| Docket Date |
2023-05-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-05-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-05-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Sorin Lupu has filed a motion for sanctions against Michael Oana, Florida 10002, LLC, and their attorneys (collectively, Oana), pursuant to Florida Rule of Appellate Procedure 9.410 and Section 57.105, Florida Statutes (2022). Lupu's sanctions motion is directed at Oana's "Motion for Clarification, or Alternatively, for Rehearing." Because this court disposed of Oana's motion before the full twenty-one-day safe harbor period expired, we deny Lupu's motion for sanctions. On March 13, 2023, Oana filed a "Motion for Clarification, or Alternatively, for Rehearing" of this court's opinion in this appeal. In response to this filing, Lupu initially served Oana with the sanctions motion on March 16, 2023, which commenced Oana's twenty-one-day safe harbor period. Thirteen days later, this court disposed of Oana's assertedly offending motion. Lupu nonetheless filed its sanctions motion on April 10, 2023.Section 57.105(4) and Rule 9.410(b)(4) afford an offending party a twenty-one-day safe harbor period to correct or withdraw the challenged document. § 57.105(4), Fla. Stat. ("A motion by a party seeking sanctions under this section must be served but may not be filed with or presented to the court unless, within 21 days after service of the motion, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected."); Fla. R. App. P. 9.410(b)(4) ("If the challenged document, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected within 21 days after initial service of the motion . . . the movant may file the motion for attorneys' fees as a sanction with the court . . . ."). Florida's twenty-one-day safe harbor provision is "nearly identical to its federal counterpart," Rule 11 of the Federal Rules of Civil Procedure. Pino v. Bank of New York, 121 So. 3d 23, 42 (Fla. 2013). Accordingly, "we interpret this state's provision similarly," and, like federal circuit courts, conclude that when a court disposes of the challenged document before the twenty-one-day safe harbor period expires, a subsequently filed sanctions motion cannot be filed, much less granted. See, e.g., Huggins v. Lueder, Larkin & Hunter, LLC, 39 F. 4th 12343, 1346 (11th Cir. 2022) ("[I]f the court eliminates the opportunity to withdraw or correct the challenged filing by ruling on it before the safe harbor period expires . . . the sanctions motion cannot be filed."); Ridder v. City of Springfield, 109 F. 3d 288, 295 (6th Cir. 1997) ("If the court disposes of the offending contention before the twenty-one day 'safe harbor' period expires, a motion for sanctions cannot be filed with or presented to the court."); Howell v. Nesbit, No. 98-1402, 1998 WL 340291, at *3 (4th Cir. June 16, 1998) (overturning lower court's imposition of sanctions because the offending party "did not have the advantage of the [full] twenty-one day safe harbor provision").Here, this court's swift disposal of Oana's Motion for Clarification, or Alternatively, Rehearing, effectively deprived them of the full safe harbor period to which they were entitled. Accordingly, Lupu's motion for sanctions is denied.
|
|
| Docket Date |
2023-04-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEES GENESOLOMON AND SYLVIA LUPU'S MOTION FOR SANCTIONS
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2023-04-10
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for Sanctions ~ THE ESTATE OF SORIN LUPU'S MOTION FOR SANCTIONS PURSUANT TO FLORIDA RULE OF APPELLATE PROCEDURE 9.410(b) AND § 57.105, FLORIDA STATUTES
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2023-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Clarification-78a ~ Appellants' motion for clarification, or alternatively, for rehearing is denied.
|
|
| Docket Date |
2023-03-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE IN OPPOSITION TO APPELLANTS' MOTION FOR CLARIFICATION, OR ALTERNATIVELY, FOR REHEARING
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2023-03-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO MOTION FOR CLARIFICATION,OR ALTERNATIVELY, FOR REHEARING
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2023-03-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ APPELLANT'S MOTION FOR CLARIFICATION, OR ALTERNATIVELY, FOR REHEARING
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2023-02-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion ~ in part; dismissed in part.
|
|
| Docket Date |
2023-02-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellees Gene Solomon and Sylvia Lupu have moved for appellate attorney's fees as prevailing parties under section 11.4 of the Partnership Agreement and the March 9, 2022, arbitration order. The motion is provisionally granted, Aerosonic Corp. v. Harbaugh, 208 So. 3d 1164 (Fla. 2d DCA 2016), contingent upon the circuit court's confirmation of the Arbitration Order determining Gene Solomon and Sylvia Lupu to be the prevailing parties. If the arbitration order is confirmed, the circuit court shall determine the amount of appellate attorney's fees. See Fla. R. App. P. 9.400(b).
|
|
| Docket Date |
2023-01-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Request for Judicial Notice
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Appendix/Attachment to Notice
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-09-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike-13a ~ Appellees’ motion to strike portions of appellants’ reply brief is denied.
|
|
| Docket Date |
2022-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the Appellees filed by Attorney JuliaKapusta is granted. Attorney Kapusta is relieved of further appellate responsibilities.Attorneys Courtney L. Fernald and Amy Dilday remain counsel of record for theAppellees.
|
|
| Docket Date |
2022-09-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEES' MOTION TO STRIKE PORTIONS OF REPLY BRIEF
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-09-06
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-08-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-08-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellants' Motion for Enlargement of Time to Serve Reply Briefs is granted as follows. Appellants may serve a single reply brief that is responsive to appellees' answer briefs. See Fla. R. App. P. 9.210(a)(3). Appellants shall serve the reply brief on or before August 22, 2022. However, further requests for extension of time to serve the reply brief are unlikely to receive favorable attention.Appellants' Motion to Strike Prior Appendices is granted, and the appendix to Appellants’ Initial Brief filed June 3, 2022; parts 1 and 2 of the appendix to Appellants’ Initial Brief filed June 17, 2022; and the appendix to Appellants’ Initial Brief filed June 20, 2022, are stricken.
|
|
| Docket Date |
2022-08-15
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-08-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLANTS' MOTION TO STRIKE PRIOR APPENDICES
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-08-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES' MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-08-09
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-08-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE, ESTATE OF SORIN LUPU'S, RESPONSE TO APPELLANTS' MOTION FOR ENLARGMENT OF TIME TO SERVE REPLY BRIEFS
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The amended appendix filed June 20, 2022, is not fully text searchable as required by Florida Rule of Appellate Procedure 9.220(c). Specifically, pages 6-26, 29-36, 42-113, 120-174, 212-216, 238-251, 288 are not text searchable. Appellant shall file a corrected appendix within ten days from the date of this order together with a motion to strike the appendix to appellant's initial brief filed June 3, 2022; parts 1 and 2 of the appendix to appellants' initial brief filed June 17, 2022; and the appendix to appellant's initial brief filed June 20, 2022.
|
|
| Docket Date |
2022-08-04
|
| 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 FORENLARGEMENT OF TIME TO SERVE REPLY BRIEFS
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-07-08
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall beserved by July 8, 2022.
|
|
| Docket Date |
2022-07-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-07-01
|
| 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 |
SORIN LUPU
|
|
| Docket Date |
2022-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-06-20
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ *stricken-see 8/17/2022 order.*NOT TEXT SEARCHABLE
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-06-17
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ *stricken-see 8/17/2022 order.*PART 2 -PAGINATION ERRORS
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-06-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The appendix to the initial brief is not text searchable as required by Florida Rule of Appellate Procedure 9.220(c). Appellant shall file a corrected appendix within ten days from the date of this order.
|
|
| Docket Date |
2022-06-03
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ *stricken-see 8/17/2022 order.*NOT TEXT SEARCHABLE
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-06-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-05-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE IN OPPOSITION TO APPELLANTS' MOTION FOR ENLARGEMENT OF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants’ motion for extension of time is granted to the extent that the initialbrief shall be served within 15 days from the date of this order. However, any furthermotion for extension of time is unlikely to receive favorable consideration.
|
|
| Docket Date |
2022-05-18
|
| 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 |
MICHAEL OANA
|
|
| Docket Date |
2022-05-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification-77 ~ Appellee’s “motion for clarification of this court’s April 27, 2022, order denyingAppellees’ motion to dismiss” is granted to the extent that Appellant shall serve theinitial brief within fifteen days of the date of this order.
|
|
| Docket Date |
2022-05-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ MOTION FOR CLARIFICATION OF THIS COURT'S APRIL 27, 2022, ORDER DENYING APPELLEES' MOTION TO DISMISS
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ Appellee's motion to dismiss is denied. The parties are directed to address jurisdiction in the briefing. Appellee's alternative request to expedite the appeal is granted. Upon perfection, this appeal will be assigned to the next available panel.
|
|
| Docket Date |
2022-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEES' MOTION TO DISMISS, OR, ALTERNATIVELY, TO EXPEDITE APPEAL
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE FOR APPELLANTSAND DESIGNATION OF ELECTRONIC MAIL ADDRESSES
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-04-04
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-04-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEES' MOTION TO DISMISS OR, ALTERNATIVELY, TO EXPEDITE APPEAL
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-03-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE FOR APPELLEE ANDDESIGNATION OF ELECTRONIC MAIL ADDRESSES
|
| On Behalf Of |
SORIN LUPU
|
|
| Docket Date |
2022-03-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FARFANTE - REDACTED - 600 PAGES
|
|
| Docket Date |
2022-03-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-03-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-03-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2022-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
MICHAEL OANA
|
|
| Docket Date |
2022-03-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
