In Summary, Shad Khan Loses Foreclosure Bid for Barnett

[duvalbill]

If the court trial happens.  Which is not likely given the way that the system operates.  In normal circumstances, the Court will extend the time in order for a new legal team to prepare a defense.

Or, since the Mayor's sudden decision to kill all downtown funding (immediately after a well publicized, huge donation from Shad Khan to his organization, it might be that the deal is no longer tenable and all sides will negotiate the fate of the single building.

Under that scenario, its also possible that Atkins himself needs more time to secure the financing delayed by the Mayor's total icing of non Shad Khan related money giveaways downtown.  Having the defense team withdraw would certainly trigger a delay in order for a new legal team to ostensibly prepare a case and extend the time permissible for deals to happen in the meantime.

Or it might be possible that the deal is simply not tenable within the next 24 months as a result of the politics. Again.

If that is the case, then there is a respectable chance that the building will be demolished within 10 years.

There is a 0 percent chance that counsel is attempting to remove itself from this case so Atkins can have more time. There will be a short delay, sure, but the Judge will make a decision on how long they need to get up to speed.

There is a 0% chance that a judge will grant time if this is true, you mean.  Its an often used tactic, but its terrible when you get called on it, as its considered cheating.

Not characterizing this as what is happening in this case, merely commenting on the practice itself, and the idea that there is 0% chance of it.

Besides, there is no indication that Counsel is the one removing itself from the case. Its always possible that Atkins is looking or retained other counsel. In either case, under amicable circumstances, the motion to withdraw would still be submitted. (although usually without the commentary about failure to comply)

Withdrawing as counsel prior to Trial is an often used dilatory tactic?  If that's what you're suggesting, then you're incorrect.

Also, if he retained new counsel, they would have filed an Appearance and there would likely be a stipulation to substitute counsel, not just a motion to withdraw.

[duvalbill]

You're completely out of your element and talking out of your ass.  That's not how it works, and I'm sure I have just a teeny bit more practice in civil litigation than you.  Keep digging those heels in though, champ.

[whyisjohngalt]

My bet is that no deals will go through until property is in Khan's hands. Black eye for all involved but hopefully some of the work that has been done can be salvaged to speed development.

[RattlerGator]

People read a basic response to a procedural motion, the sort filed in most every civil action, and lose their damn minds (because they desire a certain result) when the judge provides an order explaining why the case is going forward. All the judge did was verify that there are legitimate issues for the judge, as the trier of fact, to resolve. Having a legitimate issue doesn't mean you will win or are likely to win. It means, "Okay, you haven't lost at this stage but now you may have to go prove you shouldn't lose." For Shad, as the complaining party, it means your right to foreclosure isn't so cut and dried that the defendant doesn't even get a chance to prove foreclosure shouldn't happen so now you must prove, in detail, why you should win.

The initial heavier burden is on Shad, and the burdens may shift a bit during the course of this lawsuit / trial, but the greater risk is on the other side.

If you're keeping score, and some people clearly are, it's zero-zero right now. That's why now is the time for the real lawyering to occur.

As a fan of Shad Khan, however, I do fear the KYN people -- who clearly screwed him previously -- may have also irreversibly screwed him here. We shall see.

literally a ludicrous post.

Literally, Stephen, literally ? ? ? I mean . . . for realz?

Oopsie !!!

A circuit court judge has ruled in favor of Jacksonville Jaguars owner Shad Khan's Stache Investments in the lengthy foreclosure lawsuit with developer Steve Atkins over the Barnett Bank Building.

I've read you enough on this board to know how difficult the learning enterprise is for you -- whether you're doing your rather unimpressive yawning or not -- but maybe the recent decision by Circuit Judge James Daniel will give you pause to go along with that egg on your face.

[RattlerGator]

Nothing in that order is favorable or unfavorable to either party.

That's some excellent crack you're smoking, then.

Knowledge. Get some.