|
HERMINE RICKETTS, ET AL. VS VILLAGE OF MIAMI SHORES, FLORIDA, ET AL.
|
SC2017-2131
|
2017-12-04
|
Closed
|
|
| 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
3D16-2212
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132013CA036012000001
|
Parties
| Name |
Hermine Ricketts
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Ari Bargil, Michael Bindas
|
|
| Name |
Laurence Carroll
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Miami Shores Code Enforcement
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Barry Perl
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Robert Vickers
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Barry Asmus
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
John Patnik
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BOB SMITH, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Village of Miami Shores, Florida
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
RICHARD J. SARAFAN, Nina Greene
|
|
| Name |
Anthony Flores
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Rod Buenconsejo
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Manny Quiroga
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
EQUALITY FLORIDA INSTITUTE, INC.
|
| Role |
Amicus - Petitioner
|
| Status |
Interim
|
| Representations |
Mr. Andrew D. Manko, Courtney R. Brewer
|
|
| Name |
PACIFIC LEGAL FOUNDATION CORPORATION
|
| Role |
Amicus - Petitioner
|
| Status |
Interim
|
| Representations |
Mark Miller
|
|
| Name |
Hon. Monica Gordo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mary Cay Blanks
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-02-09
|
| 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).
|
|
| Docket Date |
2018-02-02
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ Notice of Intent to File Amicus Brief
|
| On Behalf Of |
Equality Florida Institute, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-01-16
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Respondent's Answer Brief on Jurisdiction
|
| On Behalf Of |
Village of Miami Shores, Florida
|
| View |
View File
|
|
| Docket Date |
2017-12-21
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2017-12-20
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Hermine Ricketts
|
| View |
View File
|
|
| Docket Date |
2017-12-20
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including January 19, 2018, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2017-12-19
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ Respondent's Unopposed Motion for Enlargement of Time to File Respondent's Brief on Jurisdiction
|
| On Behalf Of |
Village of Miami Shores, Florida
|
| View |
View File
|
|
| Docket Date |
2017-12-11
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ Petitioners' Appendix
|
| On Behalf Of |
Hermine Ricketts
|
| View |
View File
|
|
| Docket Date |
2017-12-11
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ Notice of Intent to Seek Leave to File Amicus Curiae Brief of Pacific Legal Foundation, in Support of Petitioners
|
| On Behalf Of |
Pacific Legal Foundation
|
| View |
View File
|
|
| Docket Date |
2017-12-08
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) ~ The motion to appear pro hac vice filed in the above cause by Michael E. Bindas, on behalf of the petitioners, is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on December 7, 2017.
|
|
| Docket Date |
2017-12-08
|
| Type |
Event
|
| Subtype |
Fee Paid-Pro Hac Vice
|
| Description |
FEE PAID-PRO HAC VICE
|
| On Behalf Of |
Hermine Ricketts
|
|
| Docket Date |
2017-12-07
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2017-12-07
|
| Type |
Motion
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ~ Verified Motion for Admission to Appear Pro Hac Vice Pursuant to Florida Rule of Appellate Procedure 9.440(a) and Florida Rule of Judicial Administration 2.510
|
| On Behalf Of |
Hermine Ricketts
|
| View |
View File
|
|
| Docket Date |
2017-12-07
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Pro Hac Vice Fee-100
|
| Description |
PAY PRO HAC VICE FEE-100
|
| On Behalf Of |
Hermine Ricketts
|
| View |
View File
|
|
| Docket Date |
2017-12-07
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL) ~ Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
|
|
| Docket Date |
2017-12-04
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Hermine Ricketts
|
| View |
View File
|
|
| Docket Date |
2017-12-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
MALLARDS COVE, LLP VS FLORDA DEPARTMENT OF TRANSPORTATION, ET AL.
|
SC2015-0474
|
2015-03-13
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
2D13-181
Circuit Court for the Sixth Judicial Circuit, Pasco County
512008CA007689CAAXES
|
Parties
| Name |
MALLARDS COVE, LLP
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Ms. Christa Collins, JACKSON HARRISON BOWMAN, IV
|
|
| Name |
Hon. Paula O'Neil
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
DENNIS J. ALFONSO
|
|
| Name |
FLORIDA DEPARTMENT OF TRANSPORTATION
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
WAYNE WINSTON LAMBERT, JR., GREGORY G. COSTAS, MARC A. PEOPLES
|
|
| Name |
PACIFIC LEGAL FOUNDATION CORPORATION
|
| Role |
Amicus - Petitioner
|
| Status |
Interim
|
| Representations |
Ms. Christina Marie Martin, Mark Miller
|
|
| Name |
Hon. Linda Hobe Babb
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Paula O'Neil
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HON. JAMES BIRKHOLD
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-06-09
|
| Type |
Order
|
| Subtype |
Extension of Time (Response/Reply)
|
| Description |
ORDER-EXT OF TIME GR (RESPONSE) ~ Petitioner's motion for extension of time is granted and petitioner is allowed to and including June 15, 2015, in which to serve its response. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR SERVING THE RESPONSE. All other times are extended accordingly.
|
|
| Docket Date |
2015-06-01
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
MALLARDS COVE, LLP
|
|
| Docket Date |
2015-05-21
|
| Type |
Order
|
| Subtype |
Show Cause (Tag-Decline Juris)
|
| Description |
ORDER-SHOW CAUSE (TAG-DECLINE JURIS) ~ Petitioner shall show cause on or before June 5, 2015, why in light of this Court's decision to deny review in Livingston v. Frank, SC14-2333, this Court should not decline to accept jurisdiction in this case. Respondent may serve a reply on or before June 15, 2015.
|
|
| Docket Date |
2015-05-15
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
FLORIDA DEPARTMENT OF TRANSPORTATION
|
|
| Docket Date |
2015-03-24
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ PACIFIC LEGAL FOUNDATION
|
| On Behalf Of |
Pacific Legal Foundation
|
|
| Docket Date |
2015-06-25
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
REPLY TO RESPONSE ~ FILED AS "RESPONDENTS' JOINT REPLY TO PETITIONER MALLARDS COVE'S RESPONSE TO ORDER TO SHOW CAUSE"
|
| On Behalf Of |
FLORIDA DEPARTMENT OF TRANSPORTATION
|
| View |
View File
|
|
| Docket Date |
2015-09-28
|
| Type |
Disposition
|
| Subtype |
**DISP-REV DY LACK JURIS (TAG CASE)
|
| Description |
DISP-REV DY LACK JURIS (TAG CASE) ~ Upon review of the responses to this Court's order to show cause dated May 21, 2015, the Court has determined that it should decline to accept jurisdiction in this case. The petition for discretionary review is, therefore, denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2015-06-16
|
| Type |
Miscellaneous Document
|
| Subtype |
Certificate of Service (Amended)
|
| Description |
CERTIFICATE OF SERVICE (AMD) ~ TO RESPONSE TO DATED 06/15/2015 "FILED AS NOTICE OF FILING"
|
| On Behalf Of |
MALLARDS COVE, LLP
|
|
| Docket Date |
2015-06-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO ORDER DATED 05/21/2015
|
| On Behalf Of |
MALLARDS COVE, LLP
|
| View |
View File
|
|
| Docket Date |
2015-03-20
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (Tag Case)
|
| Description |
ORDER-STAY PROCEEDINGS FSC (TAG CASE) ~ The proceedings in this Court in the above case are hereby stayed pending disposition of Livingston v. Frank, Case No. SC14-2333, which is pending in this Court.
|
|
| Docket Date |
2015-03-16
|
| Type |
Event
|
| Subtype |
No Fee - State
|
| Description |
No Fee - State
|
|
| Docket Date |
2015-03-16
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2015-03-13
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME ~ PETITIONER'S MOTION TO TOLL TIME PENDING RESOLUTION OF MOTION FOR EXTENSION OF TIME TO SERVE PETITIONER'S BRIEF ON JURISDICTION
|
| On Behalf Of |
MALLARDS COVE, LLP
|
|
| Docket Date |
2015-03-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NS:No Fee - State
|
|
| Docket Date |
2015-03-13
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ & CONSTITUTIONAL CONSTRUCTION
|
| On Behalf Of |
MALLARDS COVE, LLP
|
|
|
|
WILLIAM A. LIVINGSTON VS PAT FRANK, ETC., ET AL.
|
SC2014-2333
|
2014-12-02
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
292011CA009728A001HC
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
2D12-5616
|
Parties
| Name |
WILLIAM A. LIVINGSTON
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Ms. Christa Collins, Stuart C. Markman, Kenneth B. Bell, JACKSON HARRISON BOWMAN, IV, Kristin A. Norse
|
|
| Name |
CITY OF TAMPA, FLORIDA
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jerry M. Gewirtz
|
|
| Name |
Pat Frank
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David M. Caldevilla, DALE KENT BOHNER
|
|
| Name |
PACIFIC LEGAL FOUNDATION CORPORATION
|
| Role |
Amicus - Petitioner
|
| Status |
Interim
|
| Representations |
Ms. Christina Marie Martin, Mark Miller
|
|
| Name |
Hon. James Manly Barton II
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. JAMES BIRKHOLD
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Pat Frank
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-07-29
|
| Type |
Miscellaneous Document
|
| Subtype |
USSC Application Ext of Time
|
| Description |
USSC APPLICATION EXT OF TIME ~ The application for an extension of time within which to file a petitionfor a writ of certiorari in the above-entitled case has been presented toJustice Thomas, who on July 29, 2015, extended the time to and including October 9, 2015. This letter has been sent to those designated on the attached notification list. (REC'D BY FSC 08/10/2015)
|
|
| Docket Date |
2015-07-23
|
| Type |
Miscellaneous Document
|
| Subtype |
USSC Certiorari
|
| Description |
USSC CERTIORARI ~ Application 15A106 filed with USSC
|
|
| Docket Date |
2015-05-13
|
| 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).
|
|
| Docket Date |
2015-01-27
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
Pat Frank
|
|
| Docket Date |
2015-01-02
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondents' "Unopposed Motion for Extension of Time Concerning Answer Brief on Jurisdiction" is granted and respondents are allowed to and including February 12, 2015, in which to serve the jurisdictional answer brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENTS FOR THE FILING OF THE JURISDICTIONAL ANSWER BRIEF. **1/28/15-AMENDED TO REFLECT EXTENSION OF TIME WAS FOR THE JURISDICTIONAL ANSWER BRIEF**
|
|
| Docket Date |
2014-12-29
|
| Type |
Motion
|
| Subtype |
Ext of Time (Answer Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ FILED AS RESPONDENTS' UNOPPOSED MOTION FOR TIME EXTENSIONCONCERNING ANSWER BRIEF ON JURISDICTION
|
| On Behalf Of |
Pat Frank
|
|
| Docket Date |
2014-12-19
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF
|
| On Behalf Of |
WILLIAM A. LIVINGSTON
|
|
| Docket Date |
2014-12-19
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
WILLIAM A. LIVINGSTON
|
|
| Docket Date |
2014-12-09
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
|
| Docket Date |
2014-12-09
|
| 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 December 19, 2014, in which to serve the brief on jurisdiction. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE JURISDICTIONAL BRIEF. All other times will be extended accordingly.
|
|
| Docket Date |
2014-12-08
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ FILED AS NOTICE OF INTENT TO SEEK LEAVE TO FILE AMICUS CURIAE BRIEFOF PACIFIC LEGAL FOUNDATION IN SUPPORT OF PETITIONER
|
| On Behalf Of |
Pacific Legal Foundation
|
|
| Docket Date |
2014-12-05
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
WILLIAM A. LIVINGSTON
|
|
| Docket Date |
2014-12-05
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ DATED 12/2/14 WITH FILING FEE
|
| On Behalf Of |
WILLIAM A. LIVINGSTON
|
|
| Docket Date |
2014-12-03
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including January 2, 2015, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2014-12-03
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2014-12-02
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ & CONSTITUTIONAL CONSTRUCTION
|
| On Behalf Of |
WILLIAM A. LIVINGSTON
|
|
| Docket Date |
2014-12-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
