| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-28336
|
Parties
| Name |
SARASOTA COMMONS, LTD.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ricardo A. Reyes, DAVID H. HAFT
|
|
| Name |
FITNESS INTERNATIONAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MATTHEW R. CHAIT, SEAN M. SMITH
|
|
| Name |
HON. MICHAEL A. HANZMAN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-02-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-02-28
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2018-02-08
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Granted (OG29) ~ Before us is a writ of prohibition filed by Petitioner, Sarasota Commons, Ltd., for review of the trial court's denial of its motion for disqualification of the trial judge. A trial court "cannot insert its own views regarding the facts or the motivations of the parties but 'must review the motion from the litigant's perspective.'" Messianu v. Pigna, 180 So. 3d 229, 230 (Fla. 3d DCA 2015) (quoting Jimenez v. Ratine, 954 So. 2d 706, 708 (Fla. 2d DCA 2007)). Although we have concluded that the grounds alleged in Petitioner's motion for disqualification are legally insufficient, "by delving into how Petitioner['s] concerns purportedly emanated, the trial court ran afoul of the directive in rule 2.330(f) — i.e., that the trial court's order evaluate only the legal sufficiency of the motion and state 'no other reason for denial.'" Id.; Fla. R. Jud. Admin. 2.330(f) ("If any motion is legally insufficient, an order denying the motion shall immediately be entered. No other reason for denial shall be stated, and an order of denial shall not take issue with the motion."). We withhold formal issuance of the writ, confident that the trial judge will promptly issue an order of disqualification.
|
|
| Docket Date |
2018-02-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2018-02-02
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ to the response
|
| On Behalf Of |
SARASOTA COMMONS, LTD.
|
|
| Docket Date |
2018-01-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to petition for writ of prohibition.
|
| On Behalf Of |
Fitness International, LLC
|
|
| Docket Date |
2018-01-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ in support of response to petition for writ of prohibition.
|
| On Behalf Of |
Fitness International, LLC
|
|
| Docket Date |
2018-01-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Supplemental
|
| On Behalf Of |
SARASOTA COMMONS, LTD.
|
|
| Docket Date |
2018-01-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ Counsel for petitioner is ordered to pay the required three hundred ($300.00) dollar fee to the Clerk of the Court on or before February 4, 2018.
|
|
| Docket Date |
2018-01-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
SARASOTA COMMONS, LTD.
|
|
| Docket Date |
2018-01-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for a petition is due.
|
|
| Docket Date |
2018-01-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-23
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order a Response - Prohibition (OR12K) ~ Fitness International, LLC shall, and the respondent judge may, file a response to the petition for writ of prohibition within seven (7) days from the date of this order. This order does not stay further proceedings in the lower tribunal. Petitioner may file a reply within three (3) days thereafter. LOGUE, SCALES and LINDSEY, JJ., concur.
|
|
| Docket Date |
2018-01-23
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
SARASOTA COMMONS, LTD.
|
|
|
