|
PATRICIA GEALY, VS MIKE DRYBURGH, et al.,
|
3D2023-0122
|
2023-01-23
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-7824
|
Parties
| Name |
MORGHAN MILLER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATRICIA GEALY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CRAIG A. BRAND
|
|
| Name |
MATTHEW IRVIN DOOLITTLE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STUDIO B LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHELLE FISCHER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MIKE DRYBURGH
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Scott M. Behren, SUE-ANN N. ROBINSON, NOAH E. STORCH
|
|
| Name |
TINA LOVETT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-02-20
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-01-30
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition for Writ Dismissed (DA28A) ~ Upon consideration, Respondent Mike Dryburgh’s Motion to Dismiss is granted. Pursuant to sections 57.115 and 56.29, Florida Statutes, the Court awards fees and costs, if any, in favor of the respondent Mike Dryburgh, in an amount to be set by the trial court.
|
|
| Docket Date |
2023-01-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-01-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-01-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO RESPONSE
|
| On Behalf Of |
PATRICIA GEALY
|
|
| Docket Date |
2023-01-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
MIKE DRYBURGH
|
|
| Docket Date |
2023-01-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2023-01-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE IN OPPOSITION TO RESPONDENTS'MOTION TO DISMISS APPEAL (SIC)
|
| On Behalf Of |
PATRICIA GEALY
|
|
| Docket Date |
2023-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
PATRICIA GEALY
|
|
| Docket Date |
2023-01-20
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ RELATED CASES: 22-2131, 22-2117
|
| On Behalf Of |
PATRICIA GEALY
|
|
| Docket Date |
2023-01-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
PATRICIA GEALY
|
|
|
|
KSA ENTERTAINMENT, LLC, et al., VS MIKE DRYBURGH, et al.,
|
3D2022-2131
|
2022-12-12
|
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
17-7824
|
Parties
| Name |
KSA ENTERTAINMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CRAIG A. BRAND
|
|
| Name |
SHARON WEILER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MORGHAN MILLER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MIKE DRYBURGH
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Scott M. Behren, NOAH E. STORCH
|
|
| Name |
MICHELLE FISCHER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TINA LOVETT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MATTHEW IRVIN DOOLITTLE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-20
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-02-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-02-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Granted (OG32) ~ Upon consideration, Appellee Mike Dryburgh’s Motion to Dismiss Appeal is granted. The notice to appear is not a final order appealable in its own right. The Notice of Appeal makes clear that this appeal pertains to the order granting the motion for proceedings supplementary, even though it purports to result from the rendering of the Notice of Appeal entered almost two (2) years later. Pertinent to the instant appeal, because an order granting a motion for proceedings supplementary is not a final judgment, a motion seeking to reconsider (or vacate) would not toll the time to appeal such an order. The notice to appear that resulted from the denial of the motion to vacate similarly does not provide a separate basis for a plenary appeal, nor does it extend the time to appeal the original order. See Bryant v. Wells Fargo Bank, N.A., 182 So. 3d 927, 929-30 (Fla. 3d DCA 2016) (“[W]e note that a motion to vacate pursuant to Rule 1.540(b) cannot be directed toward non-final orders.”); see also Garcia v. Navy Fed. Credit Union, 224 So. 3d 339, 340 (Fla. 5th DCA 2017) (“[A]n order entered on a motion to vacate a non-final order, even where the motion mislabels the non-final order as final, is not reviewable under Florida Rule of Appellate Procedure 9.130(a)(5)”) (quoting Bennett’s Leasing, Inc. v. First St. Mortg. Corp., 870 So. 2d 93, 98 (Fla. 1st DCA 2003); Princess Cruises, Inc. v. Edwards, 611 So. 2d 598 (Fla. 2d DCA 1993).
|
|
| Docket Date |
2023-01-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-01-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO ORDER TO SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2023-01-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANTS' RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2023-01-25
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Appellants shall show cause, within ten (10) days from the date of this Order, as to why the appeal should not be dismissed as one taken from a non-final, non-appealable order. LINDSEY, LOBREE and BOKOR, JJ., concur.
|
|
| Docket Date |
2023-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2023-01-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2023-01-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE IN OPPOSITION TO APPELLEES' MOTIONTO DISMISS APPEAL
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2023-01-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
MIKE DRYBURGH
|
|
| Docket Date |
2022-12-12
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2022-12-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-12-12
|
| 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 December 22, 2022.
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|
|
|
KSA ENTERTAINMENT, LLC, et al., VS MIKE DRYBURGH, et al.,
|
3D2022-2117
|
2022-12-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-7824
|
Parties
| Name |
SHARON WEILER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOHN W. CONRAD
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KSA ENTERTAINMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CRAIG A. BRAND
|
|
| Name |
MICHELLE FISCHER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STUDIO B LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MATTHEW IRVIN DOOLITTLE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MORGHAN MILLER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TINA LOVETT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MIKE DRYBURGH
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
NOAH E. STORCH, Scott M. Behren
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-02-27
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-02-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2023-02-07
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Certiorari Denied (Including Resp & Reply) (DA30) ~ Following review of the Petition for Writ of Certiorari, and the Response and Reply thereto, it is ordered that said Petition is hereby denied. Upon consideration of Respondents’ Request for Attorneys’ Fees, it is ordered that said Request is hereby denied.
|
|
| Docket Date |
2023-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2023-01-19
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONERS' REPLY TO RESPONDENTS' RESPONSE TOPETITION FOR WRIT OF CERTIORARI TO THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2023-01-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONERS' RESPONSE IN OPPOSITION TO RESPONDENTS' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2023-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENTS AMENDED OPPOSITION TO PETITION FOR WRIT OFCERTIORARI
|
| On Behalf Of |
MIKE DRYBURGH
|
|
| Docket Date |
2023-01-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
MIKE DRYBURGH
|
|
| Docket Date |
2023-01-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MIKE DRYBURGH
|
|
| Docket Date |
2023-01-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENTS OPPOSITION TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
MIKE DRYBURGH
|
|
| Docket Date |
2023-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondent Mike Dryburgh's Unopposed Motion for Extension of Time to File a Response to the Petition for Writ of Certiorari is granted to and including ten (10) days from the date of this Order.
|
|
| Docket Date |
2023-01-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ MIKE DRYBURGH's UNOPPOSEDMOTION FOR EXTENSION OF TIME TO FILE RESPONSE BRIEF
|
| On Behalf Of |
MIKE DRYBURGH
|
|
| Docket Date |
2022-12-13
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondents are ordered to file a response, within thirty (30) days from the date of this Order, to the Petition for Writ of Certiorari. Further, a reply may be filed within fifteen (15) days of service of the response.
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2022-12-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-08
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF CERTIORARI TO THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2022-12-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF CERTIORARI TO THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA
|
| On Behalf Of |
KSA ENTERTAINMENT, LLC
|
|
| Docket Date |
2022-12-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
|
