[Torie]

Gibbs framed the complaint, already written probably sometime ago before the new de novo law, in the nature of an appeal, rather than in the nature of a de novo complaint. It is irrelevant what Greer did or did not do. Whittmore literally screamed out the roadmap for Gibbs. Gibbs needs to contact his malpractice carrier.

[ruoflaw]

Do you think that Wittmore treated the case as a de novo complaint?

[Cboldt]

Whittmore literally screamed out the roadmap for Gibbs.

See, e.g., FN 3.

[churchillbuff]

Gibbs framed the complaint, already written probably sometime ago before the new de novo law, in the nature of an appeal,

I haven't read the ruling or his complaint. Did he name a defendant - and if so, who? I'm inferring from your comment that he named Greer, (as an appellee, as it were?)

[george wythe]

Whittmore literally screamed out the roadmap for Gibbs. Gibbs needs to contact his malpractice carrier.

That first footnote on Whittmore's opinion says it all. Gibbs did not connect the legal dots needed to create a successful argument.

I hope the appeal to the SCOTUS is better prepared.