|
940 Ocean Drive, LLC, Appellant(s), v. Sobe USA, LLC, Appellee(s).
|
3D2022-2238
|
2022-12-30
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-1911
|
Parties
| Name |
940 OCEAN DRIVE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kenneth W. Waterway, Andrew B. Zelmanowitz, Angel A. Cortiñas, Jonathan H Kaskel, JEFFREY S. WERTMAN
|
|
| Name |
SOBE USA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven M. Ebner, RICHARD L. STEINBERG, Richard C. Wolfe, Jamie B. Wasserman
|
|
| Name |
Hon. Valerie R. Manno Schurr
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Acknowledgment
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-03-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
APPELLANT'S CONSOLIDATED REPLY BRIEF
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2024-02-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve the Consolidated Reply Brief-30 days to 3/18/24. (GRANTED)
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Answer Brief
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Consolidate Answer Brief of Appellee
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellee's Unopposed Motion to Supplement the Record on
Appeal, filed on January 16, 2024, is granted, and the record on appeal is
supplemented to include the documents contained in the Appendix to said
Motion.
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Appellee's Unopposed Motion to Supplement Record on Appeal
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Supplemental Appendix to Appellee' Unopposed Motion to Supplement Record on Appeal
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to Serve Answer Brief- 30 days to 01/18/2024 (GRANTED).
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to Appellee's Cross-Motion for Appellate Attorneys Fees
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time-AB-90 days to 12/19/23.
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time and serve Consolidated Answer Brief
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2023-08-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Appellee's Response to Appellant's Motion for Appellate Attorneys' Fees and Cross-Motion for Appellate Attorney's Fees
|
| On Behalf Of |
SOBE USA, LLC
|
|
| Docket Date |
2023-08-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-08-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-08-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2023-08-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2023-06-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellant's Motion for Extension of Time to File the Initial Brief is granted to and including sixty (60) day 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 |
2023-06-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S MOTION FOR A 60-DAY EXTENSION OF TIME TO FILE CONSOLIDATED INITIAL BRIEF WITH NO FURTHER EXTENSIONS
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2023-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 06/19/2023
|
|
| Docket Date |
2023-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2023-04-04
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellant’s Motion to Supplement the Record, filed on March 23, 2023, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the transcripts as stated in said Motion, within twenty (20) days from the date of this Order.
|
|
| Docket Date |
2023-03-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2023-03-17
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated (OR29) ~ This Court’s Order of March 17, 2023, having been inadvertently entered, is hereby vacated.
|
|
| Docket Date |
2023-03-09
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
| Docket Date |
2023-03-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-06
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-01-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of Appellant's Motion to Consolidate, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D22-1323. All filings in the case shall be under case no. 3D22-1323. The parties shall file only one set of briefs under case no. 3D22-1323. Appellant shall file a consolidated initial brief within ninety (90) days from the date of this Order. Briefing deadlines shall otherwise continue pursuant to the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2023-01-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEE'S RESPONSE TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
SOBE USA, LLC
|
|
| Docket Date |
2023-01-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
SOBE USA, LLC
|
|
| Docket Date |
2023-01-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ NOTICE OF RELATED ACTION AND MOTION TO CONSOLIDATE
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2022-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
SOBE USA, LLC
|
|
| Docket Date |
2022-12-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2022-12-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
940 Ocean Drive, LLC, Appellant(s), v. Sobe USA, LLC, Appellee(s).
|
3D2022-1323
|
2022-07-29
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
22-4881
|
Parties
| Name |
940 OCEAN DRIVE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Angel A. Cortiñas, Andrew B. Zelmanowitz, Kenneth W. Waterway, JEFFREY S. WERTMAN
|
|
| Name |
SOBE USA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RICHARD L. STEINBERG, Jamie B. Wasserman, Steven M. Ebner, Richard C. Wolfe, Ricky Polston
|
|
| Name |
Hon. Valerie R. Manno Schurr
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Acknowledgment
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-03-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
APPELLANT'S CONSOLIDATED REPLY BRIEF
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2024-02-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve the Consolidated Reply Brief-30 days to 3/18/24. (GRANTED)
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Answer Brief
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Consolidate Answer Brief of Appellee
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellee's Unopposed Motion to Supplement the Record on
Appeal, filed on January 16, 2024, is granted, and the record on appeal is
supplemented to include the documents contained in the Appendix to said
Motion.
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Appellee's Unopposed Motion to Supplement Record on Appeal
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Supplemental Appendix to Appellee' Unopposed Motion to Supplement Record on Appeal
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time to Serve Answer Brief- 30 days to 01/18/2024 (GRANTED).
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to Appellee's Cross-Motion for Appellate Attorneys Fees
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time-AB-90 days to 12/19/23.
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time and serve Consolidated Answer Brief
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2023-08-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Appellee's Response to Appellant's Motion for Appellate Attorneys' Fees and Cross-Motion for Appellate Attorney's Fees
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2023-08-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-08-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-08-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-08-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-06-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellant's Motion for Extension of Time to File the Initial Brief is granted to and including sixty (60) day 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.
|
| View |
View File
|
|
| Docket Date |
2023-06-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S MOTION FOR A 60-DAY EXTENSION OF TIME TO FILE CONSOLIDATED INITIAL BRIEF WITH NO FURTHER EXTENSIONS
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 06/19/2023
|
|
| Docket Date |
2023-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-04-04
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2023-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellant's Motion to Supplement the Record, filed on March 23, 2023, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the transcripts as stated in said Motion, within twenty (20) days from the date of this Order.
|
| View |
View File
|
|
| Docket Date |
2023-03-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2023-03-17
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated (OR29) ~ This Court's Order of March 17, 2023, having been inadvertently entered, is hereby vacated.
|
| View |
View File
|
|
| Docket Date |
2023-03-09
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
| View |
View File
|
|
| Docket Date |
2023-03-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-06
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-01-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of Appellant's Motion to Consolidate, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D22-1323. All filings in the case shall be under case no. 3D22-1323. The parties shall file only one set of briefs under case no. 3D22-1323. Appellant shall file a consolidated initial brief within ninety (90) days from the date of this Order. Briefing deadlines shall otherwise continue pursuant to the Florida Rules of Appellate Procedure.
|
| View |
View File
|
|
| Docket Date |
2023-01-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2023-01-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEE'S RESPONSE TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
SOBE USA, LLC
|
| View |
View File
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellee is ordered to file a response, within ten (10) days from the date of this Order, to Appellant's Motion to Consolidate.
|
| View |
View File
|
|
| Docket Date |
2023-01-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ NOTICE OF RELATED ACTION AND MOTION TO CONSOLIDATE
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2022-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 2/03/2023
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2022-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANT, 940 OCEAN DRIVE, LLC'SNOTICE OF FILING HEARING TRANSCRIPT DATED JUNE 14, 2022
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2022-10-13
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
| View |
View File
|
|
| Docket Date |
2022-10-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-10-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant's Notice of Filing is hereby noted by the Court. This appeal shall be treated as an appeal from a final order.
|
| View |
View File
|
|
| Docket Date |
2022-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
| View |
View File
|
|
| Docket Date |
2022-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANT'S NOTICE OF FILING TRIAL COURT'S"FINAL JUDGMENT OF DISMISSAL", DATED AUGUST 31, 2022
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2022-08-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of the Response to this Court's Order to Show Cause as to why this appeal should not be dismissed as one taken from a non-final, non-appealable order, and noting that the order on appeal does not actually dismiss the cause of action below, but merely grants a motion to dismiss, this Court concludes that the order on appeal is a non-final, non-appealable order. See Alston v. Florida Ins. Guar. Ass'n, 832 So. 2d 141 (Fla. 1st DCA 2002). Upon the appellant's Motion to Stay this appeal and relinquish jurisdiction to the trial court to enter a final order, the Motion is granted. This appeal is hereby stayed for a period of thirty (30) days from the date of this Order, and jurisdiction is relinquished to the trial court for the purpose of entering a final judgment dismissing the action below, if it is the trial court's intention to do so.
|
|
| Docket Date |
2022-08-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2022-08-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Appellant 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.
|
|
| Docket Date |
2022-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2022-07-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2022-07-29
|
| 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 |
2022-07-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ 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 August 8, 2022.
|
|
|
|
940 OCEAN DRIVE, LLC, VS SOBE USA, LLC,
|
3D2021-1911
|
2021-09-22
|
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
20-1911
|
Parties
| Name |
Hon. Valerie R. Manno Schurr
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
940 OCEAN DRIVE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Andrew B. Zelmanowitz, PAUL S. FIGG, JEFFREY S. WERTMAN, Kenneth W. Waterway
|
|
| Name |
SOBE USA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven M. Ebner, RICHARD L. STEINBERG, Jamie B. Wasserman, Richard C. Wolfe, Julissa Rodriguez
|
|
Docket Entries
| Docket Date |
2021-09-22
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2021-09-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Petitioner's Unopposed Motion for Leave to File a Corrected Petition for Writ of Certiorari and Corrected Appendix is granted. The corrected petition and appendix shall be filed within five (5) days from the date of this Order.
|
|
| Docket Date |
2021-09-24
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ UNOPPOSED MOTION FOR LEAVE TO FILE CORRECTED PETITION FOR WRIT OF CERTIORARI AND CORRECTED APPENDIX TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2021-09-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2021-09-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2021-09-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-03-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-03-01
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-02-09
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Certiorari Denied (Including Resp & Reply) (DA30) ~ Following review of the Corrected Petition for Writ of Certiorari, and the Response and Reply thereto, it is ordered that said Petition is hereby denied. Upon consideration of Respondent’s Motion for Appellate Attorneys’ Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount. Petitioner’s Motion for Appellate Attorneys’ Fees is hereby denied.
|
|
| Docket Date |
2022-02-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-01-31
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITONER'S REPLY IN SUPPORT OFCORRECTED PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2022-01-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ PETITIONER'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2021-12-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Ext-granted to reply to response on pet. (OG01D) ~ Petitioner’s Unopposed Motion for Extension of Time to File a Reply to the Response to the Petition for Writ of Certiorari is granted to and including January 31, 2022.
|
|
| Docket Date |
2021-12-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
SOBE USA, LLC
|
|
| Docket Date |
2021-12-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TOFILE REPLY BRIEF
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2021-11-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT SOBE USA LLC'S RESPONSE TO CORRECTEDPETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
SOBE USA, LLC
|
|
| Docket Date |
2021-11-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
SOBE USA, LLC
|
|
| Docket Date |
2021-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondent’s Unopposed Motion for Extension of Time to File a Response to the Corrected Petition for Writ of Certiorari is granted to and including November 22, 2021.
|
|
| Docket Date |
2021-10-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ RESPONDENT'S UNOPPOSED MOTIONFOR EXTENSION OF TIME TO FILE RESPONSE TOCORRECTED PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
SOBE USA, LLC
|
|
| Docket Date |
2021-10-01
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Petitioner's Corrected Petition for Writ of Certiorari filed on September 29, 2021, is noted. Respondent is ordered to file a response, within twenty (20) days from the date of this Order, to the Corrected Petition for Writ of Certiorari. Petitioner may reply within twenty (20) days after service of Respondent's response.
|
|
| Docket Date |
2021-09-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
| Docket Date |
2021-09-29
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ CORRECTED PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
940 OCEAN DRIVE, LLC,
|
|
|
|
CITY OF MIAMI BEACH, VS 940 OCEAN DRIVE, LLC,
|
3D2011-0030
|
2011-01-05
|
Closed
|
|
| Classification |
NOA Final - Administrative - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Unknown Court
10-184
|
Parties
| Name |
City of Miami Beach
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RHONDA MONTOYA HASAN
|
|
| Name |
940 OCEAN DRIVE LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROBERT S. FINE
|
|
| Name |
RAUL L. RODRIGUEZ
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2011-04-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2011-04-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2011-04-06
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33)
|
|
| Docket Date |
2011-04-06
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2011-03-31
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
City of Miami Beach
|
|
| Docket Date |
2011-02-23
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index ~ to record on appeal
|
|
| Docket Date |
2011-01-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2011-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
City of Miami Beach
|
|
|
