Melissa Azrack, etc., Appellant(s), v. John M. McDonald, etc., Appellee(s).
|
3D2024-2322
|
2024-12-30
|
Open
|
|
Classification |
NOA Final - Circuit Probate - Probate
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-2070-CP-02
|
Parties
Name |
Melissa Azrack
|
Role |
Appellant
|
Status |
Active
|
Representations |
Leslie Rothenberg, Barry Franklin
|
|
Name |
JOHN M. MCDONALD, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Bruce Alan Katzen, Lauren Sara Fallick
|
|
Name |
Hon. Jorge E. Cueto
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-12-30
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
This is to notify counsel for appellant 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 January 9, 2025.
|
View |
View File
|
|
Docket Date |
2024-12-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
|
View |
View File
|
|
Docket Date |
2024-12-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal for 3D2024-2322. Related cases: 24-0642, 24-0487, 23-1920, 23-0483 and 23-0478
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
|
Melissa Azrack, etc., Petitioner(s), v. John M. McDonald, etc., et al., Respondent(s).
|
3D2024-0642
|
2024-04-10
|
Closed
|
|
Classification |
Original Proceedings - Circuit Probate - Prohibition
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-2070-CP-02
|
Parties
Name |
Melissa Azrack
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Leslie Rothenberg, Barry Franklin, Rohan Kelley, Jorja Monique Williams
|
|
Name |
Fred Zeidman
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Jose L. Fernandez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
JOHN M. MCDONALD, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Laura Alton Brown, Shawn Christopher Snyder, Madeleine Elser Gross, Daniel Michael Samson, Bruce Alan Katzen, Alan Jay Kluger, Lauren Sara Fallick, Kalpesh Mehta
|
|
Docket Entries
Docket Date |
2024-06-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-06-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-05-10
|
Type |
Disposition by Opinion
|
Subtype |
Granted
|
Description |
Petition granted.
|
View |
View File
|
|
Docket Date |
2024-05-09
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Respondents' Motion For Attorney's Fees
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-05-08
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Petitioner's Motion For Appellate Attorney's Fees
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-05-08
|
Type |
Response
|
Subtype |
Reply
|
Description |
Petitioner's Reply in Support of Her Emergency Petition for Writ of Prohibition filed on April 9, 2024
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-05-08
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Supplemental Appendix To Petitioner's Reply in Support of Emergency Petition for Writ of Prohibition Filed on April 9, 2024
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-05-08
|
Type |
Order
|
Subtype |
Order
|
Description |
Petitioner's Unopposed Motion for Leave to Exceed Word Count
in Reply Brief is granted as stated in the Motion.
|
View |
View File
|
|
Docket Date |
2024-05-03
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Petitioner's Motion for Leave to Exceed Word Count in Reply Brief
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-04-26
|
Type |
Order
|
Subtype |
Order
|
Description |
Upon consideration, Respondents' Motion for Leave to File an
Amended Response is granted, and the Amended Response to the Petition
for Writ of Prohibition is hereby accepted by the Court.
Petitioner's Agreed Motion for Extension of Time to File a Reply
is hereby granted to and including May 6, 2024. Multiple extensions of time
for the same filing are discouraged. Absent extenuating circumstances,
subsequent requests may be denied.
SCALES, LINDSEY and MILLER, JJ., concur.
|
View |
View File
|
|
Docket Date |
2024-04-25
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Petitioner's Motion Extension of Time To Serve a Reply in Support of her Petition for Writ of Prohibition filed on April 9, 2024
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-04-25
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion for Leave to file an Amended Response to Correct Typographical Errors [Amended Response Attached]
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-04-23
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Respondent's Appendix to Response to Petitioner's Emergency Petition for Writ of Prohibition and Motion to Review the Denial of Petitioner's Motion to Stay
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-04-23
|
Type |
Response
|
Subtype |
Response
|
Description |
Respondents Response to Petitioner's Emergency Petition for Prohibition and Motion to Review the Denial of Petitioner's Motion to Stay
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-04-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Respondents' Motion for Extension of Time to File Response
Brief is hereby granted to and including April 22, 2024. Multiple extensions
of time for the same filing are discouraged. Absent extenuating
circumstances, subsequent requests may be denied.
Petitioner's Motion to Correct Scrivener's Error and to Amend
Case Caption is hereby granted as stated in the Motion.
|
View |
View File
|
|
Docket Date |
2024-04-17
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Respondents' Motion for Extension of Time to File Response
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-04-17
|
Type |
Response
|
Subtype |
Response
|
Description |
The Trial Judge's Response to the Emergency Petition for Writ of Prohibition
|
View |
View File
|
|
Docket Date |
2024-04-17
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Petitioner's Motion to Correct Scrivener's Error and to Amend Case Caption
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-04-16
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-04-10
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-04-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-04-10
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-04-10
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Emergency Petition for Writ of Prohibition and Motion to Review the Denial of Petitioner's Motion to Stay
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-04-10
|
Type |
Petition
|
Subtype |
Petition Prohibition
|
Description |
Emergency Petition for Writ of Prohibition and Motion to Review the Denial of Motion to Stay Cases: 24-0487, 23-2226, 23-1920, 23-1545, 23-0483, 23-0478
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-04-10
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
$300 case filing fee paid through the portal. Batch no. 10883075
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-05-10
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Upon consideration of Petitioner's Motion for Appellate Attorney's Fees, it is ordered that said Motion is granted.
Upon consideration of Respondents' Motion for Appellate Attorney's Fees and Costs, it is ordered that said Motion is conditionally granted pursuant to section 736.1005, Florida Statutes, and remanded to the trial court for a determination in connection therewith.
SCALES, LINDSEY and MILLER, JJ., concur.
|
View |
View File
|
|
Docket Date |
2024-04-10
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Upon review of Petitioner's Emergency Petition for Writ of Prohibition and Motion to Review the Denial of Petitioner's Motion to Stay, it is hereby ordered that the party, if any, opposing the relief requested in the Petition for Writ of Prohibition shall, and the respondent judge may (through General Counsel), show cause as to why the relief requested should not be granted, within five (5) days from the date of this Order. Further, a reply may be filed five (5) days thereafter. This Order stays further proceedings in the lower tribunal
pursuant to Florida Rule of Appellate Procedure 9.100(h).
|
View |
View File
|
|
|
Melissa Azrack, etc., et al., Petitioner(s), v. John M. McDonald, etc., et al., Respondent(s).
|
3D2024-0487
|
2024-03-18
|
Open
|
|
Classification |
Original Proceedings - Circuit Probate - Certiorari
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-2070-CP-02
|
Parties
Name |
Melissa Azrack
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Barry Franklin, Leslie Rothenberg
|
|
Name |
JOHN M. MCDONALD, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Bruce Alan Katzen, Alan Jay Kluger, Lauren Sara Fallick, Kalpesh Mehta, Maia Dombey, Daniel Michael Samson
|
|
Name |
Fred Zeidman
|
Role |
Respondent
|
Status |
Active
|
Representations |
Bruce Alan Katzen, Alan Jay Kluger, Lauren Sara Fallick, Kalpesh Mehta, Maia Dombey, Madeleine Elser Gross
|
|
Name |
Hon. Jose L. Fernandez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-10-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Petitioner Melissa Azrack's Unopposed Motion for an Extension of Time to File a Reply to Respondents' Response to the Petition for Writ of Certiorari is hereby granted to and including January 17, 2025. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-06-18
|
Type |
Order
|
Subtype |
Order on Motion To Abate
|
Description |
Petitioners' status report, filed on June 18, 2024, is noted. Following review of Petitioners' status report, Respondent's Motion to Abate is hereby denied. Respondent (Estate) shall file a response to the Petition for Writ of Certiorari within twenty (20) days from the date of this Order.
|
View |
View File
|
|
Docket Date |
2024-08-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Respondent's Response to Petition for Writ of Certiorari
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-08-05
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Respondent's Response to Petition for Writ of Certiorari
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-08-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Respondents' Motion for Extension of Time to File Response is hereby granted to and including August 2, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-07-31
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Respondent's Motion for Extension of Time to File Response Brief
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-07-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Respondents' Motion for Extension of Time to File Response is hereby granted to and including July 31, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-07-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Respondents' Motion for Extension of Time to File Response Brief
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-07-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Respondents' Motion for Extension of Time to File Response is hereby granted to and including July 26, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-07-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Respondent's Motion for Extension of Time to File Response
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-07-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Respondents' Motion for Extension of Time to File Response is hereby granted to and including July 19, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-07-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Respondent's Motion for Extension of Time to File Response
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-07-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Respondents' Motion for Extension of Time to File Response Brief is hereby granted to and including July 16, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-07-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Respondents' Motion for Extension of Time to File Response Brief
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-06-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Petitioners' Compliance with this Court's May 29,2024 Court Order
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-05-29
|
Type |
Response
|
Subtype |
Response
|
Description |
Petitioner's Response to this Court's May 28, 2024, Court Order as to Respondent's Motion to Abate
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-05-28
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Petitioners are ordered to file a response by 4:00 p.m., on
Wednesday, May 29, 2024, to Respondents' Motion to Abate.
|
View |
View File
|
|
Docket Date |
2024-05-24
|
Type |
Motions Other
|
Subtype |
Motion To Abate
|
Description |
Motion To Abate
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-05-02
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Respondents' Agreed Motion for Extension of Time to File Response Brief is hereby granted to and including May 28, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-05-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
John M. McDonald
|
|
Docket Date |
2024-04-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Respondents' Motion for Extension of Time to File Response Brief is hereby granted to and including May 8, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-04-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Melissa Azrack
|
|
Docket Date |
2024-04-04
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
John M. McDonald
|
|
Docket Date |
2024-03-22
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice of Related Cases
|
On Behalf Of |
Melissa Azrack
|
|
Docket Date |
2024-03-19
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
John M. McDonald
|
|
Docket Date |
2024-03-18
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Respondents are ordered to file a response, within twenty (20) days from the date of this Order, to the Petition for Writ of Certiorari. Further, a reply may be filed five (5) days thereafter.
|
View |
View File
|
|
Docket Date |
2024-03-18
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
John M. McDonald
|
|
Docket Date |
2024-03-18
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-03-18
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Case filing fee $300 paid through the portal. Batch #10647731
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-03-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for petition for writ of certiorari is due.
|
View |
View File
|
|
Docket Date |
2024-03-18
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Petitioner(s), Melissa Azrack's (Individually and in her Representative Capacity) Motion to Tax Appellate Attorneys' Fees and Costs against Respondents
|
On Behalf Of |
Melissa Azrack
|
|
Docket Date |
2024-03-18
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Petitioner(s), Melissa Azrack's (Individually and in her Representative Capacity) Motion for Review of the Probate Court's Denial of Azrack's Motion for Stay Pending Certiorari Review
|
On Behalf Of |
Melissa Azrack
|
|
Docket Date |
2024-03-18
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Petition for Writ of Certiorari
|
On Behalf Of |
Melissa Azrack
|
|
Docket Date |
2024-03-18
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Writ of Certiorari for 3D20-0487. Related cases: 23-2226, 23-1920, 23-0483, 23-0478
|
On Behalf Of |
Melissa Azrack
|
|
Docket Date |
2024-05-29
|
Type |
Order
|
Subtype |
Order on Motion To Abate
|
Description |
Petitioners' Response to this Court's May 28, 2024, Order, filed on May 29, 2024, is noted. Respondents' Motion to Abate is hereby granted, and the appellate proceedings are hereby abated for a period of fifteen (15) days from the date of this Order, and at such time the parties shall provide this
Court with a status report as to whether they are requesting this Court to dismiss the instant petition.
|
View |
View File
|
|
Docket Date |
2025-01-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Appellant, Melissa Azrack's, Motion to Extend Relinquishment of Jurisdiction to the Probate Court for an Additional Sixty (60) Days Beyond Relinquishment Period Granted by this Court on October 31, 2024
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-10-30
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Appellant's Unopposed Motion Extension of Time To Reply To the Estate's Response in Opposition to her Petition for Writ of Certiorari
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-10-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Petitioner Melissa Azrack's Unopposed Motion Extension of Time to File Reply to the Response in Opposition to her Petition for Writ of Certiorari is hereby granted to and including November 18, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating
circumstances, subsequent requests may be denied.
|
View |
View File
|
|
Docket Date |
2024-10-04
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Appellant's Unopposed Motion Extension of Time To Reply To Response in Opposition to her Petition for Writ of Certiorari
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-08-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Petitioner Melissa Azrack's Unopposed Motion Extension of Time to File a Reply to the Response in Opposition to her Petition for Writ of Certiorari is hereby granted to and including October 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 |
2024-08-22
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Unopposed Motion Extension of Time To Reply To Response In Opposition to her Petition for Writ of Certiorari
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-08-16
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Azrack's Notice of Intent to File A Reply to Response to Petition for Writ of Prohibition
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-06-18
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Petitioners' Compliance with this Court's May 29, 2024 Court Order
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
|
Melissa Azrack, etc., Petitioner(s), v. John M. McDonald, etc., et al., Respondent(s).
|
3D2023-2226
|
2023-12-18
|
Closed
|
|
Classification |
Original Proceedings - Circuit Probate - Prohibition
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-2070
|
Parties
Name |
Melissa Azrack
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Barry Scott Franklin
|
|
Name |
Hon. Jose L. Fernandez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
Representations |
Patricia Lynn Gladson
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
JOHN M. MCDONALD, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Bruce Alan Katzen, Alan Jay Kluger, Lauren Sara Fallick, Kalpesh Mehta, Daniel Michael Samson, Madeleine Elser Gross
|
|
Docket Entries
Docket Date |
2024-04-22
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-04-22
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp. w/o Mandate
|
|
Docket Date |
2024-04-02
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
All submissions filed in this case are noted.
Upon consideration of the Petition for Writ of Prohibition, and the Response and Reply thereto, it is ordered that said Petition is hereby denied.
SCALES, LINDSEY and MILLER, JJ., concur.
|
View |
View File
|
|
Docket Date |
2024-03-27
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to the Reply
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-03-27
|
Type |
Response
|
Subtype |
Reply
|
Description |
Petitioner Reply to Respondent's Response to Petition for Writ of Prohibition
|
On Behalf Of |
Melissa Azrack
|
|
Docket Date |
2024-03-19
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-03-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Reply to Response
|
Description |
Petitioner's Motion Extension of Time to File Reply to the Response to the Petition for Writ of Prohibition is hereby granted to and including two (2) weeks from the date of this Order. No further extensions of time will be allowed.
|
View |
View File
|
|
Docket Date |
2024-03-12
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Motion Extension of Time To Reply To Respondents' Response to Petition for Writ of Prohibition filed February 23, 2024
|
On Behalf Of |
Melissa Azrack
|
|
Docket Date |
2024-02-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Reply to Response
|
Description |
Petitioner's Notice of Agreed Extension of Time to File Reply is
treated as an unopposed motion for extension of time to file a reply to the
Response to the Petition for Writ of Prohibition, and the motion is hereby
granted as stated in the Motion.
|
View |
View File
|
|
Docket Date |
2024-02-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time to file Reply
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2024-02-26
|
Type |
Response
|
Subtype |
Response
|
Description |
Respondent's Response to Petition for Writ of Prohibition
|
On Behalf Of |
John M. McDonald
|
|
Docket Date |
2024-02-26
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Respondent's Appendix to response to Petition for Writ of Prohibition
|
On Behalf Of |
John M. McDonald
|
|
Docket Date |
2024-02-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Respondent's Agreed Motion for Extension of Time to File
Response to the Petition for Writ of Prohibition is hereby granted as stated
in the Motion.
|
View |
View File
|
|
Docket Date |
2024-02-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Respondent's Motion for Extension of Time to File Response
|
On Behalf Of |
John M. McDonald
|
|
Docket Date |
2024-02-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Respondent's Agreed Motion for Extension of Time to File a response to the Petition for Writ of Prohibition is hereby granted to and including February 19, 2024.
|
View |
View File
|
|
Docket Date |
2024-02-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-02-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Respondent's Motion for Extension of Time to File Response to
the Petition for Writ of Prohibition is hereby granted as stated in the Motion.
|
View |
View File
|
|
Docket Date |
2024-02-09
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2024-01-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
John M. McDonald
|
|
Docket Date |
2024-01-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Respondent's Agreed Motion for Extension of Time to File
Response to the Petition for Writ of Prohibition is hereby granted to and
including January 29, 2024.
|
View |
View File
|
|
Docket Date |
2024-01-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response Brief
|
On Behalf Of |
John M. McDonald
|
|
Docket Date |
2023-12-18
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Petition for Writ of Prohibition
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2023-12-18
|
Type |
Petition
|
Subtype |
Petition Prohibition
|
Description |
Petition for Writ of Prohibition Cases: 23-1920, 23-1545, 23-483, 23-478
|
On Behalf Of |
Melissa Azrack
|
|
Docket Date |
2023-12-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2023-12-18
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
$300 case filing fee paid through portal. Batch no. 9793207
|
On Behalf Of |
Melissa Azrack
|
|
Docket Date |
2024-01-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Respondent's Agreed Motion for Extension of Time to File
Response to the Petition for Writ of Prohibition is hereby granted as stated
in the Motion.
|
View |
View File
|
|
Docket Date |
2023-12-20
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
The party, if any, opposing the relief requested in the Petition for Writ of Prohibition shall, and the respondent judge may, file a response within twenty (20) days from the date of this Order to the Petition for Writ of Prohibition. Further, a reply may be filed five (5) days thereafter.
|
View |
View File
|
|
Docket Date |
2023-12-18
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
$300 filing fee paid through portal Batch no. 9793207
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
|
Melissa Azrack, etc., Petitioner(s), v. John M. McDonald, etc., et al., Respondent(s).
|
3D2023-1920
|
2023-10-26
|
Closed
|
|
Classification |
Original Proceedings - Circuit Probate - Prohibition
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-2070
|
Parties
Name |
Melissa Azrack
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Barry Scott Franklin
|
|
Name |
Hon. Jose L. Fernandez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
JOHN M. MCDONALD, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Laura Alton Brown, Shawn Christopher Snyder, Bruce Alan Katzen, Alan Jay Kluger, Lauren Sara Fallick, Kalpesh Mehta, Maia Dombey, Barry Ted Shevlin, Scott Elliot Hayden, Heather Anne Carmody, Richard Baron, Daniel Alexander Jones, Rohan Kelley, Jorja Monique Williams, Daniel Michael Samson
|
|
Docket Entries
Docket Date |
2024-01-08
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-01-08
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp. w/o Mandate
|
|
Docket Date |
2023-12-11
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2023-12-11
|
Type |
Response
|
Subtype |
Reply
|
Description |
Reply to Response to Petition for Writ of Prohibition
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2023-12-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Petition for Writ of Prohibition
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2023-12-05
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to the Response
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2023-12-01
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Petitioner's Response in Opposition to the Motion to Strike or ReEstablish a Briefing Schedule is hereby noted.
Upon consideration, Respondents John M. McDonald and Fred
Zeiman's Motion to Strike is hereby granted. Petitioner's Supplement to the
Petition for Writ of Prohibition and Appendix are hereby stricken.
Order on Motion to Strike
|
View |
View File
|
|
Docket Date |
2023-11-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Petitioner Response in opposition to the Estate's November 25, 2023 Motion to Strike or Re-Establish Briefing Schedule
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2023-11-27
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike or Re-Establish a Briefing Schedule
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2023-11-20
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix Petitioner, Azrack's , Supplement to Her Pending for Writ of Prohibition
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2023-11-18
|
Type |
Petition
|
Subtype |
Amended Petition
|
Description |
Amended Petition, Petitioner, Azrack's, Supplement to Her Pending Petition for Writ of Prohibition
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2023-11-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Respondents' Motion for Extension of Time to File Response
Brief is hereby granted to and including November 27, 2023. No further
extensions of time will be allowed.
Order on Motion for Extension of Time to File Response
|
View |
View File
|
|
Docket Date |
2023-11-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Petitioner's Objection to Respondents' Motion for Extension of Time to Respond to this Court's Order to Show Cause on October 27, 2023
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2023-11-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2023-11-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
John M. McDonald
|
View |
View File
|
|
Docket Date |
2023-10-27
|
Type |
Order
|
Subtype |
Quick Response to Petition
|
Description |
The party, if any opposing the relief requested in the Petition for Writ of
Prohibition shall, and the respondent judge may, show cause as to why the relief
requested should not be granted, within twenty (20) days from the date of this Order.
This Order does not stay further proceedings in the lower tribunal. Further, a reply may
be filed five (5) days thereafter.Quick Response to Petition
|
View |
View File
|
|
Docket Date |
2023-10-26
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2023-10-26
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
9329642
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2023-10-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a petition for writ of prohibition is due.
|
View |
View File
|
|
Docket Date |
2023-10-26
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2023-10-26
|
Type |
Petition
|
Subtype |
Petition Prohibition
|
Description |
Petition Prohibition-related cases: 23-1545, 23-483 and 23-478
|
On Behalf Of |
Melissa Azrack
|
View |
View File
|
|
Docket Date |
2023-12-18
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Upon consideration of the Petition for Writ of Prohibition, and the Response and Reply thereto, it is ordered that said Petition is hereby denied.
SCALES, LINDSEY and MILLER, JJ., concur.
|
View |
View File
|
|
|
MELISSA AZRACK, etc., VS JOHN M. MCDONALD, etc.,
|
3D2023-0483
|
2023-03-17
|
Closed
|
|
Classification |
Original Proceedings - Circuit Probate - Prohibition
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-2070
|
Parties
Name |
Hon. Jose L. Fernandez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
MELISSA AZRACK
|
Role |
Appellant
|
Status |
Active
|
Representations |
Barry S. Franklin, Rohan Kelley, Jorja M. Williams
|
|
Name |
JOHN M. MCDONALD, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Bruce A. Katzen, Scott E. Hayden, Maia Dombey, Alan J. Kluger, Patricia Gladson, Laura A. Brown, SHAWN C. SNYDER, Heather A. Carmody, Kalpesh Mehta, Barry T. Shevlin, Richard Baron, MADELEINE E. GROSS, Lauren S. Fallick, Daniel A. Jones
|
|
Docket Entries
Docket Date |
2023-04-10
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2023-04-10
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-03-20
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
JOHN M. MCDONALD
|
|
Docket Date |
2023-03-19
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Prohibition Denied (No Response) (DA32B) ~ Following review of the Petition for Writ of Prohibition, it is ordered that said Petition, which is founded on adverse judicial rulings of the trial court, see Quintas Vazquez v. Smith, 318 So. 3d 579 (Fla. 3d DCA 2021), is hereby denied without prejudice to Petitioner seeking review of the trial court's findings as related to fraud entered in the absence of an evidentiary hearing. See, e.g., Perez v. Maldonato, 324 So. 3d 1011, 1013 (Fla. 3d DCA 2021).MILLER, GORDO, and LOBREE, JJ., concur.
|
|
Docket Date |
2023-03-19
|
Type |
Disposition by Opinion
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2023-03-17
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
MELISSA AZRACK
|
|
Docket Date |
2023-03-17
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-03-17
|
Type |
Petition
|
Subtype |
Petition Prohibition
|
Description |
Petition Prohibition ~ NON-COMPLIANT TIME SENSITIVE PETITION FOR WRIT OF PROHIBITION RELATED CASE: 23-478
|
On Behalf Of |
MELISSA AZRACK
|
|
Docket Date |
2023-03-17
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ ACKNOWLEDGMENT OF NEW CASE WITH ATTACHMENTS.
|
|
|