Oral Argument: Peterson v Flare Fittings

I’ve talked about how to prepare for oral argument before, but I’ve never shared an actual oral argument video on this site. DPW Legal now has a YouTube Channel — please subscribe! — and I am pleased to present as our first video the oral argument in Peterson v. Flare Fittings, a case which I won before the Fifth District Court of Appeal back in October. As with all oral arguments, it’s a long video, so get your popcorn ready, or have about 40 minutes to spare. There are notes in the video on how to skip to my argument, if you are so inclined, though it’s helpful to see both sides.

A few thoughts on argument:

• You’ll notice a lot of discussion about an issue that never even got mentioned in the opinion — the due process issues surrounding the timing of the summary judgment hearings. The Court didn’t need to talk about that issue to rule in my client’s favor — and probably would have ruled against him on that issue, since it was an abuse of discretion standard — so just didn’t mention it at all.
• There were three Appellees, and they did not do a good job of watching their time. One Appellee did not get to argue at all.
• At least twice I made sure to ask the Court if they had specific questions they wanted addressed, and when I had made my point, I relied on my written materials and sat down. Never feel the need to talk just to fill space during Oral Argument. Get your points in, answer the judges’ questions, and sit down.

The case again is Peterson v. Flare Fittings, No. 5D13-2235 (Oct. 9. 2015) [.pdf]. For my analysis of the decision, see the original blog post. And you may link to the argument at https://youtu.be/sIME2a5NUv4.