Lawyer who lost case because of bathroom break wins an appeal

BY DEBRA CASSENS WEISS

A Florida judge should not have barred a lawyer from arguing a summary judgment motion after his bathroom break made him late for the hearing, a state appeals court has ruled.

Florida’s Fourth District Court of Appeal ruled for lawyer Jeff Tomberg of Boynton Beach in a Nov. 16 opinion (PDF) that cited due process concerns, report the Daily Business Review(sub. req.) and Local 10. The court ruled that a Palm Beach County judge abused his discretion when he refused to allow Tomberg to argue the motion and granted summary judgment to his opponent.

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