| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
22-21712-CA-01
|
Parties
| Name |
SOUTHEAST LAND DEVELOPMENT GROUP LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Tyler Mesmer
|
|
| Name |
REI SOUTH FLORIDA, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Tyler Mesmer
|
|
| Name |
JACK BALAYLA INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kenneth Chase
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-08-08
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-07-19
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Petitioners Southeast Land Development Group, LLC, and REI South Florida, LLC, defendants below, challenge, via a prohibition Petition, the trial court's June 3, 2024, order denying as legally insufficient Petitioners' May 20, 2024, motion seeking to disqualify the trial judge. Petitioners assert that comments made by the trial court during a May 1, 2024, hearing on the parties' cross motions for summary judgment give Petitioners sufficient cause to believe that the trial court is biased against them.
Specifically, at the May 1st hearing, the trial court expressed reservations about an April 25, 2023, partial summary judgment order that had been entered in the case by a predecessor judge. The trial court further expressed that his reservations about that prior non-final order were such that he was unable to rule on the pending summary judgment motions until his concerns were assuaged.
The trial court did not, as asserted by Petitioners, sua sponte reconsider his predecessor's order, nor did he "provide legal advice" to Respondent Jack Balayla. It is well settled that a trial court is free to reconsider non-final orders entered in a case by a predecessor judge, so long as proper notice is provided to the parties. See Jain v. Buchanan Ingersoll & Rooney PC, 322 So. 3d 1201, 1204 (Fla. 3d DCA 2021).
Petition denied.
EMAS, SCALES and BOKOR, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-07-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
The Petitioners' Notice of Appellee's Failure to Oppose the Relief Requested in the Petition for Writ of Prohibition as Required under this Court's June 18, 2024, Order and Motion for Order to Show Cause
|
| On Behalf Of |
Southeast Land Development Group, LLC
|
| View |
View File
|
|
| Docket Date |
2024-06-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
The party, if any, opposing the relief requested in the Petition for
Writ of Prohibition shall, and the respondent judge may, file a response within
twenty (20) days from the date of this Order to the Petition for Writ of
Prohibition. This Order does not stay further proceedings in the lower
tribunal. Petitioners may, but are not required to, file a reply within ten (10)
days thereafter.
|
| View |
View File
|
|
| Docket Date |
2024-06-17
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
$300 case filing fee paid through the portal. Batch no. 200681857
|
| On Behalf Of |
Southeast Land Development Group, LLC
|
| View |
View File
|
|
| Docket Date |
2024-06-17
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-06-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This is to notify counsel for petitioners that the filing and prosecution of a petition in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this petition will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before June 27, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-06-17
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition for Writ of Prohibition
|
| On Behalf Of |
Southeast Land Development Group, LLC
|
| View |
View File
|
|
| Docket Date |
2024-06-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition for Writ of Prohibition
|
| On Behalf Of |
Southeast Land Development Group, LLC
|
| View |
View File
|
|
|
