|
Capital Building LLC, et al., Appellant(s), v. Fortune Ocean, LLLP, et al., Appellee(s).
|
3D2023-1310
|
2023-07-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
12-42957
|
Parties
| Name |
CAPITAL BUILDING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicholas Manuel Vicente, Alan K. Marcus
|
|
| Name |
SPARTAN LENDING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORTUNE OCEAN, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Susan Elizabeth Raffanello, Scott Andrew Hiaasen
|
|
| Name |
FORTUNE DEVELOPMENT SALES CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCEAN RESIDENCES GP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Edgardo Defortuna
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HLB Gravier, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FORTUNE INTERNATIONAL EQUITY CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Fortune International Managment, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
500 BAY LANE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Rafael Garfunkel
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Packard Trading Ltd.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Ocean Group Holdings, S.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sean Rafael Santini
|
|
| Name |
Embert Holdings Limited
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Daniel Biton
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JADE OCEAN CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Mitchell Lee Lundeen, Katherine Marie Martinez
|
|
| Name |
Florida Beach Investment, Corp.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief of Appellant
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2024-09-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Appellees' Response in Opposition to Appellants' Motion for Rehearing, Clarification, Written Opinion, and Certification filed on August 23, 2024, is noted.
Upon consideration, Appellants' Motion for Rehearing, Clarification, Written Opinion, and Certification is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2024-08-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee's Response in Opposition to Appellant's Motion for Rehearing, Clarification, Written Opinion, and Clarification
|
| On Behalf Of |
Fortune Ocean, LLLP
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellants' Motion for Extension of Time to File Motion for Rehearing, Clarification, and Certification is granted to and including August 9, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-07-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to File Motion for Rehearing, Clarification, and Certification
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellants' filing of final judgment is noted. This Court's jurisdiction is resumed.
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Appellant's Status Report Pursuant Order to the Court's April 18, 2024 Order
|
| On Behalf Of |
Fortune Ocean, LLLP
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Appellants' request to extend the relinquishment period is
granted, and jurisdiction of this cause is temporarily relinquished to the trial
court for an additional period of time to and including seven (7) days from
the date of this Order. Appellants shall file a status report with this Court, no
later than seven (7) days from the date of this Order.
|
| View |
View File
|
|
| Docket Date |
2024-04-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Appellant's Status Report Pursuant to the Court's April 1, 2024 Order
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2024-04-01
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Appellants seek to appeal two orders to this Court: (1) a June 23, 2023, order granting a summary judgment motion; and (2) a June 6, 2021, interlocutory order dismissing a complaint without prejudice. While the 2021 nonfinal order may be appealed as part of an appeal of a final order (See Rule 9.110(h)), the 2023 order, merely granting a summary judgment motion, is not a final, appealable order. Libman v. Florida Wellness & Rehabilitation Center, 260 So. 3d 515, 517 (Fla. 3d DCA 2018). We therefore relinquish jurisdiction to the trial court for fifteen (15) days to allow the parties to obtain a final, appealable order. See Rule 9.110(l). Appellants shall file a status report with this Court no later than fifteen (15) days from the date of this Order.
|
| View |
View File
|
|
| Docket Date |
2024-01-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time for Appellants to file Reply Brief-30 days to 2/24/24. (GRANTED)
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Fortune Ocean, LLLP
|
| View |
View File
|
|
| Docket Date |
2023-12-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Errata in Appellants' Initial Brief
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2023-11-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time Answer Brief - 30 days to 12/28/2023 (GRANTED).
|
| On Behalf Of |
Fortune Ocean, LLLP
|
| View |
View File
|
|
| Docket Date |
2023-10-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time - IB - 30 days to 10/27/2023.
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2023-09-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2023-07-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2023-07-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
| View |
View File
|
|
| Docket Date |
2023-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Fortune Ocean, LLLP
|
| View |
View File
|
|
| Docket Date |
2023-07-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before July 30, 2023.
|
| View |
View File
|
|
| Docket Date |
2024-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Upon consideration, Appellees' Motion for Extension of Time to File a Response to Appellants' Motion for Rehearing, Clarification, Written Opinion and Certification is hereby granted to and including September 3, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response to Appellants' Motion for Rehearing, Clarification, Written Opinion and Certification
|
| On Behalf Of |
Fortune Ocean, LLLP
|
| View |
View File
|
|
| Docket Date |
2024-08-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing, Clarification, Written Opinion, and Certification
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
| Docket Date |
2024-02-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Capital Building, LLC
|
| View |
View File
|
|
|
|
CAPITAL BUILDING, LLC, et al., VS FORTUNE OCEAN, LLLP, et al.,
|
3D2021-1420
|
2021-07-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
12-42957
|
Parties
| Name |
SPARTAN LENDING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAPITAL BUILDING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANN M. ST. PETER-GRIFFITH, Alan K. Marcus
|
|
| Name |
OCEAN GROUP HOLDINGS, S.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCEAN RESIDENCES GP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PACKARD TRADING LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA BEACH INVESTMENT, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
500 BAY LANE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FORTUNE INTERNATIONAL EQUITY CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL BITON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FORTUNE DEVELOPMENT SALES CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FORTUNE INTERNATIONAL MANAGEMENT INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JADE OCEAN CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RAFAEL GARFUNKEL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EMBERT HOLDINGS LIMITED
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FORTUNE OCEAN, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Anaeli C. Petisco-Rojas, CHRISTIAN C. KOHLSAAT, Mitchell L. Lundeen, Sean R. Santini, Scott A. Hiaasen, Katherine M. Martinez, Susan E. Raffanello
|
|
| Name |
EDGARDO DEFORTUNA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-31
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellants’ Notice of Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2022-01-31
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-01-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-01-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-01-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
CAPITAL BUILDING, LLC
|
|
| Docket Date |
2022-01-18
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2021-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Ext for relinquishment period granted (OG49C) ~ The Status Report filed on November 15, 2021, is noted. Appellants’ Second Unopposed Motion for Extension of Relinquishment of Jurisdiction is granted, and jurisdiction of this cause is temporarily relinquished to the trial court for an additional period of time to and including December 1, 2021.
|
|
| Docket Date |
2021-11-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
CAPITAL BUILDING, LLC
|
|
| Docket Date |
2021-11-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME OF RELINQUISHMENT OF JURISDICTION TO TRIAL COURT
|
| On Behalf Of |
CAPITAL BUILDING, LLC
|
|
| Docket Date |
2021-11-08
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
File Status Report (OR03) ~ Appellants are ordered to file a status report in this cause within ten (10) days from the date of this Order.
|
|
| Docket Date |
2021-10-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Ext for relinquishment period granted (OG49C) ~ Appellants’ Unopposed Motion to Extend the Period of Relinquishment of Jurisdiction is granted, and jurisdiction of this cause is temporarily relinquished to the trial court for an additional period of time to and including October 21, 2021.
|
|
| Docket Date |
2021-10-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ UNOPPOSED MOTION FOR EXTENSION OF TIME OFRELINQUISHMENT OF JURISDICTION TO TRIAL COURT
|
| On Behalf Of |
CAPITAL BUILDING, LLC
|
|
| Docket Date |
2021-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ A TRANSCRIPT
|
| On Behalf Of |
CAPITAL BUILDING, LLC
|
|
| Docket Date |
2021-09-02
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
| Docket Date |
2021-08-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ Sealed Record
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-08-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of the Response to this Court's July 28,2021, Order to Show Cause, jurisdiction is hereby relinquished to the trialcourt for a period of sixty (60) days from the date of this Order, to giveAppellant an opportunity to seek leave of court to file an amendedcomplaint, or to seek clarification from the trial court as to whether the order of dismissal, without prejudice, was intended to preclude the filing of an amended complaint.
|
|
| Docket Date |
2021-08-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO ORDER TO SHOW CAUSEREGARDING WHY THE APPEAL SHOULD NOT BE DISMISSED ASTAKEN FROM A NON-FINAL, NON-APPEALABLE ORDER
|
| On Behalf Of |
CAPITAL BUILDING, LLC
|
|
| Docket Date |
2021-07-28
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Appellants shall show cause within ten (10) days from the date of this Order why the appeal should not be dismissed as taken from a non-final, non-appealable order.
|
|
| Docket Date |
2021-07-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANTS' DESIGNATION TO APPROVED COURT REPORTER,CIVIL COURT REPORTER, OR APPROVED TRANSCRIPTIONIST, ANDREPORTER'S OR APPROVED TRANSCRIPTIONIST'SACKNOWLEDGEMENT
|
| On Behalf Of |
CAPITAL BUILDING, LLC
|
|
| Docket Date |
2021-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
CAPITAL BUILDING, LLC
|
|
| Docket Date |
2021-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
FORTUNE OCEAN, LLLP
|
|
| Docket Date |
2021-07-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2021-07-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
IVER INVEST & TRADE LTD., INC., et al., VS FORTUNE OCEAN, LLLP, et al.,
|
3D2020-0583
|
2020-03-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-21282
|
Parties
| Name |
OCEAN TOWER HOLDINGS, S.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
IVER INVEST & TRADE LTD. INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Wayne R. Atkins
|
|
| Name |
FORTUNE OCEAN, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
OLGA DE LOS SANTOS, Susan E. Raffanello, Scott A. Hiaasen
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-02-22
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-02-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-02-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court’s own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida, is dismissed for failure to comply with this Court’s Order dated October 16, 2020, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2020-10-16
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2020-06-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-05-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO CORRECT RECORD AND/OR REQUEST FOR JUDICIAL NOTICE
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-04-09
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-04-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Upon consideration, Appellants’ Motion to Consolidate Appeals is granted, and the above-referenced appeals are hereby consolidated for the purpose of traveling together.
|
|
| Docket Date |
2020-04-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-04-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants’ Amended Notice of Appeal is hereby treated as a separate notice of appeal seeking review of the order (or orders) related to the granting of entitlement to attorney’s fees, the determination of the amount of said fees, and the reducing of same to judgment. If appropriate, Appellant may seek to consolidate this appeal with the pending appeal in Case No. 3D19-1659.
|
|
| Docket Date |
2020-04-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before April 11, 2020.
|
|
| Docket Date |
2020-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-03-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2020-03-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
IVER INVEST & TRADE LTD., INC., et al., VS FORTUNE OCEAN, LLLP, et al.,
|
3D2019-1659
|
2019-08-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-21282
|
Parties
| Name |
OCEAN TOWER HOLDINGS, S.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
IVER INVEST & TRADE LTD. INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORTUNE OCEAN, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Scott A. Hiaasen, OLGA DE LOS SANTOS, Susan E. Raffanello
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-11-04
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-10-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-10-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ The Motion for Leave to Withdraw as Counsel is granted, and Douglas H. Stein, P.A., and Douglas H. Stein, Esquire, are withdrawn as counsel for Appellants, and relieved from any further responsibility in this cause. Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed.
|
|
| Docket Date |
2020-10-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-09-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-09-16
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2020-09-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ This cause is removed from the oral argument calendar of Wednesday, September 16, 2020 at 9:30 a.m. Appellants shall show cause, within twenty (20) days from the date of this Order, why this appeal should not be dismissed for failure to retain counsel for this appeal, and for failing to comply with this Court's Order of July 22, 2020.
|
|
| Docket Date |
2020-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument-Video Conference
|
| Description |
Remote OA Notice ~ By previous Order, the above-styled cause has been set for oral argument on FILLIN "Original date and time" WEDNESDAY, SEPTEMBER 16, 2020, at 9:30 o’clock A.M., before the Third District Court of Appeal. The oral argument will take place at the date and time scheduled. However, due to circumstances surrounding the COVID-19 pandemic, the oral argument will not be held at the Third District Court of Appeal. Instead, the oral argument will be held remotely, via the Zoom platform. Attached to this Notice you will find additional instructions for accessing the platform, and for testing your connections thereto. If counsel has not done so, the Notice of Acknowledgment attached to the Notice of Oral Argument must be returned within three (3) days of this Notice. The form also appears at the end of this Notice should you need it. If for any reason counsel is unable to participate remotely, via the Zoom platform, please notify the Court promptly so that other arrangements can be made.The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT TEN (10) Minutes per side to present their arguments.
|
| On Behalf Of |
FORTUNE OCEAN, LLLP
|
|
| Docket Date |
2020-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The Motion for Leave to Withdraw as Counsel is granted, and Xander Law Group, P.A. and Wayne R. Atkins, Esquire, are withdrawn as counsel for Appellants, and relieved from any further responsibility in this cause. Appellants are ordered to obtain counsel, and new counsel shall file a notice of appearance within twenty (20) days from the date of this Order.
|
|
| Docket Date |
2020-07-20
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause has been provisionally set for oral argument on WEDNESDAY, SEPTEMBER 16, 2020, FILLIN "Date and time" \* MERGEFORMAT at 9:30 o’clock A.M., before the Third District Court of Appeal which is located at 2001 S.W. 117 Avenue; Miami, Florida 33175-1716.Counsel must fill out and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT TEN (10) minutes per side to present their arguments. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. No further notice concerning oral argument will be given and all counsel are expected to be in the courtroom at the time stated. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
| Docket Date |
2020-05-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ MOTION TO CORRECT RECORD AND/OR REQUEST FOR JUDICIAL NOTICE
|
| On Behalf Of |
FORTUNE OCEAN, LLLP
|
|
| Docket Date |
2020-05-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-05-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-04-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FORTUNE OCEAN, LLLP
|
|
| Docket Date |
2020-04-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Upon consideration, Appellants’ Motion to Consolidate Appeals is granted, and the above-referenced appeals are hereby consolidated for the purpose of traveling together.
|
|
| Docket Date |
2020-03-30
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ NOTICE OF AMENDED NOTICE OF APPEAL
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellants’ Motion to Supplement the Record, filed on January 31, 2020, is granted, and the record on appeal is supplemented to include the transcript that is attached to said Motion.
|
|
| Docket Date |
2020-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
FORTUNE OCEAN, LLLP
|
|
| Docket Date |
2020-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-45 days to 4/17/20
|
|
| Docket Date |
2020-01-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-01-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-01-31
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2020-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2019-12-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2019-12-10
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The Motion for Leave to Withdraw as Counsel is granted, and Xander Law Group, P.A. and Wayne R. Atkins, Esquire, are withdrawn as counsel for Appellants, and relieved from any further responsibility in this cause.Appellants are granted twenty (20) days from the date of this Orderto appear through a member of The Florida Bar, in default of which this appeal shall be dismissed.
|
|
| Docket Date |
2019-12-06
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2019-11-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-90 days to 1/31/20
|
|
| Docket Date |
2019-11-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANTS' MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2019-08-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before September 9, 2019.
|
|
| Docket Date |
2019-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
IVER INVEST & TRADE LTD., INC.
|
|
| Docket Date |
2019-08-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-08-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
|
