|
Nashid Sabir, et al., Appellant(s), v. 1560-1568 Drexel Avenue, LLC, Appellee(s).
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3D2023-0351
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2023-02-28
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-22751
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Parties
| Name |
Nashid Sabir
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BLU Ocean Law Group, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
1560/1568 DREXEL AVENUE LLC
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Roniel Rodriguez, IV
|
|
| Name |
Hon. Lourdes Simon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-10-03
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| Type |
Order
|
| Subtype |
Order on Motion To Strike
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| Description |
Upon consideration, Appellee's Motion to Strike Appellants' Initial Brief is hereby granted. Appellant shall file a corrected initial brief, within ten (10) days from the date of this Order, that complies with all relevant rules of procedure and practice, including where appropriate, citation to the record. Failure to timely comply may result in sanctions, including but not limited to dismissal with no further notice. Any motion for reconsideration or extension of time shall not toll the deadline contained in this order.
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| View |
View File
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| Docket Date |
2023-07-17
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| Type |
Order
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| Subtype |
Order to Serve Brief
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| 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.
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| Docket Date |
2023-05-08
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Motion for Extension Denied Without Prejudice ~ Upon consideration, Appellants' Motion for extension of time to file the initial brief is hereby denied without prejudice to the filing of a motion for extension of time, within five (5) days from the date of this Order, that complies with the conferral requirement of Florida Rule of Appellate Procedure 9.300(a) ("A motion for an extension of time shall . . . contain a certificate that the movant's counsel [or the party, if pro se] has consulted opposing counsel [or opposing party, if pro se] and that the movant's counsel [or the movant, if pro se] is authorized to represent that opposing counsel [or opposing party, if pro se] either has no objection or will promptly file an objection.").
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| Docket Date |
2024-04-30
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2024-04-30
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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| View |
View File
|
|
| Docket Date |
2024-04-10
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-02-05
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| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
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| Description |
Appellant's Motion to File Brief Out of Time is hereby granted, and the Reply Brief filed on February 5, 2024, is accepted by the Court as timely filed.
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| View |
View File
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| Docket Date |
2024-02-05
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| Type |
Motions Relating to Briefs
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| Subtype |
Motion to Accept Brief as Timely
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| Description |
Motion to File Brief out of Time
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| On Behalf Of |
Nashid Sabir
|
|
| Docket Date |
2024-02-05
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief of Appellant
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| On Behalf Of |
Nashid Sabir
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| View |
View File
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| Docket Date |
2023-12-26
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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| View |
View File
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|
| Docket Date |
2023-12-15
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee's First Motion for Extension of Time to File Answer Brief
is hereby granted to and including December 22, 2023.
Order on Motion for Extension of Time
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| View |
View File
|
|
| Docket Date |
2023-12-14
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion forTen-day Extension of Time to Serve Answer Brief
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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| Docket Date |
2023-11-28
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| Type |
Order
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| Subtype |
Order to Serve Brief
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| Description |
The appellee is directed to file an answer brief in this cause within
ten (10) days from the date of this Order or be precluded from filing a brief
and/or presenting an oral argument to the Court in this cause. See Fla. R.
App. P. 9.410.
Order to Serve Brief
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| View |
View File
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| Docket Date |
2023-11-17
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| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
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| Description |
Upon consideration, Appellee's Motion to Dismiss the Appeal or
Alternatively to Strike Initial Brief is hereby denied.
Order on Motion To Dismiss
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| View |
View File
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| Docket Date |
2023-10-30
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss Appeal or Alternatively to Strike Initial Brief
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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|
| Docket Date |
2023-10-17
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| Type |
Brief
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| Subtype |
Amended Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Nashid Sabir
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| View |
View File
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| Docket Date |
2023-09-13
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| Type |
Motions Other
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| Subtype |
Motion To Strike
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| Description |
Appellee's Motion To Strike Appellants' Initial Brief
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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|
| Docket Date |
2023-08-31
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| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
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| Description |
Reinstatement Gr and Dism Ord Vacated (OG40A) ~ Upon consideration of Appellant’s Motion to Reinstate Appeal and Motion to File Brief Out of Time, the Motion to Reinstate Appeal is granted, and the Initial Brief is considered filed as of the date of this Order.
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| Docket Date |
2023-08-30
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Nashid Sabir
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|
| Docket Date |
2023-08-30
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| Type |
Post-Disposition Motions
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| Subtype |
Motion For Reinstatement
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| Description |
Motion For Reinstatement ~ Appellant's Motion to Reinstate Appeal and Motion to File Brief Out of Time
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| On Behalf Of |
Nashid Sabir
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|
| Docket Date |
2023-08-29
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Appeal Dismissed by the Court (DA11) ~ Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed for failure to comply with this Court’s August 3, 2023, Order.
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| Docket Date |
2023-08-29
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge ~ Reinstated 8/31/23
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| Docket Date |
2023-08-03
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellants' Notice of Intent to Prosecute Appeal is treated as an unopposed motion for extension of time to file the initial brief, and the motion is granted to and including twenty (20) days from the date of this Order, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
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| Docket Date |
2023-08-02
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss ~ Motion to Dismiss Appeal for Failure to File Brief or Timely Comply with this Court's July 17, 2023 Order
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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|
| Docket Date |
2023-07-31
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ Notice of Intent to Prosecute Appeal
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| On Behalf Of |
Nashid Sabir
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|
| Docket Date |
2023-05-18
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
Nashid Sabir
|
|
| Docket Date |
2023-05-18
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-60 days to 07/07/2023
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|
| Docket Date |
2023-05-08
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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|
| Docket Date |
2023-05-04
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
Nashid Sabir
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|
| Docket Date |
2023-04-19
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
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| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-27
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Nashid Sabir
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|
| Docket Date |
2023-02-28
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-02-28
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| Type |
Notice
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| Subtype |
Notice of Appeal Transmittal Form
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| Description |
Notice of Transmittal--NOA
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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|
| Docket Date |
2023-02-28
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| 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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|
| Docket Date |
2023-02-28
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify Appellants 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 10, 2023.
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1560/1568 DREXEL AVENUE, LLC, et al., VS JOHANN C. DALTON,
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3D2021-1396
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2021-07-02
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Closed
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|
| Classification |
NOA Non Final - County Civil - Landlord/Tenant/Eviction (Residential)
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| Court |
3rd District Court of Appeal
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| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
21-5079 CC
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Parties
| Name |
RAZIEL OFER
|
| Role |
Appellant
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| Status |
Active
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|
| Name |
1560/1568 DREXEL AVENUE LLC
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Roniel Rodriguez, IV, Nashid Sabir
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|
| Name |
JOHANN C. DALTON
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ryan C. Tyler, SEAN ROWLEY
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|
| Name |
Hon. Milena Abreu
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
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|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-16
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| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
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|
| Docket Date |
2021-07-16
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| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-16
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2021-07-16
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| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant 1560/1568 Drexel Avenue LLC’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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| Docket Date |
2021-07-14
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| Type |
Response
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| Subtype |
Reply
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| Description |
REPLY ~ APPELLANT'S, 1560/1568 DREXEL AVENUE, LLC, BRIEF REPLY TO MR. RAZ OFER'S OBJECTION TO THE APPELLANT'S NOTICE OF VOLUNTARY DISMISSAL OF ITS APPEAL
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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|
| Docket Date |
2021-07-13
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| Type |
Response
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| Subtype |
Response
|
| Description |
RESPONSE ~ OBJECTION TO VOLUNTARY DISMISSALAS TO APPELLANT DREXEL
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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|
| Docket Date |
2021-07-08
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal ~ APPELLANT'S, 1560/1568 DREXEL AVENUE, LLC, NOTICE OF VOLUNTARY DISMISSAL
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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|
| Docket Date |
2021-07-06
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS COUNSEL FOR APPELLANT, 1560/1568 DREXEL AVENUE, LLC
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
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|
| Docket Date |
2021-07-02
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
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|
| Docket Date |
2021-07-02
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE. ORDERS APPEALED NOT ATTACHED. RELATED CASES: 21-1115, 21-394, 21-217, 21-190
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| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-07-02
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants 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 July 12, 2021.
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| Docket Date |
2021-07-02
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
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1560/1568 DREXEL AVENUE, LLC, etc., VS SAIDELL JACQUILINE JIMENEZ, et al.,
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3D2021-1115
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2021-05-12
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Closed
|
|
| Classification |
Original Proceedings - County Civil - Mandamus
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| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-1895 CC
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Parties
| Name |
1560/1568 DREXEL AVENUE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nashid Sabir
|
|
| Name |
SAIDELL JACQUILINE JIMENEZ
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DENISE A. GHARTEY, Ryan C. Tyler, SEAN ROWLEY
|
|
| Name |
JOHANN C. DALTON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Stephanie Silver
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2021-06-14
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| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-06-14
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| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-07
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| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of Petitioner’s Motion for Attorney's Fees, filed on June 2, 2021, it is ordered that said Motion is hereby denied as untimely. FERNANDEZ, SCALES and HENDON, JJ., concur.
|
|
| Docket Date |
2021-06-02
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| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-05-27
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| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of Respondent Johann C. Dalton’s Motion for Appellate Attorney’s Fees, it is ordered that said Motion is hereby denied.
|
|
| Docket Date |
2021-05-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Per Curiam Opinion
|
|
| Docket Date |
2021-05-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Denied (OD30) ~ Respondent Johann C. Dalton’s Motion to Strike Affidavit and Motion for Sanctions are hereby denied as moot.
|
|
| Docket Date |
2021-05-26
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER'S REPLY TO RESPONDENT'S MOTION TO STRIKE
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-05-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ Respondent Dalton's Motion to Strike Affidavit -and- Motion for Sanctions Against Petitioner 1560-1568 Drexel Ave LLC and Its Counsel
|
| On Behalf Of |
SAIDELL JACQUILINE JIMENEZ
|
|
| Docket Date |
2021-05-24
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ AFFIDAVIT OF RAZIEL OFER
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-05-24
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER'S REPLY TO RESPONDENT'S ANSWERTO PETITION FOR WRIT OF MANDAMUS
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-05-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ RESPONDENT'S SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
SAIDELL JACQUILINE JIMENEZ
|
|
| Docket Date |
2021-05-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO FIRST AMENDED EMERGENCY PETITION FOR WRIT OF MANDAMUS IN AN EVICTION ACTION
|
| On Behalf Of |
SAIDELL JACQUILINE JIMENEZ
|
|
| Docket Date |
2021-05-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ Respondent Dalton's Motion for Appellate Attorney's Fees
|
| On Behalf Of |
SAIDELL JACQUILINE JIMENEZ
|
|
| Docket Date |
2021-05-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Respondent Johann C. Dalton's Motion to Consolidate is granted, and case no. 3D21-1115 is hereby consolidated with the above-referenced petitions and appeals for the purpose of traveling together.Upon consideration, Respondent Johann C. Dalton's CorrectedMotion for Extension of Time to File a Response to the Emergency Petition for Writ of Mandamus is granted in part. Respondent shall file a response by the close of business on Friday, May 21, 2021. Petitioner may file a reply within five (5) days thereafter.
|
|
| Docket Date |
2021-05-18
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER'S REPLY TO RESPONDENT'S MOTION FOREXTENSION OF TIME TO FILE A RESPONSE TO PETITION FORWRIT OF MANDAMUS
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-05-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ Respondents' Corrected Motion for Extension of Time to File Response to Emergency Petition for Writ of Mandamus -and- Motion to Consolidate with Related Pending Proceedings
|
| On Behalf Of |
SAIDELL JACQUILINE JIMENEZ
|
|
| Docket Date |
2021-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SAIDELL JACQUILINE JIMENEZ
|
|
| Docket Date |
2021-05-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO AMEND PETITION FORWRIT OF MANDAMUS IN AN EVICTION PROCEEDING
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-05-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2021-05-13
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Upon consideration of Petitioner's Motion for Leave to Amend Petition, the First Amended Emergency Petition for Writ of Mandamus attached to said Motion is noted.Respondents are ordered to file a response by noon on Friday, May 14, 2021, to Petitioner's First Amended Emergency Petition for Writ of Mandamus.
|
|
| Docket Date |
2021-05-12
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ EMERGENCY PETITION FOR WRIT OF MANDAMUS IN AN EVICTION PROCEEDING
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-05-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF MANDAMUS
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-05-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
1560-1568 DREXEL AVENUE LLC, VS JOHANN C. DALTON, etc.,
|
3D2021-0394
|
2021-01-25
|
Closed
|
|
| Classification |
Original Proceedings - County Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
20-1895 CC
|
Parties
| Name |
1560/1568 DREXEL AVENUE LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOHANN C. DALTON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SEAN ROWLEY, DENISE A. GHARTEY, Ryan C. Tyler
|
|
| Name |
Hon. Stephanie Silver
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Respondent Johann C. Dalton's Motion to Consolidate is granted, and case no. 3D21-1115 is hereby consolidated with the above-referenced petitions and appeals for the purpose of traveling together.Upon consideration, Respondent Johann C. Dalton's CorrectedMotion for Extension of Time to File a Response to the Emergency Petition for Writ of Mandamus is granted in part. Respondent shall file a response by the close of business on Friday, May 21, 2021. Petitioner may file a reply within five (5) days thereafter.
|
|
| Docket Date |
2021-04-07
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-04-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-03-18
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition for Writ Dismissed (DA28A) ~ On January 25, 2021, Appellant filed a Notice of Appeal, through counsel, challenging a January 22, 2021, trial court order denying Appellant’s disqualification motion. On January 26, 2021, we entered an Order treating the appeal as a petition for writ of prohibition, and directed Appellant/Petitioner to file a petition for writ of prohibition on or before March 8, 2021. We also gave Appellant/Petitioner thirty (30) days from our February 5, 2021, Omnibus Order to retain counsel for this matter since Appellant/Petitioner is a business entity whose lawyer withdrew. Since no counsel has filed an appearance on behalf of Appellant/Petitioner, and no petition for writ of prohibition has been filed, we dismiss this case as forewarned in our February 5, 2021, Omnibus Order.
|
|
| Docket Date |
2021-03-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-02-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ On February 21, 2021, Appellee/Respondent Johann C. Dalton (the"tenant") filed a Notice of Related Cases in appellate case numbers 3D21-190,1 3D21-2172 and 3D21-394,3 matters pending in this Court between thetenant and Petitioner/Appellant 1560-1568 Drexel Avenue, LLC (the1 A Petition for Writ of Mandamus seeking a default judgment ofpossession. The landlord sought identical mandamus relief in the circuitcourt appellate division in lower case number 20-27301-CA-01; however,the lower court docket reflects that the landlord withdrew that mandamuspetition on January 12, 2021.2 An appeal transferred to this Court from the circuit court appellate divisionchallenging the trial court's nonfinal order issuing an injunction and grantingsanctions.3 An appeal of the trial court's order denying a motion to disqualify the trialjudge that, by virtue of this Court's January 21, 2021 order, we treat as apetition for writ of prohibition."landlord"). We, sua sponte, consolidate the matters for the purposes oftraveling together and being decided by the same panel. The parties arereminded that they shall continue to file any motion, brief, or other filing inthis Court under the respective appellate case number to which it isdirected only.Additionally:3D21-190In 3D21-190, the landlord seeks a writ of mandamus compellingthe trial court, without notice and hearing, to enter an immediate defaultjudgment of possession of the residential unit occupied by the tenant. OnJanuary 13, 2021, the landlord filed with this Court a copy of the trial court'sJanuary 13, 2021, order that denied the landlord's underlying motion fordefault judgment of possession. On January 27, 2021, this Court orderedthe tenant to file a response to the merits of the landlord's claim raised inthe Petition. The tenant now seeks an extension of time to file itsresponse, which we grant as set forth herein.Within twenty (20) days of the issuance of this Order, the partiesshall file a response to this order addressing whether, pursuant to FloridaRule of Appellate Procedure 9.130(a)(3)(C)(ii), this Court should treat thePetition for Writ of Mandamus as an appeal of a nonfinal order thatdetermines the right to immediate possession of property. Further, in thetenant's responsive filing, the tenant shall also respond to the merits of thelandlord's claim raised in the Petition.3D21-394In 3D21-394, the landlord seeks review of a January 21, 2021, orderdenying its motion to disqualify the trial judge. This Court ordered thelandlord to file its petition for writ of prohibition by February 15, 2021.Citing irreconcilable differences, the landlord's counsel, Alan Grossman,Esquire, now moves to withdraw as counsel for the landlord in case no.3D21-394. We grant the Motion to Withdraw. The Landlord is granted thirty(30) days from the date of this Order to appear through a member of TheFlorida Bar in default of which this appeal shall be dismissed. The landlordalso seeks an extension of time to and including March 8, 2021, to file itsprohibition petition. We grant the Motion for Extension of time as requested.So ordered.
|
|
| Docket Date |
2021-02-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-02-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ MOTION TO WITHDRAWAND FOR EXTENSION OF TIME
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-01-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ Counsel for Petitioner is ordered to pay the required three hundred dollar ($300.00) fee to the Clerk of the Court on or before February 8, 2021.
|
|
| Docket Date |
2021-01-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant's Notice of Appeal is treated as a petition for writ of prohibition. Appellant shall file a petition for writ of prohibition accompanied by an appendix within twenty (20) days from the date of this Order.
|
|
| Docket Date |
2021-01-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-01-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
|
1560-1568 DREXEL AVE LLC, VS JOHANN C. DALTON, etc.,
|
3D2021-0217
|
2021-01-13
|
Closed
|
|
| Classification |
NOA Non 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
20-1895 CC
County Court for the Eleventh Judicial Circuit, Miami-Dade County
20-202 AP
|
Parties
| Name |
1560/1568 DREXEL AVENUE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nashid Sabir
|
|
| Name |
JOHANN C. DALTON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SEAN ROWLEY, Ryan C. Tyler
|
|
| Name |
Hon. Stephanie Silver
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, the appellee’s Request for Oral Argument is hereby denied as moot.
|
|
| Docket Date |
2021-06-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion ~ Affirmed in part, dismissed in part.
|
|
| Docket Date |
2021-05-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Respondent Johann C. Dalton's Motion to Consolidate is granted, and case no. 3D21-1115 is hereby consolidated with the above-referenced petitions and appeals for the purpose of traveling together.Upon consideration, Respondent Johann C. Dalton's CorrectedMotion for Extension of Time to File a Response to the Emergency Petition for Writ of Mandamus is granted in part. Respondent shall file a response by the close of business on Friday, May 21, 2021. Petitioner may file a reply within five (5) days thereafter.
|
|
| Docket Date |
2021-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The Motion for Leave to Withdraw as Counsel is granted, and The Law Office of Ovide Val, and Ovide Val, Esquire, are withdrawn as counsel for Appellant, and relieved from any further responsibility in this cause.
|
|
| Docket Date |
2021-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-05-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ MOTION TO WITHDRAW AS COUNSEL FOR APPELLANT
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-04-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Reinstatement Gr and Dism Ord Vacated (OG40A) ~ Upon consideration, Appellant’s Motion for Reinstatement of Appeal is granted. This Court’s Order of March 23, 2021, is hereby vacated and the appeal is reinstated. Appellant may, but is not required to, file a reply brief within ten (10) days from the date of this Order.
|
|
| Docket Date |
2021-04-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-04-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-03-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ [Order Vacated 4/22/21] On February 15, 2021, we entered an Order requiring Appellant, a business entity, to appear through counsel in this Court within thirty (30) days. Since, contrary to our February 15, 2021, Order, Appellant has not appeared through counsel, we dismiss the appeal. See Aktan v. Gotham Collection Services Corp., 305 So. 3d 632 (Fla. 3d DCA 2020). Upon consideration of Appellee's Motion for Appellate Attorneys' Fees, it is ordered that said Motion is conditionally granted, conditioned upon Appellee ultimately prevailing in the underlying action.
|
|
| Docket Date |
2021-03-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Vacated 4/22/21
|
|
| Docket Date |
2021-02-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-02-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ APPELLEE'S REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ We grant the Landlord's counsel's Motion to Withdraw, and the law firm of Grossman Law Florida, LLC, and Alan Bryce Grossman, Esquire, are withdrawn as counsel for Appellant, and relieved from any further responsibility in this cause. The Landlord is granted thirty (30) days from the date of this Order to appear through a member of The Florida Bar in default of which this appeal shall be dismissed.
|
|
| Docket Date |
2021-02-11
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-02-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ On February 21, 2021, Appellee/Respondent Johann C. Dalton (the"tenant") filed a Notice of Related Cases in appellate case numbers 3D21-190,1 3D21-2172 and 3D21-394,3 matters pending in this Court between thetenant and Petitioner/Appellant 1560-1568 Drexel Avenue, LLC (the1 A Petition for Writ of Mandamus seeking a default judgment ofpossession. The landlord sought identical mandamus relief in the circuitcourt appellate division in lower case number 20-27301-CA-01; however,the lower court docket reflects that the landlord withdrew that mandamuspetition on January 12, 2021.2 An appeal transferred to this Court from the circuit court appellate divisionchallenging the trial court's nonfinal order issuing an injunction and grantingsanctions.3 An appeal of the trial court's order denying a motion to disqualify the trialjudge that, by virtue of this Court's January 21, 2021 order, we treat as apetition for writ of prohibition."landlord"). We, sua sponte, consolidate the matters for the purposes oftraveling together and being decided by the same panel. The parties arereminded that they shall continue to file any motion, brief, or other filing inthis Court under the respective appellate case number to which it isdirected only.Additionally:3D21-190In 3D21-190, the landlord seeks a writ of mandamus compellingthe trial court, without notice and hearing, to enter an immediate defaultjudgment of possession of the residential unit occupied by the tenant. OnJanuary 13, 2021, the landlord filed with this Court a copy of the trial court'sJanuary 13, 2021, order that denied the landlord's underlying motion fordefault judgment of possession. On January 27, 2021, this Court orderedthe tenant to file a response to the merits of the landlord's claim raised inthe Petition. The tenant now seeks an extension of time to file itsresponse, which we grant as set forth herein.Within twenty (20) days of the issuance of this Order, the partiesshall file a response to this order addressing whether, pursuant to FloridaRule of Appellate Procedure 9.130(a)(3)(C)(ii), this Court should treat thePetition for Writ of Mandamus as an appeal of a nonfinal order thatdetermines the right to immediate possession of property. Further, in thetenant's responsive filing, the tenant shall also respond to the merits of thelandlord's claim raised in the Petition.3D21-394In 3D21-394, the landlord seeks review of a January 21, 2021, orderdenying its motion to disqualify the trial judge. This Court ordered thelandlord to file its petition for writ of prohibition by February 15, 2021.Citing irreconcilable differences, the landlord's counsel, Alan Grossman,Esquire, now moves to withdraw as counsel for the landlord in case no.3D21-394. We grant the Motion to Withdraw. The Landlord is granted thirty(30) days from the date of this Order to appear through a member of TheFlorida Bar in default of which this appeal shall be dismissed. The landlordalso seeks an extension of time to and including March 8, 2021, to file itsprohibition petition. We grant the Motion for Extension of time as requested.So ordered.
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-02-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-02-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Transfer
|
| Description |
Order in Transferred Cases
|
|
| Docket Date |
2021-01-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Upon consideration, Appellant’s “Emergency Motion for Stay Pending Appeal as to Appellee’s Motion to Dismiss” is hereby denied. MILLER, GORDO and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-01-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TOAPPELLANT'S EMERGENCY MOTION FOR STAY PENDINGAPPEAL AS TO DEFENDANT'S MOTION TO DISMISS
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-01-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ APPELLANT'S EMERGENCY MOTION FOR STAY PENDINGAPPEAL AS TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-01-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-13
|
| Type |
Notice
|
| Subtype |
Circuit Court Appeal Documents
|
| Description |
Circuit Court Transfer Appeal Documents ~ ALL CASE DOCUMENTS
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-01-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
|
|
1560-1568 DREXEL AVENUE, LLC, VS JOHANN C. DALTON, etc.,
|
3D2021-0190
|
2021-01-13
|
Closed
|
|
| Classification |
NOA Non 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
20-1895 CC
|
Parties
| Name |
1560/1568 DREXEL AVENUE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nashid Sabir, Ovide Val, Roniel Rodriguez, IV
|
|
| Name |
JOHANN C. DALTON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SEAN ROWLEY, DENISE A. GHARTEY, Ryan C. Tyler
|
|
| Name |
Hon. Stephanie Silver
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ On July 2, 2021, Attorney Nashid Sabir, purportedly on behalf of Appellant/Petitioner 1560-1568 Drexel Avenue, LLC ("Drexel"), filed with this Court an Emergency Motion to Compel Compliance with this Court's June 14, 2021, Mandate issued in this case ("Motion"). Later that day, Attorney Roniel Rodriguez, IV, also purportedly on behalf of Drexel, filed both a Notice of Appearance, and a Notice of Voluntary Dismissal.Attorney Rodriguez's Notice of Appearance states that Drexel has terminated Attorney Sabir as its counsel. While Attorney Rodriguez's Notice seeks to voluntarily dismiss this fully-adjudicated appeal, a party's voluntary dismissal is not cognizable after a decision on the merits has been rendered. See Fla. R. App. P. 9.350(b). Hence, we presume that the purpose of Attorney Rodriguez's purported voluntary dismissal was to effectively withdraw the Motion filed by Attorney Sabir. On July 2, 2021, the Court entered an Order requiring Attorney Sabir to show cause (within five (5) days) as to why the Court should not treat Attorney Rodriguez's Notice of Voluntary Dismissal as Drexel's withdrawal of the Motion. On July 13, 2021, Attorney Sabir filed a detailed Response tothe Show Cause Order. In his Response, Attorney Sabir admits that hisrepresentation of Drexel has been terminated. The Court, therefore, treatsAttorney Rodriquez's July 2 Notice of Voluntary Dismissal as a withdrawalof Drexel's Motion, and deems Drexel's Motion withdrawn.
|
|
| Docket Date |
2021-07-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ Respondent's Motion for Extension of Time toRespond to Motion to Compel Compliance with Mandate
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-07-14
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER'S, 1560/1568 DREXEL AVENUE, LLC, BRIEFREPLY TO MR. NASHID SABIR'S RESPONSE TO THISHONORABLE COURT'S ORDER TO SHOW CAUSE
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ ATTORNEY SABIR'S RESPONSE TO SHOW CAUSE AS TO WHYDREXEL'S MOTION TO COMPEL COMPLIANCESHOULD NOT BE WITHDRAWN
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-07-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ PETITIONER'S MOTION FOR LEAVE TO FILE RESPONSEOUT OF TIME
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ PETITIONER'S NOTICE OF FILING WITH EXHIBITS ATTACHED
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-07-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ PETITIONER'S EMERGENCY MOTION TO COMPEL COMPLIANCE
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-07-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ On July 2, 2021, attorney Nashid Sabir, purportedly on behalf of appellant/petitioner/landlord 1560-1568 Drexel Avenue, LLC (“Drexel”), filed with this Court an Emergency Motion to Compel Compliance with this Court’s June 14, 2021, mandate issued in this case (“Motion”). Later that day, attorney Roniel Rodriguez IV, also purportedly on behalf of Drexel, filed both a notice of appearance, and a notice of voluntary dismissal. Attorney Rodriguez’s notice of appearance states that Drexel has terminated Attorney Sabir as its counsel. While Attorney Rodriguez’s notice seeks to voluntarily dismiss this fully-adjudicated appeal, a party’s voluntary dismissal is not cognizable after a decision on the merits has been rendered. See, Rule 9.350(b). Hence, we presume that the purpose of Attorney Rodriguez's purported voluntary dismissal was to effectively withdraw the Motion that Attorney Sabir filed earlier in the day. Within five (5) days, Attorney Sabir shall show cause as to why we should not treat Attorney Rodriguez’s notice of voluntary dismissal as Drexel’s withdrawal of the Motion.
|
|
| Docket Date |
2021-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-06-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-07
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of Petitioner’s Motion for Attorney's Fees, it is ordered that said Motion is hereby denied as untimely. FERNANDEZ, SCALES and HENDON, JJ., concur.
|
|
| Docket Date |
2021-06-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-05-27
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of Appellee/Respondent Johann C. Dalton’s Motions for Appellate Attorneys’ Fees, it is ordered that said Motions are hereby denied.
|
|
| Docket Date |
2021-05-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion ~ and remanded with instructions.
|
|
| Docket Date |
2021-05-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Respondent Johann C. Dalton's Motion to Consolidate is granted, and case no. 3D21-1115 is hereby consolidated with the above-referenced petitions and appeals for the purpose of traveling together.Upon consideration, Respondent Johann C. Dalton's CorrectedMotion for Extension of Time to File a Response to the Emergency Petition for Writ of Mandamus is granted in part. Respondent shall file a response by the close of business on Friday, May 21, 2021. Petitioner may file a reply within five (5) days thereafter.
|
|
| Docket Date |
2021-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ RESPONDENT'S SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-04-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument ~ Respondent's Request for Oral Argument
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-04-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ Respondent's Motion for Appellate Attorneys' Fees
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO EMERGENCY PETITIONFOR WRIT OF MANDAMUS
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-04-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ Respondent's Motion for Final Extension of Time to File Response to Emergency Petition for Writ of Mandamus
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-03-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Petitioner’s Response to Respondent’s Motion to Dismiss and Notice of Appearance are noted. Upon consideration, Respondent’s Motion to Dismiss is hereby denied. FERNANDEZ, SCALES and HENDON, JJ., concur.
|
|
| Docket Date |
2021-03-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE TORESPONDENT'S MOTION FOR DISMISS
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-03-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-03-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ Respondent's Motion for Appellate Attorney's Fees
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-03-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO RESPONDENT'S MEMORANDUMREGARDING MANDAMUS VERSUS NON-FINAL APPEAL
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-03-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ Respondent's Memorandum Regarding Mandamus Versus Non-Final Appeal
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-02-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondent’s Motion for Extension of Time to File a Response to the Emergency Petition for Writ of Mandamus is granted to and including April 1, 2021.
|
|
| Docket Date |
2021-02-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ Respondent's Motion for Extension of Time to File Response to Emergency Petition for Writ of Mandamus
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ Petitioner's Motion for Extension of Time to comply with this Court's February 5, 2021, Order is granted to and including twenty (20) days from the date of this Order.
|
|
| Docket Date |
2021-02-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO COMPLY
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ We grant the Landlord's counsel's Motion to Withdraw, and the law firm of Grossman Law Florida, LLC, and Alan Bryce Grossman, Esquire, are withdrawn as counsel for Appellant, and relieved from any further responsibility in this cause. The Landlord is granted thirty (30) days from the date of this Order to appear through a member of The Florida Bar in default of which this appeal shall be dismissed.
|
|
| Docket Date |
2021-02-11
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-02-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ On February 21, 2021, Appellee/Respondent Johann C. Dalton (the"tenant") filed a Notice of Related Cases in appellate case numbers 3D21-190,1 3D21-2172 and 3D21-394,3 matters pending in this Court between thetenant and Petitioner/Appellant 1560-1568 Drexel Avenue, LLC (the1 A Petition for Writ of Mandamus seeking a default judgment ofpossession. The landlord sought identical mandamus relief in the circuitcourt appellate division in lower case number 20-27301-CA-01; however,the lower court docket reflects that the landlord withdrew that mandamuspetition on January 12, 2021.2 An appeal transferred to this Court from the circuit court appellate divisionchallenging the trial court's nonfinal order issuing an injunction and grantingsanctions.3 An appeal of the trial court's order denying a motion to disqualify the trialjudge that, by virtue of this Court's January 21, 2021 order, we treat as apetition for writ of prohibition."landlord"). We, sua sponte, consolidate the matters for the purposes oftraveling together and being decided by the same panel. The parties arereminded that they shall continue to file any motion, brief, or other filing inthis Court under the respective appellate case number to which it isdirected only.Additionally:3D21-190In 3D21-190, the landlord seeks a writ of mandamus compellingthe trial court, without notice and hearing, to enter an immediate defaultjudgment of possession of the residential unit occupied by the tenant. OnJanuary 13, 2021, the landlord filed with this Court a copy of the trial court'sJanuary 13, 2021, order that denied the landlord's underlying motion fordefault judgment of possession. On January 27, 2021, this Court orderedthe tenant to file a response to the merits of the landlord's claim raised inthe Petition. The tenant now seeks an extension of time to file itsresponse, which we grant as set forth herein.Within twenty (20) days of the issuance of this Order, the partiesshall file a response to this order addressing whether, pursuant to FloridaRule of Appellate Procedure 9.130(a)(3)(C)(ii), this Court should treat thePetition for Writ of Mandamus as an appeal of a nonfinal order thatdetermines the right to immediate possession of property. Further, in thetenant's responsive filing, the tenant shall also respond to the merits of thelandlord's claim raised in the Petition.3D21-394In 3D21-394, the landlord seeks review of a January 21, 2021, orderdenying its motion to disqualify the trial judge. This Court ordered thelandlord to file its petition for writ of prohibition by February 15, 2021.Citing irreconcilable differences, the landlord's counsel, Alan Grossman,Esquire, now moves to withdraw as counsel for the landlord in case no.3D21-394. We grant the Motion to Withdraw. The Landlord is granted thirty(30) days from the date of this Order to appear through a member of TheFlorida Bar in default of which this appeal shall be dismissed. The landlordalso seeks an extension of time to and including March 8, 2021, to file itsprohibition petition. We grant the Motion for Extension of time as requested.So ordered.
|
|
| Docket Date |
2021-02-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ Respondents' Motion for Extension of Time to FileResponse to Emergency Petition for Writ of Mandamus
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-01-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Petitioner's "Emergency Motion for Leave of Court to File Supplement to Emergency Petition for Writ of Mandamus" is granted, and the Supplement to Petitioner's Emergency Petition for Writ of Mandamus attached to said Motion is deemed filed as of January 27, 2021.Respondent shall file a response within ten (10) days from the date of this Order to the Supplement to Petitioner's Emergency Petition for Writ of Mandamus. Petitioner may, but is not required to, file a reply within five (5) days thereafter.
|
|
| Docket Date |
2021-01-25
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ Respondent's Brief Regarding Jurisdiction
|
| On Behalf Of |
JOHANN C. DALTON
|
|
| Docket Date |
2021-01-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ On June 20, 2020, Governor DeSantis signed CS/CS/SB 1392 into law.See Ch. 2020-61, Laws of Fla. The bill, effective January 1, 2021, terminated the Florida circuit courts' jurisdiction to adjudicate appeals from county court orders and judgments, except as otherwise provided by law, id. at § 3; thus, providing theFlorida district courts of appeal with jurisdiction over such appeals by default. See Art. V, § 4(b)(1), Fla. Const. Florida Rules of Appellate Procedure 9.030(b)(3) and 9.030(c)(3), related to the district courts and the circuit courts' respective jurisdiction to issue extraordinary writs, have, to date, not been amended.In its Emergency Petition for Writ of Mandamus filed in this Court(appellate case number 3D21-191), Petitioner 1560-1568 Drexel Avenue, LLC, seeks a writ of mandamus from this Court compelling the county court to enter a default final judgment for removal pursuant to section 83.06, Florida Statutes.Therein, in footnote 2, Petitioner states that it originally filed a similar emergency petition in the appellate division of the circuit court, but that the emergency petition will be withdrawn because "the parties are in agreement that the Circuit Court no longer has jurisdiction over the prior filed Petition." A court's jurisdictionis conferred upon it by the Florida Constitution or by statute, "and cannot be created by waiver, acquiescence or agreement of the parties." Snider v. Snider, 686 So. 2d 802, 804 (Fla. 4th DCA 1997). Consequently, the parties' stipulation to this Court's jurisdiction "has no bearing on whether, in fact, such jurisdiction exist[s]."Polk Cnty. v. Sofka, 702 So. 2d 1243, 1245 (Fla. 1997).Within ten (10) days of the date of the issuance of this Order, the parties shall file supplemental briefing with this Court regarding this Court's jurisdiction to hear the instant Emergency Petition. Each party's brief shall not exceed fifteen (15) pages in length. In the alternative, the parties may file a joint jurisdictional brief not to exceed thirty (30) pages in length.So ordered.FERNANDEZ, SCALES and HENDON, JJ., concur.
|
|
| Docket Date |
2021-01-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ PETITIONER'S EMERGENCY MOTION FOR LEAVE OF COURTTO FILE SUPPLEMENT TO EMERGENCYPETITION FOR WRIT OF MANDAMUS
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-01-13
|
| 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 |
2021-01-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-01-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
| Docket Date |
2021-01-12
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus ~ EMERGENCY PETITION FOR WRIT OF MANDAMUS
|
| On Behalf Of |
1560/1568 Drexel Avenue, LLC
|
|
|
|
RAZIEL OFER, VS OPUSTONE, LLC,
|
3D2020-1354
|
2020-09-22
|
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
19-9489
|
Parties
| Name |
RO1 15R LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
1560/1568 DREXEL AVENUE LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RAZIEL OFER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
David J. Winker, Nashid Sabir
|
|
| Name |
1434 COLLINS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OPUSTONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Roniel Rodriguez, IV, EVAN A. CRAWFORD, Steven E. Gurian
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The Motion for Leave to Withdraw as Counsel is granted, and the law firm of Grossman Law Florida, LLC, and Alan Bryce Grossman, Esquire, are withdrawn as counsel for Appellants, and relieved from any further responsibility in this cause.The corporate Appellants are granted twenty (20) days from the date of this Order to appear through a member of the Florida Bar, in default of which this appeal shall be dismissed. The individual Appellants are granted twenty (20) days from the date of this Order to appear through a member of the Florida Bar, or proceed pro se.
|
|
| Docket Date |
2021-02-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-27 days to 03/01/2021
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 01/20/2021
|
|
| Docket Date |
2020-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-20 days to 12/21/2020
|
|
| Docket Date |
2020-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-11-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Upon consideration, Appellants' Emergency Motion for Stay Pending Appeal is hereby denied without prejudice to Appellants obtaining an automatic stay by posting a good and sufficient bond pursuant to Florida Rule of Appellate Procedure 9.310(b)(l). FERNANDEZ, LOGUE and LOBREE, JJ., concur.
|
|
| Docket Date |
2020-10-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLANTS' EMERGENCY MOTION TO STAY
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2020-10-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO RESPONSE TO APPELLANTS' EMERGENCY MOTION TO STAY
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2020-10-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellee is ordered to file a response within five (5) days from the date of this Order to Appellants' Emergency Motion for Stay Pending Appeal.
|
|
| Docket Date |
2020-10-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ APPELLANTS' EMERGENCY MOTION FOR STAY PENDING APPEAL
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-10-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLANTS' APPENDIX TO MOTION FOR STAY PENDING APPEAL
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-10-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANT'S CERTIFICATE OF SERVICE
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-10-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-09-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2020-09-22
|
| 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 |
2020-09-22
|
| 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 appellants is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2021-08-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellant is ordered to file a response, within ten (10) days from the date of this Order, to Appellee's Motion to Dismiss the Appeal, or Alternatively, to Relinquish Jurisdiction
|
|
| Docket Date |
2021-07-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2021-07-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEAL, OR ALTERNATIVELYTO RELINQUISH JURISDICTION TO THE TRIAL COURT
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2021-07-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Stipulation for Dismissal, filed on July 16, 2021, is recognized by the Court. This appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed between Appellants 1560/1568 Drexel Avenue, LLC, 1434 Collins, LLC and RO1 15R, LLC, and Appellee Opustone, LLC. Appellant Raziel Ofer’s appeal shall remain pending.
|
|
| Docket Date |
2021-07-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-07-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ STIPULATION FOR DISMISSAL
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2021-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The Motion for Leave to Withdraw as Counsel is granted, and the Law Office of Attorney Ovide Val and Ovide Val, Esquire, are withdrawn as counsel for Appellants, and relieved from any further responsibility in this cause.
|
|
| Docket Date |
2021-07-08
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-06-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, Appellee's Motion to Dismiss the Appeal is hereby denied without prejudice. Appellant Raz Ofer's Motion for Leave to File Initial Brief Out of Time is granted. Appellant shall file the initial brief within thirty (30) days from the date of this Order, with no further extensions of time allowed absent extraordonary circumstances. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal. FERNANDEZ, LOGUE and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-06-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE INITIAL BRIEF OUT OF TIME
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-06-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-06-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2021-06-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2021-05-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant is ordered to file a status report, within ten (10) days from the date of this Order, regarding the settlement agreement referred to in Appellee’s “Notice of Appearance and Notice of Settlement” filed on April 23, 2021.
|
|
| Docket Date |
2021-05-13
|
| 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 |
2021-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AND NOTICE OF SETTLEMENT
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2021-03-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ MOTION TO STAY PROCEEDINGS OF LOWER COURT, AND SPECIFICALLY THE ACT OF THE SHERIFF'S SALE OF PROPERTY OWNED BY THE APPELLANT(S) PENDING APPELLATE REVIEW
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Upon consideration, Appellants’ Motion to Stay Proceedings of Lower Court is hereby denied. FERNANDEZ, LOGUE and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ Appellants' Motion for Extension of Time to comply with the Court's February 8, 2021, Order is granted. Appellants shall have to and including thirty (30) days from the date of this Order to appear through counsel.
|
|
| Docket Date |
2021-02-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ APPELLANT'S TO COMPLY WITH COURT'S ORDER
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-02-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-02-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-43 days to 04/13/2021
|
|
| Docket Date |
2021-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO THEAPPELLANT'S MOTION TO REINSTATE APPEAL
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2021-09-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ APPELLANT'S MOTION TO REINSTATE APPEAL
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-09-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE ON BEHALF OF APPELLANT RAZIEL OFER
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-09-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon consideration of Appellee’s Motion to Dismiss the Appeal, or Alternatively, to Relinquish Jurisdiction to the Trial Court, it is ordered that the above-styled appeal is hereby dismissed.
|
|
| Docket Date |
2021-09-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-10-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELANT, RAZ OFER'S,RENEWED MOTION FOR RECONSIDERATION OF REINSTATEMENT
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2021-10-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEE'S APPENDIXTO ITS RESPONSE IN OPPOSITION TO APPELLANT'S RENEWEDMOTION FOR RECONIDERATION OF REINSTATEMENT OF APPEAL
|
| On Behalf Of |
OPUSTONE, LLC
|
|
| Docket Date |
2021-10-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ CO-COUNSEL NASHID SABIR'S MOTION TO RECONSIDER FACTUALALLEGATIONS IN SUPPORT OF REINSTATEMENT
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-10-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ APPELLANTS' RENEWED MOTION FORRECONSIDERATION OF REINSTATEMENT
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-10-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Reinstatement Denied (OD40) ~ Appellee’s Response in Opposition to the Appellant’s Motion to Reinstate Appeal, filed on September 27, 2021, is noted. Upon consideration, the appellant’s Motion to Reinstate Appeal is hereby denied. FERNANDEZ, C.J., and LOGUE and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-12-09
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ WITHDRAWAL AS COUNSEL FOR APPELLANTRAZ OFER IN THIS MATTER
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-12-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, pro se Appellant's "Renewed Emergency Motion for Stay and Reconsideration [of] Miscellaneous Order or Request for a Hearing" is hereby stricken as unauthorized. FERNANDEZ, C.J., and LOGUE and LOBREE, JJ., concur. The motions to withdraw as counsel for Appellant are moot, as the appeal was dismissed on September 8, 2021, and the Mandate was issued on November 12, 2021.
|
|
| Docket Date |
2021-12-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ APPELLANT'S RENEWED EMERGENCY MOTION FOR STAY AND RECONSIDERATION MISCELLANEOUS ORDER OR REQUEST FOR A HEARING
|
|
| Docket Date |
2021-12-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF WITHDRAWAL
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-12-08
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ WITHDRAWAL AS COUNSEL FOR APPELLANTRAZ OFER IN THIS MATTER
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-12-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, pro se Appellant’s Renewed Emergency Motion for Stay and Reconsideration is hereby stricken as unauthorized. FERNANDEZ, C.J., and LOGUE and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-12-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ AND RECONSIDERATION
|
|
| Docket Date |
2021-11-29
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This case is hereby dismissed. This Court lacks jurisdiction toreview an unelaborated decision from a district court of appeal thatis issued without opinion or explanation or that merely cites to anauthority that is not a case pending review in, or reversed orquashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla.2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State,926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla.2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v.Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ’g Co. v. EditorialAm. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d1356 (Fla. 1980).No motion for rehearing or reinstatement will be entertainedby the Court.
|
|
| Docket Date |
2021-11-22
|
| Type |
Supreme Court
|
| Subtype |
Notice of Appeal FSC
|
| Description |
Notice of Appeal to Supreme Court
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
NOTICE OF APPEAL
|
|
| Docket Date |
2021-11-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-11-12
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Reconsideration denied (OD57C) ~ Appellee’s Response to Appellant’s Renewed Motion for Reconsideration of Reinstatement, filed on October 21, 2021, is noted.Upon consideration, the appellant's Renewed Motion for Reconsideration of Reinstatement is hereby denied. Upon consideration, the “Motion to Reconsider Factual Allegations in Support of Reinstatement,” filed on October 9, 2021, is hereby denied.FERNANDEZ, C.J., and LOGUE and LOBREE, JJ., concur.
|
|
|
|
RAZIEL OFER, et al., VS MICHAEL I. BERNSTEIN, ESQ., et al.,
|
3D2020-0807
|
2020-06-01
|
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
17-13796
|
Parties
| Name |
PARAMOUNT 607 LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MPM 17A, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
702-13 HOLDINGS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
1560/1568 DREXEL AVENUE LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RAZIEL OFER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ovide Val, Nashid Sabir
|
|
| Name |
MICHAEL I. BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DIRAN V. SEROPIAN, JASON B. PEAR, GARY R. SHENDELL, Matthew A. Tornincasa
|
|
| Name |
OCEANVIEW REALTY GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCEAN INVESTMENT PROPERTIES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHAEL I. BERNSTEIN, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ RENEWED MOTION FOR LEAVE TO FILE OUT OF TIMERESPONSE TO APPELLEE'S ANSWER BRIEF
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-10-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-10-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-09-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ Reversed and remanded.
|
|
| Docket Date |
2021-09-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, Appellees’ Motion to Dismiss Appeal is hereby denied.
|
|
| Docket Date |
2021-09-02
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, Appellees Michael I. Bernstein, Esquire, and Michael I. Bernstein P.A., d/b/a The Bernstein Law Firm’s Request for Oral Argument is hereby denied.FERNANDEZ, C.J., and LOGUE and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-05-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-05-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellants’ “Renewed Motion for Leave to File Out of Time Response to Appellees’ Answer Brief” is treated as a motion for rehearing of this Court’s Order denying Appellants’ motion to file a reply brief out of time, and said motion is granted. Appellant is granted an extension of time of twenty (20) days from the date of this Order to file the reply brief, with no further extensions allowed. The filing or pendency of any motion shall not toll or delay this deadline.
|
|
| Docket Date |
2021-05-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, Appellants’ Motion for Leave to File Out of Time Response to Appellee’s Answer Brief is hereby denied. The Motion was filed after expiration of the deadline for filing the reply brief, and without complying with the conferral requirement of Florida Rule of Appellate Procedure 9.300.
|
|
| Docket Date |
2021-04-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ MOTION FOR LEAVE TO FILE OUT OF TIMERESPONSE TO APPELLEE'S ANSWER BRIEF
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-04-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANT'S NOTICE OF NO OPPOSITION TO THE APPELLEE'S REQUEST FOR ORAL ARGUMENT FILED MARCH 24th, 2021
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-03-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2021-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellants’ “Response in Opposition to Appellee’s Motion Seeking a Sixth (6th) Consecutive Extension of Time to File Their Answer Brief” is noted. Appellees’ Motion for Extension of Time to File the Answer Brief is granted as stated in the Motion.
|
|
| Docket Date |
2021-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ APPELLEES, OCEANVIEW REALTY GROUP, LLC AND OCEANVIEW INVESTMENT PROPERTIES, LLC'S JOINDER IN DEFENDANT MICHAEL I. BERNSTEIN, ESQ., and MICHAEL I. BERNSTEIN D/B/A THE THE BERNSTEIN LAW FIRM'S ANSWER BRIEF
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2021-03-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION SEEKING A SIXTH (6th,) CONSECUTIVE EXTENSION OF TIME TO FILE THEIR ANSWER BRIEF
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-03-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2021-03-19
|
| 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 |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2021-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-03-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2021-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-05 days to 03/20/2021
|
|
| Docket Date |
2021-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-20 days to 03/15/2021
|
|
| Docket Date |
2021-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2021-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The Motion for Leave to Withdraw as Counsel is granted, and the law firm of Grossman Law Florida, LLC, and Alan Bryce Grossman, Esquire, are withdrawn as counsel for Appellants, and relieved from any further responsibility in this cause. The corporate Appellants are grantedthirty (30) days from the date of this Order to appear through a member ofThe Florida Bar, in default of which their appeal shall be dismissed. Appellant Raziel Ofer is granted thirty (30) days from the date of this Order to obtain new counsel or proceed pro se.
|
|
| Docket Date |
2021-02-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2021-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-20 days to 02/23/2021
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2021-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2021-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB (Michael I. Bernstein, Esq. and Michael I Bernstein, P.A., etc.) -30 days to 02/03/21
|
|
| Docket Date |
2020-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB (Michael I. Bernstein, Esq. and Michael I Bernstein, P.A., etc.)-45 days to 1/4/21
|
|
| Docket Date |
2020-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2020-10-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Denied (OD30) ~ Upon consideration, Appellees’ Motion to Strike Portions of the Initial Brief is hereby denied. EMAS, C.J., and HENDON and LOBREE, JJ., concur.
|
|
| Docket Date |
2020-10-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLEES' MOTION TO STRIKE PORTIONS OF INITIAL BRIEF
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2020-09-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ INITIAL BRIEF OF APPELLANTS
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-08-07
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-08-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Entry of Order
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 9/29/20
|
|
| Docket Date |
2020-07-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-07-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, Appellees’ Motion to Dismiss Appeal is hereby deferred. The Order to Show Cause is carried with the case. The Notice of Compliance with Show Cause Order is noted, and the tardy filing will be considered with the other circumstances of Appellant Raziel Ofer’s counsel’s conduct in determining what sanctions may be imposed upon said counsel. EMAS, C.J., and HENDON and LOBREE, JJ., concur.
|
|
| Docket Date |
2020-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO DISMISSAND MOTION TO ACCEPT SHOW CAUSE FILING NUNC PRO TUNC
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-07-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2020-07-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF COMPLIANCE WITH SHOW CAUSE ORDER
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-07-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Upon consideration, the appellant Raziel Ofer’s Motion for Reinstatement is granted, and the appeal is reinstated. On its own motion, the Court directs counsel for Appellant to show cause within ten (10) days why he should not be sanctioned for failing to comply with this Court’s Order dated June 2, 2020, and for failing to respond to this Court’s attempts to obtain counsel’s compliance and payment of the filing fee in this cause, leading to dismissal of this appeal and causing needless delay.
|
|
| Docket Date |
2020-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION FOR REINSTATEMENT AND TOVACATE ORDER OF DISMISSAL DUE TO EXCUSABLENEGLECT OF APPELLANT'S COUNSEL
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2020-06-25
|
| 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 June 2, 2020, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2020-06-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2020-06-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ MOTION FOR REINSTATEMENT AND TO VACATEORDER OF DISMISSAL DUE TO EXCUSABLENEGLECT OF APPELLANT'S COUNSEL
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-06-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Appeal Reinstated 7/1/20
|
|
| Docket Date |
2020-06-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
RAZIEL OFER
|
|
| Docket Date |
2020-06-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants 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 June 12, 2020.
|
|
| Docket Date |
2020-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
MICHAEL I. BERNSTEIN
|
|
| Docket Date |
2020-06-01
|
| 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 |
2020-06-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
