|
MINVEST USA, LLC, VS SO FAR SO GOOD, LLC,
|
3D2020-1059
|
2020-07-28
|
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
16-32054
|
Parties
| Name |
MINVEST USA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
NEAL L. SANDBERG, SHERRYLL MARTENS DUNAJ
|
|
| Name |
SO FAR SO GOOD LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DAVID S. WILLIG
|
|
| Name |
Hon. Mavel Ruiz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-26
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the Notice of Voluntary Dismissal of Appeals is recognized by the Court, and these consolidated appeals from the Circuit Court for Miami-Dade County, Florida, are hereby dismissed.
|
|
| Docket Date |
2022-07-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-07-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-07-26
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-07-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2022-05-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ The Renewed Motion to Extend the Time to File Supplemental Brief Pending Approval of the Settlement is granted as stated in the Motion.
|
|
| Docket Date |
2022-05-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ CHAPTER 7 BANKRUPTCY TRUSTEE'S RENEWED MOTION TO EXTEND TIME TO FILE SUPPLEMENTAL BRIEF PENDING APPROVAL OF SETTLEMENT BEFORE BANKRUPTCY COURT
|
|
| Docket Date |
2022-04-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ CHAPTER 7 BANKRUPTCY TRUSTEE'S MOTION TO EXTEND TIME TO FILE SUPPLEMENTAL BRIEF PENDING APPROVAL OF SETTLEMENT BEFORE BANKRUPTCY COURT
|
|
| Docket Date |
2022-04-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of Chapter 7 Bankruptcy Trustee’s Motion for Leave to File a Supplemental Brief, Trustee for Appellant may file a supplemental brief within twenty-one (21) days from the date of this Order. Appellees shall file a response within fourteen (14) days of the filing of said supplemental briefing. No reply shall be permitted. The Court shall consider whether to reset oral argument or to decide the matter on the briefs after review of the supplemental briefing and response(s). SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2022-04-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ CHAPTER 7 BANKRUPTCY TRUSTEE'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF
|
|
| Docket Date |
2022-03-24
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ JOINT STATUS REPORT PER ORDER
|
| On Behalf Of |
SO FAR SO GOOD, LLC
|
|
| Docket Date |
2022-02-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ This matter was removed from the December 14, 2021, oral argument calendar. Within thirty (30) days of this Order, the parties shall file a joint status report indicating, at a minimum, whether any or all parties request rescheduling of oral argument in this appeal, or whether any or all parties request a decision without oral argument. The parties may include any other information in the status report pertaining to the rescheduling of oral argument. No extensions will be granted for the filing of this status report. If the matter is set for oral argument after receipt of the status report, no extensions of such scheduled date will be granted absent extraordinary circumstances. SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-12-14
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2021-11-30
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Cause Removed from O/A calendar (OG55) ~ Appellant’s Motion for Continuance of Oral Argument is hereby granted. This cause is removed from the oral argument calendar of December 14, 2021, at 9:30 a.m. The Court may, or may not, reset this matter for argument at a later date.SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-11-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ MINVEST USA LLC'S MOTION TO CONTINUE ORAL ARGUMENTS
|
|
| Docket Date |
2021-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING ACKNOWLEDGEMENT OF ORAL ARGUMENT AND REQUEST FOR SCHEDULING CONSIDERATION
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-10-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
SO FAR SO GOOD, LLC
|
|
| Docket Date |
2021-09-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Denied (OD30) ~ Upon consideration of Appellees’ Motion to Strike Portions of Reply Brief or, Alternatively, for Leave to File Limited Response to Newly Added Issue, the Motion is hereby denied. SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLEES' MOTION TO STRIKE PORTIONSOF REPLY BRIEF OR TO ALLOW APPELLEES FURTHER BRIEFING
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-09-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLEES' MOTION TO STRIKE PORTIONS OF REPLY BRIEF OR, ALTERNATIVELY, FOR LEAVE TO FILE LIMITED RESPONSE TO NEWLY ADDED ISSUE
|
| On Behalf Of |
SO FAR SO GOOD, LLC
|
|
| Docket Date |
2021-09-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEES' APPENDIX TO MOTION TO STRIKEPORTIONS OF BRIEF OR FOR LEAVE TO FILE LIMITEDRESPONSE TO NEWLY ADDED ISSUE
|
| On Behalf Of |
SO FAR SO GOOD, LLC
|
|
| Docket Date |
2021-07-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant’s Agreed Motion for an Extension of Time to File the Reply Brief is granted to and including July 19, 2021.
|
|
| Docket Date |
2021-06-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ APPELLANT'S AGREED MOTION FOR ADDITIONAL EXTENSION OF TIME TO FILE REPLY BRIEF
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-05-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
SO FAR SO GOOD, LLC
|
|
| Docket Date |
2021-05-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ STIPULATION TO CORRECT AND SUPPLEMENT RECORD
|
| On Behalf Of |
SO FAR SO GOOD, LLC
|
|
| Docket Date |
2021-02-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-01-28
|
| 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 Agreed Motion for Extension of Time to File the Initial Brief is granted to and including February 26, 2021, 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 |
2021-01-26
|
| 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 AGREED MOTION FOR ADDITIONAL EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-01-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-12-30
|
| 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 |
MINVEST USA, LLC
|
|
| Docket Date |
2020-12-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellant’s Agreed Motion to Supplement the Record, filed on December 28, 2020, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the trial exhibits as stated in said Motion.
|
|
| Docket Date |
2020-12-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ AGREED MOTION TOSUPPLEMENT THE RECORD WITH THE TRIAL EXHIBITS
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-12-04
|
| 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 November 29, 2020, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the transcript as stated in said Motion.
|
|
| Docket Date |
2020-12-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-11-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ APPELLANT MINVEST USA's MOTION TOSUPPLEMENT THE RECORD WITH THE TRIAL TRANSCRIPT
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellant's Agreed Motion for Extension of Time to Complete Record and to File the Initial Brief is granted. The court reporter is granted to and including November 30, 2020, to file the transcript. Appellant's initial brief is due on or before January 4, 2021.
|
|
| Docket Date |
2020-10-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AGREED MOTION FOR EXTENSION OF TIME TO COMPLETE RECORD AND TO FILE INITIAL BRIEF
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-09-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidations Granted--all purpose (OG24) ~ Appellant's Agreed Motion to Consolidate Appeals is granted, and it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D20-1057. All filings in the case shall be under case no. 3D20-1057. The parties shall file only one set of briefs under case no. 3D20-1057.
|
|
| Docket Date |
2020-07-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CERTIFICATE OF SERVICE
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-07-28
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2020-07-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-07-28
|
| 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 |
2022-07-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
File Status Report (OR03) ~ Appellant is ordered to file a status report in this cause within ten (10) days from the date of this Order. SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2022-04-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ The Motion to Extend Time to File Supplemental Brief is hereby denied without prejudice to the filing of a motion that contains the required certificate of compliance. See Fla. R. App. P. 9.300(a) ("A motion for an extension of time shall, and other motions if appropriate may, contain a certificate that the movant’s counsel has consulted opposing counsel and that the movant’s counsel is authorized to represent that opposing counsel either has no objection or will promptly file an objection.”). SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-10-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
SO FAR SO GOOD, LLC
|
|
| Docket Date |
2021-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument during the week of December 13, 2021, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. 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. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
| Docket Date |
2021-05-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of the parties’ Stipulation to Correct and Supplement Record, the Stipulation is recognized by the Court. The request to correct and supplement the record on appeal is granted as stated in the motion.
|
|
| Docket Date |
2021-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SO FAR SO GOOD, LLC
|
|
| Docket Date |
2021-04-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE THE ANSWER BRIEF
|
| On Behalf Of |
SO FAR SO GOOD, LLC
|
|
| Docket Date |
2021-03-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE THE ANSWER BRIEF
|
| On Behalf Of |
SO FAR SO GOOD, LLC
|
|
| Docket Date |
2021-02-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AGREED MOTION FOR EXTENSION OF TIME TO COMPLETE RECORD AND TO FILE INITIAL BRIEF
|
| On Behalf Of |
MINVEST USA, LLC
|
|
|
|
MINVEST USA, LLC, VS KAMARINA, LLC, et al.,
|
3D2020-1057
|
2020-07-28
|
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
16-32054
|
Parties
| Name |
MINVEST USA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SHERRYLL MARTENS DUNAJ, NEAL L. SANDBERG
|
|
| Name |
KAMARINA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DAVID S. WILLIG
|
|
| Name |
Hon. Mavel Ruiz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-30
|
| 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 |
MINVEST USA, LLC
|
|
| Docket Date |
2020-12-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ AGREED MOTION TOSUPPLEMENT THE RECORD WITH THE TRIAL EXHIBITS
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-12-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-12-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellant’s Agreed Motion to Supplement the Record, filed on December 28, 2020, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the trial exhibits as stated in said Motion.
|
|
| Docket Date |
2020-12-02
|
| 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 November 29, 2020, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the transcript as stated in said Motion.
|
|
| Docket Date |
2020-11-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ APPELLANT MINVEST USA's MOTION TOSUPPLEMENT THE RECORD WITH THE TRIAL TRANSCRIPT
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellant’s Agreed Motion for Extension of Time to Complete Record and to File the Initial Brief is granted. The court reporter is granted to and including November 30, 2020, to file the transcript. Appellant’s initial brief is due on or before January 4, 2021.
|
|
| Docket Date |
2020-10-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AGREED MOTION FOR EXTENSION OF TIME TO COMPLETE RECORD AND TO FILE INITIAL BRIEF
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-09-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 11/05/2020
|
|
| Docket Date |
2020-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AGREED MOTION FOR EXTENSION OF TIME TO COMPLETE RECORD AND TO FILE INITIAL BRIEF
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2022-07-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-07-26
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the Notice of Voluntary Dismissal of Appeals is recognized by the Court, and these consolidated appeals from the Circuit Court for Miami-Dade County, Florida, are hereby dismissed.
|
|
| Docket Date |
2022-07-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-07-26
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-07-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2022-07-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
File Status Report (OR03) ~ Appellant is ordered to file a status report in this cause within ten (10) days from the date of this Order. SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2022-05-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ The Renewed Motion to Extend the Time to File Supplemental Brief Pending Approval of the Settlement is granted as stated in the Motion.
|
|
| Docket Date |
2022-05-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ CHAPTER 7 BANKRUPTCY TRUSTEE'S RENEWED MOTION TO EXTEND TIME TO FILE SUPPLEMENTAL BRIEF PENDING APPROVAL OF SETTLEMENT BEFORE BANKRUPTCY COURT
|
|
| Docket Date |
2022-04-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ The Motion to Extend Time to File Supplemental Brief is hereby denied without prejudice to the filing of a motion that contains the required certificate of compliance. See Fla. R. App. P. 9.300(a) ("A motion for an extension of time shall, and other motions if appropriate may, contain a certificate that the movant’s counsel has consulted opposing counsel and that the movant’s counsel is authorized to represent that opposing counsel either has no objection or will promptly file an objection.”). SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2022-04-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ CHAPTER 7 BANKRUPTCY TRUSTEE'S MOTION TO EXTEND TIME TO FILE SUPPLEMENTAL BRIEF PENDING APPROVAL OF SETTLEMENT BEFORE BANKRUPTCY COURT
|
|
| Docket Date |
2022-04-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of Chapter 7 Bankruptcy Trustee's Motion for Leave to File a Supplemental Brief, Trustee for Appellant may file a supplemental brief within twenty-one (21) days from the date of this Order. Appellees shall file a response within fourteen (14) days of the filing of said supplemental briefing. No reply shall be permitted. The Court shall consider whether to reset oral argument or to decide the matter on the briefs after review of the supplemental briefing and response(s). SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2022-04-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ CHAPTER 7 BANKRUPTCY TRUSTEE'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF
|
|
| Docket Date |
2022-03-24
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ JOINT STATUS REPORT PER ORDER
|
| On Behalf Of |
KAMARINA, LLC
|
|
| Docket Date |
2022-02-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ This matter was removed from the December 14, 2021, oral argument calendar. Within thirty (30) days of this Order, the parties shall file a joint status report indicating, at a minimum, whether any or all parties request rescheduling of oral argument in this appeal, or whether any or all parties request a decision without oral argument. The parties may include any other information in the status report pertaining to the rescheduling of oral argument. No extensions will be granted for the filing of this status report. If the matter is set for oral argument after receipt of the status report, no extensions of such scheduled date will be granted absent extraordinary circumstances. SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-11-30
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Cause Removed from O/A calendar (OG55) ~ Appellant’s Motion for Continuance of Oral Argument is hereby granted. This cause is removed from the oral argument calendar of December 14, 2021, at 9:30 a.m. The Court may, or may not, reset this matter for argument at a later date.SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-11-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ MINVEST USA LLC'S MOTION TO CONTINUE ORAL ARGUMENTS
|
|
| Docket Date |
2021-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING ACKNOWLEDGEMENT OF ORAL ARGUMENT AND REQUEST FOR SCHEDULING CONSIDERATION
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidations Granted--all purpose (OG24) ~ Appellant's Agreed Motion to Consolidate Appeals is granted, and it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D20-1057. All filings in the case shall be under case no. 3D20-1057. The parties shall file only one set of briefs under case no. 3D20-1057.
|
|
| Docket Date |
2020-07-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2020-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
KAMARINA, LLC
|
|
| Docket Date |
2021-10-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
KAMARINA, LLC
|
|
| Docket Date |
2021-10-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument during the week of December 13, 2021, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. 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. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
| Docket Date |
2021-09-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Denied (OD30) ~ Upon consideration of Appellees’ Motion to Strike Portions of Reply Brief or, Alternatively, for Leave to File Limited Response to Newly Added Issue, the Motion is hereby denied. SCALES, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLEES' MOTION TO STRIKE PORTIONSOF REPLY BRIEF OR TO ALLOW APPELLEES FURTHER BRIEFING
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-09-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEES' APPENDIX TO MOTION TO STRIKEPORTIONS OF BRIEF OR FOR LEAVE TO FILE LIMITEDRESPONSE TO NEWLY ADDED ISSUE
|
| On Behalf Of |
KAMARINA, LLC
|
|
| Docket Date |
2021-09-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLEES' MOTION TO STRIKE PORTIONS OF REPLY BRIEF OR, ALTERNATIVELY, FOR LEAVE TO FILE LIMITED RESPONSE TO NEWLY ADDED ISSUE
|
| On Behalf Of |
KAMARINA, LLC
|
|
| Docket Date |
2021-07-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant’s Agreed Motion for an Extension of Time to File the Reply Brief is granted to and including July 19, 2021.
|
|
| Docket Date |
2021-06-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ APPELLANT'S AGREED MOTION FOR ADDITIONAL EXTENSION OF TIME TO FILE REPLY BRIEF
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-05-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
KAMARINA, LLC
|
|
| Docket Date |
2021-05-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of the parties’ Stipulation to Correct and Supplement Record, the Stipulation is recognized by the Court. The request to correct and supplement the record on appeal is granted as stated in the motion.
|
|
| Docket Date |
2021-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KAMARINA, LLC
|
|
| Docket Date |
2021-05-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-14 days to 06/02/2021
|
|
| Docket Date |
2021-05-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ STIPULATION TO CORRECT AND SUPPLEMENT RECORD
|
| On Behalf Of |
KAMARINA, LLC
|
|
| Docket Date |
2021-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-21 days to 05/18/2021
|
|
| Docket Date |
2021-04-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE THE ANSWER BRIEF
|
| On Behalf Of |
KAMARINA, LLC
|
|
| Docket Date |
2021-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-30 days to 4/27/21
|
|
| Docket Date |
2021-03-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES' UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE THE ANSWER BRIEF
|
| On Behalf Of |
KAMARINA, LLC
|
|
| Docket Date |
2021-02-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-02-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-01-28
|
| 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 Agreed Motion for Extension of Time to File the Initial Brief is granted to and including February 26, 2021, 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 |
2021-01-26
|
| 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 AGREED MOTION FOR ADDITIONAL EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2021-01-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB- 25 days to 01/29/2021
|
|
| Docket Date |
2020-07-28
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2020-07-28
|
| 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 |
2020-07-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
MINVEST USA, LLC
|
|
|
|
BAYVIEW LOAN SERVICING, LLC, VS MINVEST USA, LLC, et al.,
|
3D2016-2534
|
2016-11-10
|
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
16-16165
|
Parties
| Name |
BAYVIEW LOAN SERVICING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MATTHEW B. LEIDER
|
|
| Name |
MINVEST USA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALBERTO J. ALONSO, DEBORAH M. MARTIN, ROBERT E. PAIGE
|
|
| Name |
Hon. Peter R. Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-04-19
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2017-03-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-03-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court's own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida is dismissed for failure to comply with this Court's order dated March 10, 2017, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2017-03-10
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ 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.
|
|
| Docket Date |
2016-11-17
|
| 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before November 27, 2016.
|
|
| Docket Date |
2016-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2016-11-10
|
| 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 |
2016-11-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
BAYVIEW LOAN SERVICING, LLC, VS MINVEST USA, LLC, et al.,
|
3D2016-2505
|
2016-11-07
|
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
16-16165
|
Parties
| Name |
BAYVIEW LOAN SERVICING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MATTHEW B. LEIDER
|
|
| Name |
MINVEST USA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALBERTO J. ALONSO, ROBERT E. PAIGE, DEBORAH M. MARTIN
|
|
| Name |
LEMANO INVESTMENTS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Peter R. Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-01-04
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2017-01-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-12-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2016-12-19
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Certiorari Denied (Including Response) (DA30A) ~ Following review of the petition for writ of certiorari and the response thereto, it is ordered that said petition is hereby denied.
|
|
| Docket Date |
2016-11-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ petitioner's response to the order to show cause
|
|
| Docket Date |
2016-11-09
|
| 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 ten (10) days of the date of this order to the petition for writ of certiorari. Further, a reply may be filed five (5) days thereafter.
|
|
| Docket Date |
2016-11-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ The petitioner is ordered to pay the required three hundred ($300.00) dollar filing fee to the Clerk of the Court on or before November 18, 2016.
|
|
| Docket Date |
2016-11-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Part 1
|
|
| Docket Date |
2016-11-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-11-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for a petition is due.
|
|
| Docket Date |
2016-11-07
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
|
|
MINVEST USA, LLC VS BANK OF NEW YORK MELLON AND LAZARRE VOLCY, ET AL.
|
4D2013-3517
|
2013-09-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12019486
|
Parties
| Name |
MINVEST USA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SALVATORE SCIBETTA, JEFFREY S. BOVARNICK
|
|
| Name |
BANK OF NEW YORK MELLON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kenyetta N. Alexander, Richard P. Cohn, MICHAEL A. RODRIGUEZ
|
|
| Name |
LAZARRE VOLCY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Flamingo Villas Assoc., Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-07-14
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (Record filed Electronically)
|
|
| Docket Date |
2014-06-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-06-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the notice of voluntary dismissal filed June 5, 2014, this appeal is dismissed.
|
|
| Docket Date |
2014-06-05
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2014-05-19
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ The motion of Patricia Montes De Oca, Esquire filed April 24, 2014, for leave to withdraw as counsel for appellant, Minvest USA, LLC, is hereby granted. A corporation may not appear unrepresented by counsel in a Florida court. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985). Accordingly, it is ORDERED that the appeal or cross appeal on behalf of appellant, Minvest USA, LLC, shall be dismissed unless within 20 days of the date of this order an attorney licensed to practice law enters an appearance on its behalf;FURTHER ORDERED that this case is stayed pending the above.
|
|
| Docket Date |
2014-05-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ONE (1) VOLUME
|
|
| Docket Date |
2014-04-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2014-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed March 3 2014, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended thirty (30) days from the date of this order. All other time frames are hereby extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2014-03-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2014-02-13
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Michael A. Rodriguez, Carlos A. Triay, Orlando Deluca and Richard Cohn have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-02-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's motion filed January 31, 2014, for extension of time is granted, and appellant shall serve the initial brief on or before April 4, 2014. In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2014-01-31
|
| 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 |
MINVEST USA, LLC
|
|
| Docket Date |
2014-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ REVISED
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2014-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2013-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's motion filed December 2, 2013, for extension of time is granted, and appellant shall serve the initial brief on or before February 3, 2014. In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2013-12-02
|
| 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 |
MINVEST USA, LLC
|
|
| Docket Date |
2013-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MINVEST USA, LLC
|
|
| Docket Date |
2013-09-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
