|
KEYS COUNTRY RESORT, LLC, ET AL. VS 1733 OVERSEAS HIGHWAY, LLC
|
SC2021-1322
|
2021-09-20
|
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
132015CA009538000001
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D20-437
|
Parties
| Name |
KEYS COUNTRY RESORT, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Scott A. Orth
|
|
| Name |
1733-1777 OVERSEAS HIGHWAY, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
1733 OVERSEAS HIGHWAY, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Myriam K. Louis, CARLOS D. LERMAN
|
|
| Name |
Jacqueline Hogan Scola
|
| 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 |
2022-01-06
|
| 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).
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|
| Docket Date |
2021-11-08
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| Type |
Notice
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| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
1733 Overseas Highway, LLC
|
| View |
View File
|
|
| Docket Date |
2021-11-08
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| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
1733 Overseas Highway, LLC
|
| View |
View File
|
|
| Docket Date |
2021-10-11
|
| Type |
Brief
|
| Subtype |
Juris Initial (Amended)
|
| Description |
JURIS INITIAL AMD BRIEF
|
| On Behalf Of |
Keys Country Resort, LLC
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| View |
View File
|
|
| Docket Date |
2021-10-04
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| 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 September 30, 2021, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before October 11, 2021, to file an amended jurisdictional initial brief and appendix which contains in the following order: a cover sheet, a table of contents, a table of citations, a statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service. The appendix shall contain only a copy of the opinion or order of the district court of appeal to be reviewed.
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|
| Docket Date |
2021-09-30
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| Type |
Brief
|
| Subtype |
Juris Initial
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| Description |
JURIS INITIAL BRIEF ~ Petitioner's Initial Brief on Jurisdiction *STRICKEN 10/4/21. Does not contain Statement of the Issues. no appendix.*
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| On Behalf Of |
Keys Country Resort, LLC
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| View |
View File
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|
| Docket Date |
2021-09-21
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| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
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|
| Docket Date |
2021-09-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Keys Country Resort, LLC
|
| View |
View File
|
|
| Docket Date |
2021-09-21
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| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
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|
| Docket Date |
2021-09-20
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| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Keys Country Resort, LLC
|
| View |
View File
|
|
| Docket Date |
2021-09-20
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
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KEYS COUNTRY RESORT, LLC, et al., VS 1733 OVERSEAS HIGHWAY, LLC,
|
3D2020-0437
|
2020-03-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-9538
|
Parties
| Name |
1733-1777 OVERSEAS HIGHWAY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KEYS COUNTRY RESORT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott Alan Orth
|
|
| Name |
1733 OVERSEAS HIGHWAY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL D. KATZ, Jose A. Casal, ERIC L. RAY, Carlos D. Lerman, Blake S. Sando, MYRIAM K. LOUIS, H. Eugene Lindsey, III, JOSEPH M. GOLDSTEIN
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|
| Name |
HON. JACQUELINE HOGAN SCOLA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
John A. Tomasino
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Mot. for Extension of Time to File Reply Brief
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| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-12-28
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2020-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s Motion to Supplement the Record on Appeal, filed on December 9, 2020, is granted, and the record on appeal is supplemented to include the documents that are contained in the Appendix to said Motion.
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| Docket Date |
2020-12-10
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ AB-15 days to 12/29/20
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|
| Docket Date |
2020-12-10
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
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|
| Docket Date |
2020-12-09
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2020-12-09
|
| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
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|
| Docket Date |
2020-10-30
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-45 days to 12/14/20
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|
| Docket Date |
2020-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2020-10-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants’ Motion to Supplement the Record, filed on October 5, 2020, is granted. Appellants are permitted to supplement the record on appeal with the transcripts as stated in the Motion. Appellants’ Motion for Leave to Exceed Page Limitation is granted as stated in the Motion.
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|
| Docket Date |
2020-10-09
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcripts ~ (VOLUME IX)
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-10-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-10-07
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief ~ APPELLANTS' MOTION FOR LEAVE TO EXCEED PAGE LIMITATION
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| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2022-01-06
|
| Type |
Supreme Court
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| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court onjurisdictional briefs and portions of the record deemed necessary toreflect jurisdiction under Article V, Section 3(b), FloridaConstitution, and the Court having determined that it shoulddecline to accept jurisdiction, it is ordered that the petition forreview is denied.No motion for rehearing will be entertained by the Court. SeeFla. R. App. P. 9.330(d)(2).
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|
| Docket Date |
2021-09-21
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2021-09-21
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
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|
| Docket Date |
2021-09-20
|
| Type |
Supreme Court
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| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
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|
| Docket Date |
2021-09-20
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
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|
| Docket Date |
2021-08-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-08-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, Appellants’ Motion for Rehearing, and/or Motion for Certification of Conflict, and/or Motion for Certification of a Question is hereby denied. LOGUE, SCALES and LOBREE, JJ., concur.
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|
| Docket Date |
2021-08-17
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| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANTS' MOTION FOR REHEARING AND/OR MOTION FOR CERTIFICATION OF CONFLICT AND/OR MOTION FOR CERTIFICATION OF A QUESTION OF GREAT PUBLIC IMPORTANCE
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| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
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|
| Docket Date |
2021-08-16
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| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Upon consideration, Appellee’s Motion for Leave to File Response to Appellants’ Motion for Rehearing is granted to including August 26, 2021.
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|
| Docket Date |
2021-08-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S MOTION FOR LEAVE TO FILE RESPONSE TO APPELLANTS' MOTION FOR REHEARING
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2021-07-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ APPELLANTS' MOTION FOR REHEARINGAND/ORMOTION FOR CERTIFICATION OF CONFLICTAND/ORMOTION FOR CERTIFICATION OF A QUESTION OF GREAT PUBLICIMPORTANCE
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2021-07-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2021-06-15
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
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|
| Docket Date |
2021-04-21
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2021-04-19
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| Type |
Notice
|
| Subtype |
Notice of Oral Argument-Video Conference
|
| Description |
Remote OA Notice ~ This cause is hereby provisionally set for oral argument before the Third District Court of Appeal on FILLIN "Original date and time" TUESDAY, JUNE 15, 2021, at 9:30 a.m., with fifteen (15) minutes allowed each side for presentation of oral argument. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. Due to the circumstances surrounding the COVID-19 pandemic, the oral argument will not be held at the courthouse. Instead, the oral argument will be held remotely, via the Zoom platform. Attached to this Notice you will find additional instructions for accessing the platform, and for testing your connections thereto. Each of the attorneys who will argue must return a Notice of Acknowledgment, attached hereto, within three (3) days of this Notice. The Notice has instructions for return.If for any reason counsel is unable to participate remotely, via the Zoom platform, please notify the Court promptly so that other arrangements can be made.The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument.
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| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2021-02-08
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| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2021-02-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2021-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellants’ Motion for Second Extension of Time to File Reply Brief and Leave to Exceed Word Count Limitation is granted as follows. Appellants shall file the reply brief no later than February 8, 2021. The Motion for Leave to Exceed Word Count Limitation is granted to permit a reply brief of no more than 5,000 words.
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|
| Docket Date |
2021-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ Notice of Re-Filing Answer Brief with Omitted Page 47 - brief attached
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2021-02-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ APPELLANTS' MOTION FOR SECOND EXTENSION OF TIMETO FILE REPLY BRIEF AND LEAVE TO EXCEEDWORD COUNT LIMITATION
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2021-01-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellants’ Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including seven (7) days from the date of this Order.
|
|
| Docket Date |
2020-10-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ APPELLANTS' MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-09-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ The Notice of Appearance and Email Designation and Notice of Withdrawal as Counsel for Third Party Defendants, Florida Community Bank, N.A., FCB Keys Country, LLC, and Larry Benton are treated as a motion for substitution of counsel, and the motion is granted.
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|
| Docket Date |
2020-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-09-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellants' Motion for Extension of Time to file the initial brief is granted to and including thirty (30) days from the date of this Order, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
|
|
| Docket Date |
2020-09-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-08-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-08-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 9/10/20
|
|
| Docket Date |
2020-06-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Entry of Order
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-06-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ Sealed Pleading
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-05-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-90 days to 8/11/20
|
|
| Docket Date |
2020-03-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Following review of the Response to the Emergency Motion to Stay, the temporary stay entered on March 9, 2020, is hereby lifted. Upon consideration, the appellant’s Emergency Motion to Stay is hereby denied. EMAS, C.J., and LOGUE and GORDO, JJ., concur.
|
|
| Docket Date |
2020-03-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants 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 March 27, 2020.
|
|
| Docket Date |
2020-03-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT, 1733-1777 OVERSEAS HIGHWAY LLC,'S EMERGENCY MOTION TO STAY
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2020-03-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Upon consideration of Appellant 1733-1777 Overseas Highway, LLC’s Emergency Motion to Stay, the trial court’s February 10, 2020, order is temporarily stayed pending further order of this Court. Appellee is ordered to file a response, within seven (7) days from the date of this Order, to the appellant’s Emergency Motion to Stay. EMAS, C.J., and LOGUE and GORDO, JJ., concur.
|
|
| Docket Date |
2020-03-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANTS' EMERGENCY MOTION TO STAY RE-FORECLOSURE SALE PENDING REVIEW OF THE REFORMATION OF A 2005 MORTGAGE
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-03-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ APPELLANTS' EMERGENCY MOTION TO STAY RE-FORECLOSURE SALE PENDING REVIEW OF THE REFORMATION OF A 2005 MORTGAGE
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-03-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-03-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2020-03-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
|
KEYS COUNTRY RESORT, LLC, etc., et al., VS 1733 OVERSEAS HIGHWAY, LLC., et al.,
|
3D2018-2516
|
2018-12-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-9538
|
Parties
| Name |
1733-1777 OVERSEAS HIGHWAY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KEYS COUNTRY RESORT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott Alan Orth, JAMES E. SAUNDERS, III
|
|
| Name |
1733 OVERSEAS HIGHWAY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomas L. Hunker, H. Eugene Lindsey, III, SERGIO A. BUENO, JOSHUA D. MIRON, Blake S. Sando, Carlos D. Lerman, MICHAEL D. KATZ, MYRIAM K. LOUIS, Michael A. Rosenberg, Jose A. Casal, ERIC L. RAY
|
|
| Name |
HON. JACQUELINE HOGAN SCOLA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-17
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-02-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-01-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, Appellants’ Motion for Rehearing is hereby denied. SALTER, HENDON and LOBREE, JJ., concur.
|
|
| Docket Date |
2020-01-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE THOMAS WRIGHT, ESQ.'S RESPONSE TO APPELLANTS'MOTION FOR REHEARING OF DISMISSAL FOR LACK OFJURISDICTION
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2020-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ NOTICE OF APPELLEE, DIANN DIAMOND, OF ADOPTIONAND JOINDER IN THE RESPONSE OF APPELLEE, THOMAS WRIGHT,ESQ., TO APPELLANTS' MOTION FOR REHEARING OF DISMISSALFOR LACK JURISDICTION
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2020-01-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ APPELLANTS' MOTION FOR REHEARINGOF DISMISSAL FOR LACK OF JURISDICTION
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2020-01-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-01-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon consideration of the jurisdictional sections of the answer and reply briefs, this appeal (or petition for certiorari, if treated as such) is dismissed for lack of jurisdiction. Upon consideration of the appellants’ Motion for Appellate Attorney’s Fees, it is ordered that said Motion is hereby denied.
|
|
| Docket Date |
2019-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ NOTICE OF JOINDER IN THE RESPONSE OF APPELLEE, THOMAS WRIGHT, ESQ.,TO APPELLANTS' MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-11-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE THOMAS WRIGHT, ESQ.'S RESPONSE TO APPELLANTS'MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-10-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-10-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANTS' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-10-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument ~ APPELLANTS' REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellants’ Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including November 15, 2019, with no further extensions allowed.
|
|
| Docket Date |
2019-10-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-10-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Upon consideration, appellants’ motion to recognize the stay or to abate the case is hereby denied. SALTER, FERNANDEZ and LOBREE, JJ., concur.
|
|
| Docket Date |
2019-10-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ APPELLANTS' MOTION TORECOGNIZE STAY OR TO ABATE CASE
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-10-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ The Suggestion of Bankruptcy is noted by the Court. This appeal shall proceed. See Shop in the Grove, Ltd. v. Union Fed. Sav. & Loan Ass’n of Miami, 425 So. 2d 1138 (Fla. 3d DCA 1982).
|
|
| Docket Date |
2019-10-04
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ NOTICE BY APPELLEE JOSIAS DEWEY, ESQ., OF ADOPTION ANDJOINDER IN ANSWER BRIEF OF APPELLEE THOMAS WRIGHT, ESQ.
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-09-17
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ NOTICE BY APPELLEE, DIANN DIAMOND, OF ADOPTION AND JOINDER IN ANSWER BRIEF OF APPELLEE, THOMAS WRIGHT, ESQ.
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-09-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO ANSWER BRIEF
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-09-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellee Thomas Wright’s motion for an extension of time to file the answer brief is granted to and including September 17, 2019.
|
|
| Docket Date |
2019-07-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS= OBJECTION TO APPELLEE=S MOTIONFOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-07-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEE'S MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-07-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellants’ July 12, 2019 motion to supplement the record is granted, and the record on appeal is supplemented to include the documents which are attached to said motion.
|
|
| Docket Date |
2019-07-12
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-06-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment denied (OD49) ~ Following review of appellee’s response, appellants’ motion to relinquish jurisdiction is hereby denied.
|
|
| Docket Date |
2019-05-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANTS'MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-05-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellee is ordered to file a response within five (5) days of the date of this order to the appellants' motion to relinquish jurisdiction.
|
|
| Docket Date |
2019-05-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-05-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 5/17/19
|
|
| Docket Date |
2019-04-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION OF TIMETO FILE INITIAL BRIEF
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 4/17/19.
|
|
| Docket Date |
2019-03-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case ~ amended
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-02-19
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 3/18/19
|
|
| Docket Date |
2019-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2019-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Upon consideration of appellants’ January 22, 2019 motion to supplement the record and/or compel the clerk to complete record, the motion to supplement the record is granted. The record on appeal is supplemented to include the document which is attached to said motion.
|
|
| Docket Date |
2019-01-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ and/or compel
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2018-12-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellants 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before December 30, 2018.
|
|
| Docket Date |
2018-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2018-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2018-12-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC
|
|
| Docket Date |
2018-12-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
|
|
KEYS COUNTRY RESORT, LLC., et al., VS 1733 OVERSEAS HIGHWAY, LLC.,
|
3D2018-1013
|
2018-05-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-9538
|
Parties
| Name |
KEYS COUNTRY RESORT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott Alan Orth
|
|
| Name |
1733-1777 OVERSEAS HIGHWAY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HON. JACQUELINE HOGAN SCOLA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
1733 OVERSEAS HIGHWAY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MYRIAM K. LOUIS, MICHAEL D. KATZ, Jose A. Casal, JOSHUA D. MIRON, H. Eugene Lindsey, III, ERIC L. RAY, Blake S. Sando, Carlos D. Lerman, CHRISTOPHER KIP SCHWARTZ, JAMES E. SAUNDERS, III
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2018-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED. PRIOR CASE: 16-2423
|
|
| Docket Date |
2018-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Upon consideration, appellants’ motion for stay of foreclosure sale scheduled for May 22, 2018 is hereby denied. ROTHENBERG, C.J., and SUAREZ and LAGOA, JJ., concur.
|
|
| Docket Date |
2019-04-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-04-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-04-10
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of appellants’ motion for sanctions, it is ordered that said motion is hereby denied.
|
|
| Docket Date |
2019-04-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
| Docket Date |
2019-03-13
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2019-02-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to AA's motion for sanctions. (Corrected)
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellee’s motion for extension of time to file a response to the appellants’ motion for sanctions is granted to and including February 28, 2019.
|
|
| Docket Date |
2019-02-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ to aa motion for sanctions
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2019-02-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANTS' MOTION FOR SANCTIONS
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2018-08-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Upon consideration of appellants’ August 9, 2018 motion to supplement the record and/or compel a complete record, the motion to supplement the record is granted. The clerk of the trial court is directed to supplement the record on appeal with the documents as stated in said motion.
|
|
| Docket Date |
2018-08-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2018-08-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2019-01-15
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2019-01-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants’ unopposed motion for leave to exceed page limitation is granted as stated in the motion.
|
|
| Docket Date |
2019-01-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2019-01-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ Motion for leave to exceed page limitation
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2019-01-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2018-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2018-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB-30 days to 1/7/19
|
|
| Docket Date |
2018-11-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ANSWER BRIEF OF APPELLEE,1733 OVERSEAS HIGHWAY, LLC
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2018-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-45 days to 11/19/18
|
|
| Docket Date |
2018-09-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
1733 OVERSEAS HIGHWAY, LLC
|
|
| Docket Date |
2018-09-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants’ unopposed motion for leave to exceed page limitation is granted, and the enlarged initial brief filed on September 14, 2018 is accepted by the Court.
|
|
| Docket Date |
2018-09-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO EXCEED PAGE LIMITATION. (Unopposed)
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2018-09-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to initial brief.
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2018-09-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2018-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-7 days to 7/14/18
|
|
| Docket Date |
2018-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2018-08-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
|
| Docket Date |
2018-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-45 days to 9/7/18
|
|
| Docket Date |
2018-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2018-05-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellants 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before June 8, 2018.
|
|
| Docket Date |
2018-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
|
| Docket Date |
2018-05-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2018-05-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
KEYS COUNTRY RESORT, LLC., et al. VS FLORIDA COMMUNITY BANK, N.A., et al.
|
3D2016-2423
|
2016-10-27
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-9538
|
Parties
| Name |
1733-1777 OVERSEAS HIGHWAY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KEYS COUNTRY RESORT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott Alan Orth
|
|
| Name |
FLORIDA COMMUNITY BANK, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOSHUA D. MIRON, H. Eugene Lindsey, III, Carlos D. Lerman, Jose A. Casal, JAMES E. SAUNDERS, III, Scott A. Cole, Blake S. Sando, MYRIAM K. LOUIS, ERIC L. RAY, Daniel M. Schwarz, MICHAEL D. KATZ
|
|
| Name |
HON. JACQUELINE HOGAN SCOLA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-03-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-03-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Reconsideration denied (OD57C) ~ Upon consideration, petitioners¿ motion for reconsideration of the dismissal of the petition for writ of certiorari is hereby denied. LAGOA, FERNANDEZ and SCALES, JJ., concur.
|
|
| Docket Date |
2017-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOTION FOR RECONSIDERATION
|
| On Behalf Of |
FLORIDA COMMUNITY BANK, N.A.
|
|
| Docket Date |
2017-01-30
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ OF THE DISMISSAL
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2017-01-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Authored Opinion
|
|
| Docket Date |
2017-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of appellee Thomas Wright, Esq.'s motion for appellate attorneys' fees, it is ordered that said motion is conditionally granted (pending ultimately prevailing in the case) and remanded to the trial court to fix amount pursuant to section 817.535(8)(c), Florida Statutes.
|
|
| Docket Date |
2016-12-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to AE's motion to dismiss appeal.
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2016-12-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FLORIDA COMMUNITY BANK, N.A.
|
|
| Docket Date |
2016-12-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
FLORIDA COMMUNITY BANK, N.A.
|
|
| Docket Date |
2016-12-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
FLORIDA COMMUNITY BANK, N.A.
|
|
| Docket Date |
2016-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FLORIDA COMMUNITY BANK, N.A.
|
|
| Docket Date |
2016-11-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to initial brief.
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2016-11-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2016-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellants¿ motion for an extension of time to file the initial brief is granted to and including November 14, 2016.
|
|
| Docket Date |
2016-11-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2016-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KEYS COUNTRY RESORT, LLC.
|
|
| Docket Date |
2016-10-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-10-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
|
|
|
|
KEYS COUNTRY RESORT, LLC, etc., et al., VS FLORIDA COMMUNITY BANK, N.A., etc.,
|
3D2014-0846
|
2014-04-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
09-74204
|
Parties
| Name |
ROBIN SEGALL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Martin G. McCarthy
|
|
| Name |
SANDY SEGALL
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KEYS COUNTRY RESORT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FLORIDA COMMUNITY BANK, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PREMIER AMERICAN BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Scott Alan Orth, LAWRENCE M. SCHANTZ, JAMES E. SAUNDERS, III, PETER M. BERNHARDT, TODD R. FRIEDMAN
|
|
| Name |
Hon. Daryl E. Trawick
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-05-30
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2014-05-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-05-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-05-30
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellants' notice of voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
| Docket Date |
2014-05-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
ROBIN SEGALL
|
|
| Docket Date |
2014-04-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Corrected.
|
|
| Docket Date |
2014-04-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellants 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before May 2, 2014.
|
|
| Docket Date |
2014-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Certified.
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2014-04-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee is due immediately.
|
|
| Docket Date |
2014-04-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Not certified.
|
| On Behalf Of |
ROBIN SEGALL
|
|
| Docket Date |
2014-04-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
