R&D), a general
public
agency,
Puerto Rico
buildings in
Puerto
the Urban
the Puerta de
Without
relevant regulations
entry
into
protuberances
vehicles
Renewal
(the Corporation), to
Rico.
that matter
contractor, executed an
R&D
the
and
Del Valle,
agreement with a
Housing Corporation
renovate several
obtaining the
permission
of
residential
San Juan,
required
by
Housing
facilitated
and heavy
&
Community.
access
machinery,
to
on a road that
Though
the work
the changed
provided
flattening
site
by
configuration
the
R&D's
also
effectively
speed
converted the
racing.
roadway into a
Dismayed
residents
drag strip
soon
for high-
petitioned
the
speed bumps.
foot
intervals
regulations).
The
then
mandated
by
drag-racing ceased
The powers-that-be
applicable
highway
and traffic
100-
safety
slowed to
snail's pace.
R&D was
the
not to be
inconvenienced.
own authority.
the pace
It
again levelled
of traffic accelerated.
site
without restoring
condition.
were
at
the roadway
to its
When
R&D
departed the
original humpbacked
stake.
After
municipality concluded
conducting
that someone
an
investigation,
the
the speed
bumps.
Emperor fiddled.
On
while
various parties
(including R&D and the Corporation) were fencing over who had the
Flores,
his
automobile and
Reyes-Garcia
struck plaintiff-appellee
Maria del
on the sidewalk.
Carmen
The impact
of a limb.
28 U.S.C.
1332(a),
the
plaintiff, by
parties,
the
then a
citizen of
District of
Puerto Rico.1
At
New Jersey,
sued several
trial plaintiff
advanced a
R&D
safety
had
violated
contractors
to seek
highway
permission from
regulation
that
requiring
the municipality
prior to
removing speed bumps, and that R&D's conduct had transgressed the
general duty of
Ann.
tit.
31,
5141 (1991)
(providing
for liability
when a
another party
After
a six-day trial, a
II
II
list
of
statement
legal
of
review, or
brief
procedural rules.
authorities,
the case,
It filed
contain a table of
a pr cis
jurisdictional
of
lacked developed
argumentation,
the issues
a nine-
contents, a
statement,
presented for
eschewed any
meaningful
____________________
1Reyes'
claims.
but we need
citations
references
to pertinent
to
legal authority,
the record
evidence,
failed
to
violated
procedural
prepare
a whole
rules.
a record
and
omitted particularized
did not
To cap matters,
appendix.
In
requirements imposed
See,
___
R.
App. P.
the
the appellant
short, the
series of
e.g., Fed.
____
discuss
brief
by applicable
28(a)(1)-(6),
The plaintiff
R&D responded
opening
brief
(neither
manifold defects
in its
filed a
vital
of
excerpts from
trial motions.
It filed two
original filings).
appendix.
the trial
an index, relevant
unleavened appeal.
which satisfactorily
thirteen-page record
other things,
Spanish
repaired
the
Without consulting
This
record.
addenda to its
submission lacked
It also
lacked, among
notice of
the post-
language,
without
translation.
These
shortcomings
See, e.g.,
___ ____
Fed. R. App.
III
III
Procedural
reasons.
orderliness.
One
rules are
reason
is
important
that
rules
for
ensure
two
overarching
fairness
and
In
both
these
respects
rules
facilitate
the
tri-cornered
communications that link the opposing parties with each other and
functional
orientation:
important
has
framework
essential
for forging
enlightened decisions.
venue,
for example,
rules provide
court,
removed from
the battlefield
fought,
rules
rules are
the
In
an appellate
mechanism by
where the
which the
trial has
been
in context and
respects,
establish
its
failure
thwarts
this effort
and
appellate
substantial
deprives
the
(1st
court
F.3d 8, 10
1555, 1559
F.2d 58, 60
In
this instance
the
second reason
importance.
The deficiencies
pervasive.
its
legal theories
and
is of
paramount
to corroborate
attempt to understand
its factual
averments.
The appellant's
principal claim
is that it
enjoyed a
placed at
shorter
intervals than
regulation.
citation
Therefore,
This
either
prescribed
paralogism,
to
legal
by
the governing
however, is
authority
or
municipal
unsupported by
to
record
any
evidence.
See Ryan v.
___ ____
Royal Ins. Co., 916 F.2d 731, 734 (1st Cir. 1991) ("It is settled
______________
in
this
circuit
perfunctory
manner,
argumentation,
States
______
that
are
issues
unaccompanied
deemed
v. Zannino,
_______
895
to have
F.2d 1,
(explaining
that
contentions of
reasons
and
therefor, with
the
appeal
some
the issues
of
must
cert.
_____
28(a)(5)
contain
the
presented, and
the
authorities, statutes,
To make
any
United
______
(same),
"argument
in
developed
abandoned.");
(1st Cir.)
citations to the
is bereft
on
by
argument
to
been
17
appellate
the appellant on
parts of the
worse,
an
adverted
a bad situation
indicium
that it
was
does
not support
offers
to
the jury
verdict.
the appellant
preserve the
point, and
the fragmented
the
Here, too,
record that
way to tell.
it has
At any rate,
face value.
to
order
at
a remittitur.
Federal
law
governs the
refusal
question of
whether
case.
See Blinzler
___ ________
(1st
law,
appellate review
verdict
of
a trial
is necessarily limited
discretion
in
leaving the
at 30].
court's
award intact.
Under federal
refusal to
to whether the
___
trim
See, e.g.,
___ ____
Ruiz v.
____
record makes
injuries.
Cir. 1987).
and extent of
the plaintiff's
in
damages for
excessive,
a severed
limb and
other injuries
is "grossly
conscience . .
., or so
Correa
______
1995)
69 F.3d 1184,
The appellant's
to a new trial
name
Flores,
form.2
it is entitled
the driver
of the
speeding
record that we
car, on
declined to
the verdict
have before us
does not
and
preserving
the
point
is a
prerequisite
to
a successful
____________________
2The
jury form
driver's negligence
did
permit the
jurors
to find
to exonerate
R&D in that
that
the
cause of the
event.
The
appeal.
456
(1st
Cir.
1992) ("Silence
after
instructions,
including
instructions
on the form
of the verdict
to be
returned by the
a waiver of
any objections.").
all
neglects to
mention the
events, the
important fact
appellant
not a party to
In
singularly
plaintiff had failed properly to serve him, and the appellant had
to implead him.
The appellant
offers no plausible
of none.
rules are
rather,
that
process.
This
canvassed
the
rules
case
lie
near
the
shows why
appellant's
that
epicenter of
is so;
asseverational
the
indeed,
array
judicial
we
mainly
have
to
and
the
rules would
any
intelligently.
No
one
is
hamstring
to review
of the
and
occasional
rules
oversights
that neither
Draconian
issues
party's submissions
consequences.
But major
to
to comprehend and
ordinarily will
not warrant
infractions or
patterns of
fribbling
create unfairness
scrutinize a
the
perfect,
infringements
attempt
. . strict adherence
the
best guarantee
to . . .
of
procedural requirements . . .
evenhanded administration
of the
is
law."
We
hold that a
appellate rules,
in and of itself,
party's persistent
noncompliance with
for failure
F.2d 1322, 1327 (7th Cir. 1989) (observing that failure to comply
with the
F.2d
568, 571
n.3
(1st Cir.
to an appeal); Katz
____
1980)
v. King, 627
____
(warning that
failure
to
observe the rules may "result in the loss of valuable rights" and
an appellant to
timely filing of a
appeals
deems appropriate,
which may
include dismissal
of the
appeal").
at hand.
Appeals must be
with
applicable
test.3
Dismissal
The
is
prosecuted in substantial
procedural rules
violations
here are
plainly warranted.
and
this
nothing
compliance
appeal fails
short of
Accordingly,
that
egregious.
the appeal
is
IV
IV
____________________
10
If the
court of
(authorizing
frivolous
awards of
"just
damages" and
appeals); 28 U.S.C.
("Any attorney
. . .
who so
See Fed. R.
___
App. P. 38
"double costs"
for
1927
in any
satisfy
fees
personally the
reasonably
plaintiff
excess costs,
incurred
urges that
because
this is
of
expenses,
such
an appropriate
and attorneys'
conduct.").
instance for
The
the
We have
their
without
merit."
are aimed at
920
F.2d 1066,
1072
(1st
Cir.
F.2d 383,
1990);
387 (1st
see
___
also
____
Cir. 1991)
like token,
sanctions are
other
litigants
substantially from
INS,
___
counsel from
the rules.
appeals
See,
___
in
(explaining
appeal).
By
of discouraging
by prosecuting
v.
of courts
ways that
and
deviate
e.g., Calderon-Ontiveros v.
____ __________________
809 F.2d 1050, 1053 (5th Cir. 1986) (imposing sanctions for
failure
to comply
with FRAP
the
an appropriate means
Toscano
_______
imposition of
these purposes.
rules); Hamblen
_______
v. County of Los
______________
sanctions may
well serve
either or
Here,
both of
11
In
story, we
order
to ensure
that we
hear
both sides
counsel to prepare,
of the
file, and
serve within two weeks of the date hereof an application for fees
F.2d
(discussing
applications),
contents
of
fee
518,
527
(1st Cir.
together
1991)
with
memorandum of
of the
plaintiff's
request for
sanctions.
Within
two
weeks
same
why sanctions should not be assessed against R&D and its counsel,
jointly and
same
time
severally.
R&D
an affidavit
of
may, if it
its
counsel
so elects, file
commenting
at the
upon
the
We retain
We retain
__________
We
We
__
resolved.
resolved.
________
So Ordered.
So Ordered.
__________
12