|
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC., etc., VS BENTLEY BAY RETAIL, LLC, etc.,
|
3D2023-0488
|
2023-03-20
|
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
21-10739
|
Parties
| Name |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lauren S. Fallick, W. Aaron Daniel, ABBEY L. KAPLAN, Elliot B. Kula, Stephen A. Marino, Jr., William D. Mueller, LINDSAY R. ABBONDANDOLO
|
|
| Name |
BENTLEY BAY RETAIL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHARLES W. THROCKMORTON, NATALIE J. CARLOS, MICHAEL G. ZILBER, Deborah Baker, ALAN ROSENTHAL
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellee’s Response to Appellant’s Motion for Extension of Time to file the initial brief is noted. Appellant’s Motion for Extension of Time to File the Initial Brief is granted to and including April 24, 2023. In light of Appellee's counsel's planned vacation, the Court will consider, and grant, Appellee's motion for extension of time to file an answer brief if such motion is filed.
|
|
| Docket Date |
2023-04-05
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant’s Notice of Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2023-04-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-04-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-04-05
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-04-05
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-04-03
|
| 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 |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-04-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TOAPPELLANT'S MOTION FOR EXTENSION
|
| On Behalf Of |
BENTLEY BAY RETAIL, LLC
|
|
| Docket Date |
2023-03-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY
|
| On Behalf Of |
BENTLEY BAY RETAIL, LLC
|
|
| Docket Date |
2023-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Following review of Appellee’s Response to Appellant’s Corrected Motion for Review of Order Denying Motion for Stay, Appellant’s Corrected Motion for Review is hereby denied. The temporary stay entered on March 23, 2023, is lifted. EMAS, LOGUE and BOKOR, JJ., concur.
|
|
| Docket Date |
2023-03-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION FOR REVIEW OF ORDER DENYING MOTION FOR STAY OF PROCEEDINGS PENDING APPEAL OF ORDER DENYING DISQUALIFICATION OF COUNSEL
|
| On Behalf Of |
BENTLEY BAY RETAIL, LLC
|
|
| Docket Date |
2023-03-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEE'S SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
BENTLEY BAY RETAIL, LLC
|
|
| Docket Date |
2023-03-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TOMOTION FOR REVIEW OF ORDER DENYINGMOTION FOR STAY OF PROCEEDINGS PENDING APPEAL OFORDER DENYING DISQUALIFICATION OF COUNSEL
|
| On Behalf Of |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-03-23
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ The appellee is hereby ordered to file a response, on or before March 29, 2023, to Appellant’s Motion For Review of Order Denying Motion For Stay, filed on March 23, 2023. The trial court proceedings are temporarily stayed pending further order of this Court. EMAS, LOGUE, and BOKOR, JJ., concur.
|
|
| Docket Date |
2023-03-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ CORRECTED MOTION FOR REVIEW OF ORDER DENYING MOTION FOR STAY OF PROCEEDINGS PENDING APPEAL OF ORDER DENYING DISQUALIFICATION OF COUNSEL(Correcting the Case Style of Document)
|
| On Behalf Of |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-03-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
BENTLEY BAY RETAIL, LLC
|
|
| Docket Date |
2023-03-20
|
| 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 |
2023-03-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2023-03-20
|
| 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 March 30, 2023.
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THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC., VS BENTLEY BAY RETAIL, LLC,
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3D2021-2040
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2021-10-14
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-10739
|
Parties
| Name |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LEE D. MACKSON, MICHELLE G. HENDLER, Garrett A. Tozier
|
|
| Name |
BENTLEY BAY RETAIL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Deborah Baker, Patricia Gladson, NEHA S. DAGLEY
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-11-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-11-29
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-11-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-11-05
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Prohibition Denied (Including Resp & Reply) (DA32) ~ Following review of the Petition for Writ of Prohibition, and the Response and Reply thereto, it is ordered that said Petition is hereby denied.
|
|
| Docket Date |
2021-11-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO REPLY TO RESPONSE TO PETITION FOR WRITOF PROHIBITION
|
| On Behalf Of |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2021-11-03
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY
|
| On Behalf Of |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2021-10-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Petitioner's Motion to Supplement Appendix to the Petition and Motion to Correct Statement in the Petition is granted. The Supplemental Appendix to the Petition for Writ of Prohibition is accepted by the Court.
|
|
| Docket Date |
2021-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT'S RESPONSE IN OPPOSITION TOPETITIONER'S PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
BENTLEY BAY RETAIL, LLC
|
|
| Docket Date |
2021-10-26
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO SUPPLEMENT APPENDIX TO PETITION ANDMOTION TO CORRECT STATEMENT IN PETITION
|
| On Behalf Of |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2021-10-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX TO PETITION FOR WRIT OFPROHIBITION
|
| On Behalf Of |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2021-10-18
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to show cause-Proh(Rule Nisi)(OR12J) ~ The party, if any, opposing the relief requested in the Petition for Writ of Prohibition shall, and the respondent judge may, show cause as to why the relief requested should not be granted, within ten (10) days of the date of this Order. This Order stays further proceedings in the lower tribunal pursuant to Florida Rule of Appellate Procedure 9.100(h). Further, a reply may be filed five (5) days thereafter. HENDON, GORDO and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-10-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2021-10-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-10-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2021-10-14
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ EMERGENCY PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
THE BENTLEY BAY CONDOMINIUM ASSOCIATION, INC.
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|
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LUIZ QUEIROZ, et al., VS BENTLEY BAY RETAIL, LLC,
|
3D2017-1604
|
2017-07-14
|
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
16-25189
|
Parties
| Name |
Karine Queiroz
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SOHO BAY RESTAURANT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Andrew J. Bernhard
|
|
| Name |
Luiz Queiroz
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BENTLEY BAY RETAIL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DYANNE E. FEINBERG, STEPHANIE MONCADA GOMEZ, JAVIER A. LOPEZ
|
|
| Name |
HON. ERIC WM. HENDON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-01-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-01-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-01-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
| Docket Date |
2017-10-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of unavailability
|
| On Behalf Of |
SOHO BAY RESTAURANT, LLC,
|
|
| Docket Date |
2017-09-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
SOHO BAY RESTAURANT, LLC,
|
|
| Docket Date |
2017-09-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
SOHO BAY RESTAURANT, LLC,
|
|
| Docket Date |
2017-08-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Denied (OD30) ~ Upon consideration, appellants’ motion to strike appellee’s misstatements of the record is hereby denied. SALTER, FERNANDEZ and LUCK, JJ., concur.
|
|
| Docket Date |
2017-08-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Supplemental Appendix
|
| On Behalf Of |
BENTLEY BAY RETAIL, LLC
|
|
| Docket Date |
2017-08-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
BENTLEY BAY RETAIL, LLC
|
|
| Docket Date |
2017-08-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Granted (OG26) ~ Upon consideration of the motion to stay the order appealed, the response and reply thereto, the motion is granted to the extent that the trial court proceedings are stayed as to Luiz Queiroz and Karine Queiroz, in their capacity as individual party defendants pending the outcome of this appeal. The stay does not prohibit further attempts at proper service against Luiz Queiroz and Karine Queiroz individually. SALTER, FERNANDEZ and LUCK, JJ., concur.
|
|
| Docket Date |
2017-07-30
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ to AE's response pages 7 to 9
|
| On Behalf Of |
SOHO BAY RESTAURANT, LLC,
|
|
| Docket Date |
2017-07-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to response.
|
| On Behalf Of |
SOHO BAY RESTAURANT, LLC,
|
|
| Docket Date |
2017-07-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants are ordered to file a reply within five (5) days from the date of this order to the response to the motion to stay, soley on the immunity issue raised in the response at pages 7 through 9. The temporary stay shall remain in place until further order of the Court.
|
|
| Docket Date |
2017-07-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ misstatements of record in response
|
| On Behalf Of |
SOHO BAY RESTAURANT, LLC,
|
|
| Docket Date |
2017-07-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Motion to Stay
|
| On Behalf Of |
BENTLEY BAY RETAIL, LLC
|
|
| Docket Date |
2017-07-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
BENTLEY BAY RETAIL, LLC
|
|
| Docket Date |
2017-07-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Upon consideration of appellants¿ motion to stay, the trial court proceedings are temporarily stayed pending further order of this court. Appellee is ordered to file a response by 11:00 a.m. on Monday, July 24, 2017 to the appellants¿ motion to stay.
|
|
| Docket Date |
2017-07-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
SOHO BAY RESTAURANT, LLC,
|
|
| Docket Date |
2017-07-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
SOHO BAY RESTAURANT, LLC,
|
|
| Docket Date |
2017-07-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
SOHO BAY RESTAURANT, LLC,
|
|
| Docket Date |
2017-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SOHO BAY RESTAURANT, LLC,
|
|
| Docket Date |
2017-07-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-07-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
