Docket Date |
2022-10-20
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ This court's October 12, 2022, order is vacated. Petitioner's notice of filing stipulations of voluntary dismissal is stricken.
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Docket Date |
2022-10-12
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ *VACATED-SEE 10/20/2022 ORDER.*"Petitioner's Notice of Filing Stipulations of Voluntary Dismissal" is granted, and this proceeding is dismissed.
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Docket Date |
2022-10-06
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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 ~ *STRICKEN-SEE 10/20/2022 ORDER.*STIPULATIONS OF VOLUNTARY DISMISSAL
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On Behalf Of |
GCTC HOLDINGS, LLC
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Docket Date |
2022-10-03
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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Docket Date |
2022-10-03
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2022-09-09
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Type |
Disposition
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Subtype |
Granted
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Description |
Granted - Authored Opinion ~ ; order quashed.
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Docket Date |
2022-09-09
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Type |
Order
|
Subtype |
Order
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Description |
Miscellaneous Order ~ Petitioner is the prevailing party in this certiorari proceeding. Thus we grant petitioner's amended motion for appellate attorneys' fees pursuant to section 11.5 of the lease between the parties as to respondents Tag QSR and Gulf Coast Pita LLC d/b/a Pita Pit only. The award is contingent upon petitioner ultimately prevailing in the action below. In the event that petitioner prevails below, the trial court shall determine the amount of the fees. Petitioner also seeks appellate attorneys' fees as against respondents Ralph C. Anzivino and Mary Jo Anzivino pursuant to section 9 of the guaranty between petitioner and the Anzivinos. However, we have determined that portion of the amended motion was untimely, and we therefore deny that request. Respondents' motion for prevailing party appellate attorneys' fees pursuant to section 11.5 of the lease and section 9 of the guaranty is denied as respondents have not prevailed in this certiorari proceeding. See E. Coast Metal Decks, Inc. v. Boran Craig Barber Engel Constr. Co., 114 So. 3d 311, 314 (Fla. 2d DCA 2013) ("[W]e continue to adhere to the traditional approach conditionally awarding prevailing party appellate attorneys' fees only to the party who prevails on appeal."); Brevard Orthopaedic, Spine, & Pain Clinics, Inc. v. Health First Medical Mgmt., Inc., 130 So. 3d 274, 275 (Fla. 5th DCA 2014) (following East Coast Metal Decks, Inc., and denying fees to petitioner who did not prevail in certiorari proceeding). Respondents' objection to petitioner's amended motion for appellate attorneys' fees is noted.
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Docket Date |
2022-05-03
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ RESPONDENTS' OPPOSITION TO PETITIONER'S AMENDED MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
T TAG QSR, LLC
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|
Docket Date |
2022-04-21
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ PETITIONER'S AMENDED MOTION FOR AWARDOF APPELLATE ATTORNEY'S FEES
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On Behalf Of |
GCTC HOLDINGS, LLC
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|
Docket Date |
2022-04-21
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONDENTS' OPPOSITION TO PETITIONER'S MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
T TAG QSR, LLC
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|
Docket Date |
2022-04-18
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PETITIONER'S RESPONSE TO RESPONDENTS' MOTION FOR ATTORNEY'S FEES
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On Behalf Of |
GCTC HOLDINGS, LLC
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|
Docket Date |
2022-04-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Reply to Response
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Description |
grant eot for cert reply ~ Petitioner's motion for extension of time to serve the reply is granted. The replyshall be served by April 12, 2022.
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|
Docket Date |
2022-04-06
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
T TAG QSR, LLC
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|
Docket Date |
2022-04-06
|
Type |
Brief
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Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
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On Behalf Of |
GCTC HOLDINGS, LLC
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Docket Date |
2022-03-24
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
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Description |
Motion for Extension of Time ~ PETITIONER'S UNOPPOSED MOTION FOREXTENSION OF TIME TO FILE REPLY
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On Behalf Of |
GCTC HOLDINGS, LLC
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Docket Date |
2022-02-25
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Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO PETITION FOR WRIT OF CERTIORARI
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On Behalf Of |
T TAG QSR, LLC
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|
Docket Date |
2022-01-31
|
Type |
Misc. Events
|
Subtype |
Certificate of Service
|
Description |
Certificate of Service ~ PETITIONER'S AMENDED CERTIFICATE OF SERVICE
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On Behalf Of |
GCTC HOLDINGS, LLC
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Docket Date |
2022-01-27
|
Type |
Order
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Subtype |
Order on Motion for Extension of Time to File Response
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Description |
grant eot for cert response ~ Respondents' motion for extension of time to serve the response is granted. Theresponse shall be served within 30 days of this order.
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Docket Date |
2022-01-25
|
Type |
Order
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Subtype |
Order on Motion For Substitution of Counsel
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Description |
counsel substitution ~ Pursuant to the filing of the notice of substitution of counsel, the firm of Quarles & Brady, LLP, is substituted as Respondent's counsel of record and Attorney Edward L. Larsen is relieved of further appellate responsibilities.
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Docket Date |
2022-01-24
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Counsel
|
Description |
Motion For Substitution of Counsel
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On Behalf Of |
T TAG QSR, LLC
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Docket Date |
2022-01-24
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion Extension of time To File Response
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On Behalf Of |
T TAG QSR, LLC
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|
Docket Date |
2021-12-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
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Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. Theresponse shall be served by January 26, 2022.
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Docket Date |
2021-12-21
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
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Description |
Motion for Extension of Time to File Response ~ RESPONDENT'S UNOPPOSED MOTION FOR AN EXTENSION OF TIMETO SERVE RESPONSE TO PETITION FOR WRIT OF CERTIORARI
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On Behalf Of |
T TAG QSR, LLC
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|
Docket Date |
2021-11-24
|
Type |
Order
|
Subtype |
Order to Respond to Petition
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Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
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|
Docket Date |
2021-11-12
|
Type |
Misc. Events
|
Subtype |
Certificate of Service
|
Description |
Certificate of Service ~ PETITIONER'S NOTICE OF FILINGAMENDED CERTIFICATE OF SERVICE
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On Behalf Of |
GCTC HOLDINGS, LLC
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|
Docket Date |
2021-11-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter 1 ~ AMENDED
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Docket Date |
2021-11-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
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Docket Date |
2021-11-10
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT
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On Behalf Of |
GCTC HOLDINGS, LLC
|
|
Docket Date |
2021-11-10
|
Type |
Misc. Events
|
Subtype |
Fee Status
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Description |
FP:Fee Paid Through Portal
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Docket Date |
2021-11-10
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
GCTC HOLDINGS, LLC
|
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