POAH Cutler Manor, LLC, d/b/a Cutler Manor Apartments, Appellant(s), v. Jayquanda Bennett, Appellee(s).
|
3D2024-0039
|
2024-01-08
|
Closed
|
|
Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
Court |
3rd District Court of Appeal
|
Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
23-8098 CC
|
Parties
Name |
POAH CUTLER MANOR, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Paul Brown Feltman, Brian Christopher Costa, Yenly Dominguez
|
|
Name |
Jayquanda Bennett
|
Role |
Appellee
|
Status |
Active
|
Representations |
Kiara Andria Bodnieks
|
|
Name |
Hon. Lissette De La Rosa
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-03-21
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
View |
View File
|
|
Docket Date |
2024-02-23
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp. w/o Mandate
|
|
Docket Date |
2024-02-23
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-02-23
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
IT IS HEREBY ORDERED that Appellant's Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the County Court for Miami-Dade County, Florida, is hereby dismissed.
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View |
View File
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Docket Date |
2024-02-23
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
POAH Cutler Manor, LLC
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View |
View File
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|
Docket Date |
2024-02-13
|
Type |
Record
|
Subtype |
Transcript
|
Description |
November 28, 2023 Transcript - Volume 1 (1-32)
|
View |
View File
|
|
Docket Date |
2024-01-12
|
Type |
Miscellaneous Document
|
Subtype |
Misc. Docket Entry
|
Description |
Designation to Approved Court Reporter, Civil Court Reporter, or Approved Transcriptionist, and Reporter's or Approved Transcriptionist's Acknowledgment
|
On Behalf Of |
POAH Cutler Manor, LLC
|
View |
View File
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|
Docket Date |
2024-01-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Designation to Approved Court Reporter, Civil Court Reporter, or Approved Transcriptionist, and Reporter's or Approved Transcriptionist's Acknowledgment
|
On Behalf Of |
POAH Cutler Manor, LLC
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View |
View File
|
|
Docket Date |
2024-01-09
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-01-09
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Case Filing Fee $300 paid through the portal. Batch # 9966642
|
On Behalf Of |
POAH Cutler Manor, LLC
|
View |
View File
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|
Docket Date |
2024-01-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
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View |
View File
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Docket Date |
2024-01-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
On Behalf Of |
POAH Cutler Manor, LLC
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View |
View File
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Docket Date |
2024-01-08
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before January 18, 2024.
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View |
View File
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Rockell King, Appellant(s), v. POAH Cutler Manor, LLC, Appellee(s).
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3D2023-0618
|
2023-04-05
|
Closed
|
|
Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
Court |
3rd District Court of Appeal
|
Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
22-20887 CC
|
Parties
Name |
Rockell King
|
Role |
Appellant
|
Status |
Active
|
|
Name |
POAH CUTLER MANOR, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Paul Brown Feltman, Brian Christopher Costa
|
|
Name |
Hon. Laura María González-Marqués
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-11-07
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Upon the Court's own motion, it is ordered that this appeal from the County Court for Miami-Dade County, Florida, is dismissed for failure to comply with this Court's Order dated October 17, 2023, and with the Florida Rules of Appellate Procedure.
LOGUE, C.J., and GORDO and LOBREE, JJ., concur.
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View |
View File
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Docket Date |
2024-01-31
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Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-01-31
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp. w/o Mandate
|
|
Docket Date |
2024-01-11
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
Upon consideration, pro se Appellant's Motion for Rehearing is hereby denied.
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View |
View File
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Docket Date |
2023-12-04
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Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing
|
On Behalf Of |
Rockell King
|
|
Docket Date |
2023-10-17
|
Type |
Order
|
Subtype |
Order
|
Description |
Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
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View |
View File
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Docket Date |
2023-06-14
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Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-04-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
POAH Cutler Manor, LLC
|
|
Docket Date |
2023-04-06
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-04-06
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Stay Denied (OD26) ~ Upon consideration, pro se Appellant’s Emergency Motion to Stay is hereby denied. HENDON, GORDO and LOBREE, JJ., concur.
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|
Docket Date |
2023-04-06
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Certificate of Indigency ~ APPROVED CERTIFICATE OF INDIGENCY IN CONFIDENTIAL
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-04-05
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ Not certified.
|
On Behalf Of |
Rockell King
|
|
Docket Date |
2023-04-05
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay
|
On Behalf Of |
Rockell King
|
|
Docket Date |
2023-04-05
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
C1:Certificate of Indigency Filed
|
On Behalf Of |
Rockell King
|
|
Docket Date |
2023-04-05
|
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.
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POAH CUTLER MANOR, LLC VS ARTHEISHA AXEN
|
SC2021-1081
|
2021-07-22
|
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
3D21-75
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132019AP000340000001
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132019CC011149000025
|
Parties
Name |
POAH CUTLER MANOR, LLC
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Paul B. Feltman, Brian C. Costa
|
|
Name |
Artheisha Axen
|
Role |
Respondent
|
Status |
Active
|
Representations |
Mr. Jeffrey M. Hearne
|
|
Name |
Hon. Patricia Marino-Pedraza
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Mercedes M. Prieto
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Harvey Ruvin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
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Docket Entries
Docket Date |
2021-09-20
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
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Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including October 7, 2021, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
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Docket Date |
2021-09-17
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief)
|
Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ Respondent's Unopposed Motion for Extension of Time to File Her Brief on Jurisdiction
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On Behalf Of |
Artheisha Axen
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View |
View File
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Docket Date |
2021-08-31
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2021-08-31
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
PAY CASE FILING FEE-300
|
On Behalf Of |
POAH Cutler Manor, LLC
|
View |
View File
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Docket Date |
2021-08-31
|
Type |
Order
|
Subtype |
Filing Fee Due
|
Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including August 10, 2021, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
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Docket Date |
2021-08-25
|
Type |
Brief
|
Subtype |
Juris Initial (Amended)
|
Description |
JURIS INITIAL AMD BRIEF
|
On Behalf Of |
POAH Cutler Manor, LLC
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View |
View File
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Docket Date |
2021-08-03
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including August 23, 2021, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
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Docket Date |
2021-08-02
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief)
|
Description |
MOTION-EXT OF TIME (JURIS BRIEF)
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On Behalf Of |
POAH Cutler Manor, LLC
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View |
View File
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Docket Date |
2021-07-23
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2021-07-22
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
On Behalf Of |
POAH Cutler Manor, LLC
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View |
View File
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Docket Date |
2021-07-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-08-23
|
Type |
Brief
|
Subtype |
Appendix-Juris
|
Description |
APPENDIX-JURIS BRIEF ~ APPENDIX TO JURISDICTIONAL BRIEF OFPOAH CUTLER MANOR LLC
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On Behalf Of |
POAH Cutler Manor, LLC
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View |
View File
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Docket Date |
2021-11-29
|
Type |
Disposition
|
Subtype |
Rev DY Lack Juris & Atty Fees Gr (Cond Party Prevail)
|
Description |
DISP-REV DY LACK JURIS & ATTY FEES GR (COND PARTY PREVAIL) ~ 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).Respondent's motion for attorney's fees is granted in the amount of $2,500.00, conditioned on the party prevailing pursuant to applicable statutes, rules and case law. Petitioner's motion for attorney's fees is hereby denied.
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|
Docket Date |
2021-10-07
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF
|
On Behalf Of |
Artheisha Axen
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View |
View File
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Docket Date |
2021-10-07
|
Type |
Motion
|
Subtype |
Attorney's Fees
|
Description |
MOTION-ATTORNEYS FEES
|
On Behalf Of |
POAH Cutler Manor, LLC
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View |
View File
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Docket Date |
2021-08-24
|
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 August 23, 2021, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before August 30, 2021, to file an amended jurisdictional initial brief which shall contain, 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 brief must not exceed 2,500 words for computer-generated briefs or 10 pages for handwritten or typewritten briefs. The table of contents and citations, the statement of the issues, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation. All computer-generated documents filed in this Court must contain a Certificate of Compliance certifying that the document complies with the applicable font and word count limit requirements. See Fla. R. App. P. 9.045(e).
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ARTHEISHA AXEN, VS POAH CUTLER MANOR, LLC,
|
3D2021-0075
|
2021-01-07
|
Closed
|
|
Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
Court |
3rd District Court of Appeal
|
Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
19-11149 CC
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-340 AP
|
Parties
Name |
ARTHEISHA AXEN
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jeffrey M. Hearne
|
|
Name |
POAH CUTLER MANOR, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
BRIAN C. COSTA, Paul B. Feltman
|
|
Name |
Hon. Patricia Marino Pedraza
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-07-23
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
|
|
Docket Date |
2021-06-23
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellant’s Motion for Costs and Attorney’s Fees, it is ordered that said Motion is conditionally granted, and the matter is remanded to the trial court. Appellee’s Motion for Attorney’s Fees is hereby denied.
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|
Docket Date |
2021-04-05
|
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 8, 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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|
Docket Date |
2021-07-23
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF DISCRETN. JURISDICTN ~ CASE NUMBER: SC21-1081Lower Tribunal Case Number s): 3D21-75; 132019CC011149000025; 132019AP000340000001Lower Tribunal Filing Date: 7/22/2021The Florida Supreme Court has received the following documents reflecting a filing date of 7/22/2021.Notice to Invoke Discretionary Jurisdiction seeking review of opinion dated June 23, 2021.The Florida Supreme Court's case number must be utilized on allpleadings and correspondence filed in this cause.
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|
Docket Date |
2021-11-29
|
Type |
Supreme Court
|
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).Respondent’s motion for attorney’s fees is granted in theamount of $2,500.00, conditioned on the party prevailing pursuantto applicable statutes, rules and case law. Petitioner’s motion forattorney’s fees is hereby denied.
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|
Docket Date |
2021-07-22
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretional Jurisdiction to Supreme Court ~ NOTICE TO INVOKE DISCRETIONARY JURISDICTION OF THESUPREME COUR
|
On Behalf Of |
POAH CUTLER MANOR, LLC
|
|
Docket Date |
2021-07-09
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-07-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-06-23
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ Reversed and remanded.
|
|
Docket Date |
2021-06-08
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 3DCA
|
|
Docket Date |
2021-06-07
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ NOTICE OF SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
ARTHEISHA AXEN
|
|
Docket Date |
2021-04-13
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
POAH CUTLER MANOR, LLC
|
|
Docket Date |
2021-04-07
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
ARTHEISHA AXEN
|
|
Docket Date |
2021-03-17
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ (1) Order Granting Emergency Motion to Stay Pending Appeal mandating continued payment of rent into the Court Registry(2) South Dade Docket(3) Coral Gables Docket After Transfer
|
On Behalf Of |
POAH CUTLER MANOR, LLC
|
|
Docket Date |
2021-01-25
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar or Related Case
|
On Behalf Of |
ARTHEISHA AXEN
|
|
Docket Date |
2021-01-14
|
Type |
Order
|
Subtype |
Order on Motion to Transfer
|
Description |
Order in Transferred Cases
|
|
Docket Date |
2021-01-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
C1:Certificate of Indigency Filed
|
|
Docket Date |
2021-01-07
|
Type |
Notice
|
Subtype |
Appeal Transfer Cover Sheet
|
Description |
Appeal Transfer Cover Sheet ~ NOA 19-11149-CC
|
On Behalf Of |
ARTHEISHA AXEN
|
|
Docket Date |
2021-01-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
|