| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D14-2635
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D15-1049
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D14-3058
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132010CA020071000001
|
Parties
| Name |
Melitina Valiente
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Maria Luisa Rubio, Ramon M. Rodriguez, Roy D. Wasson
|
|
| Name |
Estate of Yunier Herrera, Deceased
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
R.J. BEHAR & COMPANY, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Joseph W. Downs III
|
|
| Name |
MELROSE NURSERY, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Caryn L. Bellus
|
|
| Name |
WILLIAMS PAVING CO., INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Elizabeth A. Izquierdo, Hinda Klein, Luis N. Perez
|
|
| Name |
Hon. Diane Valentina Ward
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Mary Cay Blanks
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-04-08
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).R.J. Behar & Company Inc.'s motion for attorney's fees is granted in the amount of $2,500.00, conditioned on the trial court's determination, at the conclusion of the case, that under Florida Rule of Civil Procedure 1.442, R.J. Behar & Company Inc. is entitled to attorney's fees pursuant to a proposal for settlement.Williams Paving Co., Inc.'s motion for attorney's fees is granted in the amount of $2,500.00, conditioned on the trial court's determination, at the conclusion of the case, that under Florida Rule of Civil Procedure 1.442, Williams Paving Co., Inc. is entitled to attorney's fees pursuant to a proposal for settlement.Melrose Nursery, Inc.'s motion for attorney's fees is granted in the amount of $2,500.00, conditioned on the trial court's determination, at the conclusion of the case, that under Florida Rule of Civil Procedure 1.442, Melrose Nursery, Inc. is entitled to attorney's fees pursuant to a proposal for settlement.
|
|
| Docket Date |
2018-12-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE TO RESPONDENT MELROSE NURSERY,INC.'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Melitina Valiente
|
| View |
View File
|
|
| Docket Date |
2018-12-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Petitioner's Response to Respondent Williams Paving Co., Inc.'s Motion for Appellate Attorney's Fees
|
| On Behalf Of |
Melitina Valiente
|
| View |
View File
|
|
| Docket Date |
2018-12-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Petitioner's Response to Respondent RJ Behar & Company, Inc.'s Motion for Appellate Attorney's Fees.
|
| On Behalf Of |
Melitina Valiente
|
| View |
View File
|
|
| Docket Date |
2018-12-26
|
| Type |
Brief
|
| Subtype |
Juris Answer (Amended)
|
| Description |
JURIS ANSWER AMD BRIEF ~ Amended Responsive Brief on Jurisdiction of Respondent, Melrose Nursery, Inc.
|
| On Behalf Of |
Melrose Nursery, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-12-21
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Respondent Melrose Nursery, Inc.'s jurisdictional answer brief, which was filed with this Court on December 20, 2018, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before January 2, 2019, to file an amended jurisdictional answer brief. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed ten pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation.
|
|
| Docket Date |
2018-12-20
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ Respondent, Melrose Nursery, Inc., Motion for Appellate Attorney's Fees
|
| On Behalf Of |
Melrose Nursery, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-12-20
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Responsive Brief on Jurisdiction of Respondent, Melrose Nursery, Inc. * 12/21/18 Stricken for non-compliance - brief is over 10 pages *
|
| On Behalf Of |
Melrose Nursery, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-12-18
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ RESPONDENT WILLIAMS PAVING CO, INC.'S MOTIONFOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Williams Paving Co., Inc.
|
| View |
View File
|
|
| Docket Date |
2018-12-18
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Respondent Williams Paving Co., Inc.'s Jurisdictional Answer Brief
|
| On Behalf Of |
Williams Paving Co., Inc.
|
| View |
View File
|
|
| Docket Date |
2018-12-17
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ Respondent R.J. Behar & Company Inc.'s Motion for Appellate Attorney's Fees
|
| On Behalf Of |
R.J. Behar & Company, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-12-17
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Respondent R.J. Behar & Company Inc.'s Response To Petitioner's Jurisdictional Brief
|
| On Behalf Of |
R.J. Behar & Company, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-11-28
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ Appendix to Jurisdictional Brief of Petitioner
|
| On Behalf Of |
Melitina Valiente
|
| View |
View File
|
|
| Docket Date |
2018-11-27
|
| Type |
Order
|
| Subtype |
Appendix Due
|
| Description |
ORDER-APPENDIX DUE ~ Petitioner's jurisdictional initial brief was filed with this Court on November 26, 2018, but not accompanied by an appendix pursuant to Florida Rule of Appellate Procedure 9.120(d). Petitioner is directed, on or before December 3, 2018, to file an appendix containing only a copy of the opinion or order of the district court of appeal to be reviewed.
|
|
| Docket Date |
2018-11-26
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ Jurisdictional Brief of Petitioner
|
| On Behalf Of |
Melitina Valiente
|
| View |
View File
|
|
| Docket Date |
2018-10-29
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including November 26, 2018, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
| Docket Date |
2018-10-26
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ Petitioner's Unopposed motion for Enlargement of Time to File Brief on Jurisdiction
|
| On Behalf Of |
Melitina Valiente
|
| View |
View File
|
|
| Docket Date |
2018-10-25
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2018-10-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Melitina Valiente
|
| View |
View File
|
|
| Docket Date |
2018-10-24
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2018-10-18
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Melitina Valiente
|
| View |
View File
|
|
| Docket Date |
2018-10-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
