[ruoflaw]

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

[LegalEagle61]

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



Nope. If he had, the Schindler's would have been able to enter new evidence...all he did was look at what Greer already did...de novo means "to toss out the old and start anew" this wasn't done

[TAdams8591]

It doesn't look that way.

I'm wondering if the 11th circuit treated it like a DE NOVO complaint.

[Torie]

He treated it as a de novo proceeding, but was trapped by the complaint in deciding the liklihood of success on what was plead, which is an essential element when granting a preliminary injunction.

[Txsleuth]

The way that the "de novo" thingy was explained on TV the other night led me to believe that the case was to start from SCRATCH---new testimony, new evidence, new everything, which would take a long time, not just 14-15 hours or so....

Right?