| Docket Date |
2022-04-05
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-04-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-03-16
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition for Writ Dismissed (DA28A) ~ The Court dismisses the Petition for Writ of Certiorari for lack of jurisdiction. See Banco Latino (S.A.C.A.) v. Kimberly, 979 So. 2d 1169 (Fla. 3d DCA 2008); see also Windhaven Ins. Co. v. Mesquita, 278 So. 3d 212, 214 (Fla. 3d DCA 2019) (“[A]n order allowing discovery that potentially could lack relevancy is not subject to certiorari relief.”). Upon consideration of Respondent’s Motion for Appellate Attorneys’ Fees and Costs, it is ordered that said Motion is granted, conditioned upon Respondent ultimately prevailing below. Petitioners’ Motion for Appellate Attorney’s Fees and Costs is hereby denied.
|
|
| Docket Date |
2022-03-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONERS' RESPONSE TO RESPONDENT'S MOTION FORAPPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
CLH HOMES, LLC
|
|
| Docket Date |
2022-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Petitioners’ Agreed Motion for Extension of Time to file a response to Respondent’s Motion for Appellate Attorneys’ Fees and Costs is granted to and including
|
|
| Docket Date |
2022-02-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ US BANK'S RESPONSE TO PETITIONERS MOTION FOR APPELLATE ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2022-02-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ PETITIONERS' AGREED-TO MOTION FOR THREE-BUSINESS DAYEXTENSION OF TIME TO RESPOND TO RESPONDENT'S MOTIONFOR APPELLATE ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
CLH HOMES, LLC
|
|
| Docket Date |
2022-02-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX TO REPLY IN SUPPORT OF PETITIONFOR WRIT OF CERTIORARI
|
| On Behalf Of |
CLH HOMES, LLC
|
|
| Docket Date |
2022-02-24
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CLH HOMES, LLC
|
|
| Docket Date |
2022-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Respondent U.S. Bank National Association, as Trustee for Velocity Commercial Capital Loan Trust 2018-1, seeks leave of the Court to file its response to Petitioners’ motion for appellate attorney’s fees and costs five days after this Court adjudicates the merits of the certiorari petition filed by Petitioners CLH Homes, LLC, and Carlos Luis Hernandez. In support, Respondent argues that, if it prevails and the Court denies the petition, such denial on the merits will obviate the need for a response to Petitioner's fee motion. Thus, Respondent argues, granting its motion will conserve Respondent’s resources. It appears Petitioners have no objection to Respondent’s motion. We, however, are concerned about disturbing the construct of this Court’s adjudication of fee motions. We, therefore, grant in part, and deny in part, Respondent’s motion. Florida Rule of Appellate Procedure 9.400(b)(2) requires that fee motions in original proceedings be filed no later than the date the petitioner’s reply brief is due. Florida Rule of Appellate Procedure 9.300(a) requires that responses to motions, including fee motions, be filed within fifteen days of service of the motion. While Rule 9.300(a) allows the Court to extend or shorten the time that a party has to respond to any motion, we decline to apply the rule so as to make a response to a fee motion contingent upon the adjudication of the petition’s merits. Generally, this Court issues its adjudication of fee motions contemporaneously with its issuance of the Court’s adjudication of the merits of the underlying matter. This construct obviously requires that responses to fee motions be filed prior to the Court adjudicating the matter’s merits. One practical reason for such contemporaneous issuance is so the non-prevailing party will know, prior to filing motions directed toward the Court’s merits determination, whether the movant will be exposed to fee liability for such post-decision motion practice. We decline to vary this construct in this case. Given, however, this Court’s February 11, 2022, order requiring Respondent to file an amended response and appendix, we grant Respondent an extension of time to file a response to Petitioners’ January 26, 2022, fee motion so that Respondent’s response will not be due until ten (10) days following Respondent’s filing of its amended response and appendix. So ordered.
|
|
| Docket Date |
2022-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AMENDED RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2022-02-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ AMENDED APPENDIX TO AMENDED RESPONSE TO PETITION FORWRIT OF CERTIORARI
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2022-02-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO PETITIONER'S MOITON FOR APPELLATE ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2022-02-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Granted (OG30) ~ The Court grants Petitioners' "Motion to Strike Portions of Respondent's Appendix and Respondent's Response" that contain, and reference, documents that are not part of the record below. See Konoski v. Shekarkhar, 146 So. 3d 89 (Fla. 3d DCA 2014). Within seven (7) days from the date of this Order, Respondent shall file an amended response, and an amended appendix that conforms to the requirements of Florida Rule of Appellate Procedure 9.220. Petitioner may, but is not required to, file a reply within five (5) days thereafter. Petitioners' Motion for Extension of Time to File Reply to the response to the Petition for Writ of Certiorari is hereby denied as moot.
|
|
| Docket Date |
2022-02-10
|
| 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 AND COSTS
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2022-02-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ PETITIONERS' MOTION FOR EXTENSION OF TIME TO FILE REPLY INSUPPORT OF PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CLH HOMES, LLC
|
|
| Docket Date |
2022-02-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Respondent is ordered to file a response, within five (5) days from the date of this Order, to “Petitioners’ Motion to Strike Portions of Respondent’s Appendix and Respondent’s Response.”
|
|
| Docket Date |
2022-02-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ US BANK'S RESPONSE TO PETITIONERS' MOTION TO STRIKEPORTIONS OF RESPONDENT'S APPENDIX AND RESPONDENT'SRESPONSE AND COMBINED MOTION FOR LEAVE TO FILE ANAMENDED APPENDIX AND TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2022-02-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ PETITIONERS' MOTION TO STRIKE PORTIONS OF RESPONDENT'SAPPENDIX AND RESPONDENT'S RESPONSE
|
| On Behalf Of |
CLH HOMES, LLC
|
|
| Docket Date |
2022-02-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO RESPONSE
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2022-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2022-01-31
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Petitioners' Notice of Filing Lower Court Order Staying Depositions Pending Resolution of Petition for Writ of Certiorari is noted. Respondent is ordered to file a response, within five (5) days from the date of this Order, to the Petition for Writ of Certiorari. Petitioners may, but are not required to, file a reply within three (3) days thereafter.
|
|
| Docket Date |
2022-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ PETITIONERS' NOTICE OF FILING LOWER COURT ORDERSTAYING DEPOSITIONS PENDING RESOLUTION OFPETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CLH HOMES, LLC
|
|
| Docket Date |
2022-01-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2022-01-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CLH HOMES, LLC
|
|
| Docket Date |
2022-01-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-01-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ PETITIONERS' MOTION FOR APPELLATE ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
CLH HOMES, LLC
|
|
| Docket Date |
2022-01-26
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CLH HOMES, LLC
|
|
