|
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.
|
|
|
