| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-3289
|
Parties
| Name |
Department of Children and Families
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANDREW J. MCGINLEY
|
|
| Name |
THE NEW YORK TIMES COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST AMENDMENT FOUNDATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE MCCLATCHY COMPANY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dana J. McElroy, CAROL JEAN LOCICERO, MARK R. CARAMANICA
|
|
| Name |
FLORIDA PRESS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WPLG, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TIMES PUBLISHING COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GANNETT CO., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRAHAM MEDIA GROUP, FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCC COMMUNICATIONS, THE FLORIDA STAR NEWSPAPER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE ASSOCIATED PRESS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRAHAM MEDIA GROUP, ORLANDO, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCRIPPS MEDIA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barbara Areces
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-20
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-11-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-11-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon consideration of Appellees’ Motion to Dismiss Appeal for Lack of Jurisdiction, and the Response thereto (filed late without leave or justification), the Court determines that the order on appeal is not a final, appealable order. Appellant’s counterclaim is inextricably intertwined with Appellees’ public records claim. The Court therefore lacks jurisdiction to review the challenged order, and hereby dismisses the appeal without prejudice. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974); see also Almacenes El Globo De Quito v. Dalbeta L.C., 181 So. 3d 559, 562 (Fla. 3d DCA 2015) (“If all claims arise from the same set of facts, an order resolving fewer than all of the counts is not appealable under Rule 9.110(k).”). Appellees’ Motion to Strike Appellant’s Response to Motion to Dismiss, or in the Alternative, for an Extension to File Reply is hereby denied as moot. Appellees’ Motion for Attorney’s Fees Incurred on Appeal is conditionally granted, and the matter is remanded to the trial court.
|
|
| Docket Date |
2021-11-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLEES' MOTION TO STRIKE APPELLANT'S RESPONSETO MOTION TO DISMISS, OR IN THE ALTERNATIVE, FOR ANEXTENSION TO FILE REPLY
|
| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-11-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' MOTION TO DISMISS
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S INITITIAL BRIEF
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellant is ordered to file a response on or before November22, 2021, to the Motion to Dismiss Appeal for Lack of Jurisdiction.Appellees may file a reply within twenty-four (24) hours of the filing of theresponse.
|
|
| Docket Date |
2021-11-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-11-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES' MOTION FOR ATTORNEY'SFEES INCURRED ON APPEAL
|
| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-11-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Expedite
|
| Description |
Motion to expedite granted (OG08) ~ Appellees' Motion for Expedited Consideration is herebygranted. The initial brief shall be filed within twenty (20) days from the dateof this Order. The answer brief shall be filed within fifteen (15) days ofservice of the initial brief. The reply brief may be filed within seven (7) daysof service of the answer brief.
|
|
| Docket Date |
2021-11-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' MOTION FOR EXPEDITED CONSIDERATION
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-11-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellant is ordered to file a response by noon on Tuesday, November 2, 2021, to the Motion for Expedited Consideration.
|
|
| Docket Date |
2021-10-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEES' MOTION TO DISMISS APPEALFOR LACK OF JURISDICTION
|
| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-10-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEES' MOTION TO DISMISS APPEALFOR LACK OF JURISDICTION
|
| On Behalf Of |
THE MCCLATCHY COMPANY, LLC
|
|
| Docket Date |
2021-10-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Department of Children and Families
|
|
| Docket Date |
2021-10-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW1:Waived-9.430
|
|
| Docket Date |
2021-10-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
| 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
132007CA006404000001
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D17-2805
|
Parties
| Name |
Post-Newsweek Stations, Florida, Inc.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Timothy J. McGinn, THOMAS RICHARD JULIN, KAREN WILLIAMS KAMMER
|
|
| Name |
Herbert Cousins
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Mr. Juan Ramirez Jr., Eduardo Gomez
|
|
| Name |
GRAHAM MEDIA GROUP, ORLANDO, INC.
|
| Role |
Amicus - Petitioner
|
| Status |
Interim
|
|
| Name |
D/B/A WKMG-TV6, Orlando
|
| Role |
Amicus - Petitioner
|
| Status |
Interim
|
|
| Name |
GRAHAM MEDIA GROUP, FLORIDA, INC.
|
| Role |
Amicus - Petitioner
|
| Status |
Interim
|
| Representations |
Edward Louis Birk, Jack A. Kirschenbaum
|
|
| Name |
D/B/A WJXT-TV4, Jacksonville
|
| Role |
Amicus - Petitioner
|
| Status |
Interim
|
|
| Name |
Hon. Reemberto Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-10-02
|
| 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 |
2019-07-17
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Answer Brief on Jurisdiction
|
| On Behalf Of |
Herbert Cousins
|
| View |
View File
|
|
| Docket Date |
2019-07-01
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
| On Behalf Of |
Graham Media Group, Florida, Inc.
|
| View |
View File
|
|
| Docket Date |
2019-06-26
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2019-06-26
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's jurisdictional initial brief, which was filed with this Court on June 25, 2019, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before July 3, 2019, to file an amended jurisdictional 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 the 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 |
2019-06-26
|
| Type |
Brief
|
| Subtype |
Juris Initial (Amended)
|
| Description |
JURIS INITIAL AMD BRIEF ~ Amended Brief on Jurisdiction of Petitioner Post-Newsweek Stations Florida, Inc. and Its Successor in Interest, WPLG, INC., Pursuant to Rules 9.210(d) and 9.030(a)(2)(A)(iv) of the Florida Rules of Appellate Procedure
|
| On Behalf Of |
Post-Newsweek Stations, Florida, Inc.
|
| View |
View File
|
|
| Docket Date |
2019-06-25
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ Appendix to Brief on Jurisdiction of Petitioner Post-Newsweek Stations Florida, Inc., and Its Successor in Interest, WPLG, Inc., Pursuant to Rules 9.120 (d) and 9.030 (a) (2) (A) (iv) of the Florida Rules of Appellate Procedure
|
| On Behalf Of |
Post-Newsweek Stations, Florida, Inc.
|
| View |
View File
|
|
| Docket Date |
2019-06-25
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2019-06-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Post-Newsweek Stations, Florida, Inc.
|
| View |
View File
|
|
| Docket Date |
2019-06-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-06-20
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Post-Newsweek Stations, Florida, Inc.
|
| View |
View File
|
|
|
