| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CA013088XX
|
Parties
| Name |
COMMERCIAL MORTGAGE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Wells Fargo Bank, N.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Matthew R. Chait, Jonathan P. Hart, Matthew Scott Sackel, IRA M FEINBERG, STEPHEN T. MAHER, JESSICA LYNN ELLSWORTH, ALFRED A. LASORTE, JR., NEAL KATYAL
|
|
| Name |
ORIX CAPITAL MARKETS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM BEACH MALL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Paul Vizcarrondo, Ben M. Germana, David P. Ackerman, DANA E. FOSTER, GRANT R. MAINLAND
|
|
| Name |
SIMON PALM BEACH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SIMON PROPERTY GROUP, L.P.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEBARTOLO REALTY PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-10-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-10-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-09-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2015-05-12
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2015-04-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that the April 10, 2015, verified motion for permission to appear pro hac vice is granted, and Jessica L. Ellsworth, Esquire, is permitted to appear in this appeal as counsel for appellants.
|
|
| Docket Date |
2015-04-10
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2015-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF RECEIPT OF OA
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2015-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument for Tuesday, May 12, 2015, at 10:00 A.M., 20 minutes per side. The court calendars can be viewed on this court¿s website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA, and pro se parties, are required to file a ¿Notice of Receipt of Oral Argument¿ within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2015-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The motion of Grant R. Mainland, Esq., as pro hac vice counsel for appellees to withdraw as counsel filed December 30, 2014 is hereby granted. This court notes appellees will continue to be represented in this matter by David P. Ackerman and Dana E. Foster of Ackerman, Link & Sartory, P.A. and Paul Vizcarrondo and Ben M. Germana of Wachtell, Lipton, Rosen & Katz.
|
|
| Docket Date |
2014-12-30
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ OF PRO HAC VICE COUNSEL GRANT R. MAINLAND
|
| On Behalf Of |
PALM BEACH MALL, LLC
|
|
| Docket Date |
2014-11-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The verified motion of Judith E. Coleman, Esq., counsel for appellants, to withdraw as co-counsel, filed November 7, 2014 is hereby granted. This court notes that Neal Katyal and Ira M. Feinberg of Hogan Lovells, and Matthew Chait, Alfred A. Lasorte, Jr., and Jonathan Hart of Shutts & Bowen LLP, will remain as counsel for appellants.
|
|
| Docket Date |
2014-11-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2014-11-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO REPLY BRIEF
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2014-11-03
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2014-09-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AE David P. Ackerman 0374350
|
|
| Docket Date |
2014-09-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
PALM BEACH MALL, LLC
|
|
| Docket Date |
2014-05-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Matthew R. Chait 0017657
|
|
| Docket Date |
2014-05-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2014-05-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2014-04-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ONE (1) VOLUME ****IN CONFIDENTIAL FOLDER****
|
|
| Docket Date |
2014-04-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that the March 17, 2014, agreed verified motion for permission to appear pro hac vice is granted, and Grant R. Mainland, Esquire, is permitted to appear in this appeal as counsel for appellee; further,ORDERED that the March 17, 2014, agreed verified motion for permission to appear pro hac vice is granted, and Paul Vizcarrondo, Esquire, is permitted to appear in this appeal as counsel for appellee; further,ORDERED that the March 17, 2014, agreed verified motion for permission to appear pro hac vice is granted, and Ben M. Germana, Esquire, is permitted to appear in this appeal as counsel for appellee.
|
|
| Docket Date |
2014-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellees' (Palm Beach Mall, LLC, Simon Property Group L.P. and Simon Palm Beach, LLC) unopposed motion filed March 18, 2014, to include documents filed under seal in the record on appeal is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemented material in this court within twenty (20) days from the date of this order. Said records are to remain under seal. Appellees shall monitor the supplementation process.
|
|
| Docket Date |
2014-03-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (1) **SEALED - IN CONFIDENTIAL** (per 3/31/14 order)
|
|
| Docket Date |
2014-03-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO INCLUDE DOCUMENTS FILED UNDER SEAL IN THE ROA (GRANTED 3/31/14)
|
| On Behalf Of |
PALM BEACH MALL, LLC
|
|
| Docket Date |
2014-03-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ FOR BEN M. GERMANA
|
| On Behalf Of |
PALM BEACH MALL, LLC
|
|
| Docket Date |
2014-03-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (VOLS. 1 - 71)
|
|
| Docket Date |
2014-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that the February 25, 2013, verified motions for permission to appear pro hac vice are granted, and Judith Coleman, Esquire, Neal Katyal, Esquire and Ira M Feinberg, Esquire, are permitted to appear in this appeal as counsel for appellants.
|
|
| Docket Date |
2014-02-25
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ FOR NEAL KATYAL
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2014-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that the agreed motion to consolidate and schedule filed January 24, 2014, is granted, and the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Fla. R. App. P. 9.110; further, ORDERED that the parties are permitted to file a single initial brief, answer brief and reply brief to address all issues, and if oral argument is permitted by the Court, all issues shall be heard at a single oral argument; further, ORDERED that the Court grants the briefing schedule as proposed in the motion, with Appellant's Initial Brief to be served no later than Tuesday, May 6, 2014; Appellees' Answer Brief shall be served within the 120 day period thereafter as provided by Administrative Order No. 2011-2, the application of which Appellant will not oppose; and Appellant's Reply Brief shall be served within the 60 day period thereafter as provided by Administrative Order No. 2011-2, the application of which Appellees will not oppose.
|
|
| Docket Date |
2014-01-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 14-24 *AND* SET BRIEFING SCHEDULE (GRANTED 2/7/14)
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2014-01-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-12-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2013-12-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
