| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA000475XXX
|
Parties
| Name |
ARCA 21, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Julissa Rodriguez, Kristin Drecktrah Paz, Harold E. Patricoff, Aliette D. Rodz
|
|
| Name |
ARCA GROUP INTERNATIONAL
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ROBERT GREEN & COMPANY INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Bernard A. Lebedeker, J. Michael Burman, Jane Kreusler-Walsh, Kelly Schulz, Stephanie L. Serafin, Rebecca Mercier Vargas, Justus Webb Reid, Daniela Fonseca Puggina, Jeffrey N. Golant
|
|
| Name |
Josh McAlees
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. James Martz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that respondents’ November 4, 2020 motion for rehearing is denied.
|
|
| Docket Date |
2020-11-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ARCA 21, LLC
|
|
| Docket Date |
2020-11-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
ROBERT GREEN
|
|
| Docket Date |
2020-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that respondents’ October 19, 2020 motion for extension is granted, and the time for filing post-opinion motions is extended to and including November 4, 2020.
|
|
| Docket Date |
2020-10-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
ROBERT GREEN
|
|
| Docket Date |
2020-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ROBERT GREEN
|
|
| Docket Date |
2020-10-06
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that, having considered the response and reply to this court’s order to show cause, the petition for writ of certiorari is granted. The buyers contractually agreed to waive the right to file a lis pendens unless they brought an action seeking only specific performance of the real estate contract. In the complaint, however, the buyers alleged several causes of action in addition to specific performance. The trial court thus departed from the essential requirements of law by allowing the buyers to maintain a lis pendens against the subject property. See Lopes v. Sappington, 958 So. 2d 483, 485 (Fla. 4th DCA 2007); see also Kipp v. Kipp, 844 So. 2d 691, 693 (Fla. 4th DCA 2003). Further, the lis pendens creates irreparable harm by constraining the petitioners’ right to freely alienate the property. See Hallmark Mfg., Inc. v. Lujack Constr. Co., Inc., 372 So. 2d 520, 521 (Fla. 4th DCA 1979). Accordingly, the trial court’s order denying the motion to dissolve notice of lis pendens is quashed. Further,ORDERED that petitioners’ July 13, 2020 motion for appellate attorney's fees is granted pursuant to Section 48.23(3), Florida Statutes, and pursuant to Florida Rule of Appellate Procedure 9.400(b), upon remand of this cause, the amount of attorney’s fees shall be assessed by the trial court upon due notice and hearing, subject to review by this court under Florida Rule of Appellate Procedure 9.400(c). If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. LEVINE, C.J., DAMOORGIAN and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2020-10-06
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2020-07-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ARCA 21, LLC
|
|
| Docket Date |
2020-07-13
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
ARCA 21, LLC
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioners’ June 22, 2020 motion for extension of time is granted, and the time for filing a reply is extended to July 13, 2020.
|
|
| Docket Date |
2020-06-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
ARCA 21, LLC
|
|
| Docket Date |
2020-06-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
ROBERT GREEN
|
|
| Docket Date |
2020-06-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that respondent's appendix to the response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not fully text searchable and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-06-10
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **STRICKEN**
|
| On Behalf Of |
ROBERT GREEN
|
|
| Docket Date |
2020-06-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ROBERT GREEN
|
|
| Docket Date |
2020-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent’s May 6, 2020 motion for extension of time is granted, and the time for filing a response is extended to June 10, 2020.
|
|
| Docket Date |
2020-05-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
ROBERT GREEN
|
|
| Docket Date |
2020-05-01
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2020-04-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
ARCA 21, LLC
|
|
| Docket Date |
2020-03-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
ARCA 21, LLC
|
|
| Docket Date |
2020-03-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the Petitioner’s appendix to the Petition for Writ of Certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-03-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2020-03-19
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **STRICKEN***FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
ARCA 21, LLC
|
|
| Docket Date |
2020-03-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-03-19
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
ARCA 21, LLC
|
|
|
