|
LAKE WORTH DEVELOPMENT TRUST, VS COLUMBUS APARTMENTS, LLC,
|
3D2022-2084
|
2022-12-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
22-3898
|
Parties
| Name |
LAKE WORTH DEVELOPMENT TRUST
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Paul Arcia
|
|
| Name |
COLUMBUS APARTMENTS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JUSTIN B. KAPLAN, ELAINE KUSSURELIS
|
|
| Name |
Hon. Vivianne Del Rio
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-05
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-04-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-03-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court’s own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida, is dismissed for failure to comply with this Court’s Order dated February 16, 2023, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2023-03-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-02-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| 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.
|
|
| Docket Date |
2022-12-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
LAKE WORTH DEVELOPMENT TRUST
|
|
| Docket Date |
2022-12-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant 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 December 12, 2022.
|
|
| Docket Date |
2022-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LAKE WORTH DEVELOPMENT TRUST
|
|
| Docket Date |
2022-12-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
COLUMBUS APARTMENTS, LLC, etc., et al., VS MJM STRUCTURAL CORP., etc., et al.,
|
3D2021-1999
|
2021-10-08
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-18460
|
Parties
| Name |
COLUMBUS APARTMENTS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
W. Aaron Daniel, William D. Mueller, Elliot B. Kula, JUSTIN B. KAPLAN
|
|
| Name |
SUNCOAST CONSTRUCTION GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MJM STRUCTURAL CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ANDY R. HERNANDEZ, CORY S. CARANO, Geoffrey B. Marks, George A. Minski
|
|
| Name |
LAKE WORTH DEVELOPMENT LAND TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-10-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-09-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ MJM'S RESPONSE TO MOTION FOR REHEARING
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2022-09-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION FOR REHEARING
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellee Lake Worth Development Trust’s Unopposed Motion for Extension of Time to file a response to Appellants’ Motion for Rehearing is granted to and including September 21, 2022.
|
|
| Docket Date |
2022-09-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ APPELLEE MJM'S UNOPPOSED MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2022-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellee MJM Structural Corp.'s Unopposed Motion for Extension of Time to file a response to Appellants' Motion for Rehearing is granted to and including September 16, 2022.
|
|
| Docket Date |
2022-08-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLANT'S MOTION FOR REHEARING
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2022-08-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2022-07-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Authored Opinion
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellee MJM Structural Corp.’s Motion for Award of Appellate Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount.
|
|
| Docket Date |
2022-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2022-04-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2022-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellants’ Agreed Motion for an Extension of Time to File the Reply Brief is granted to and including April 20, 2022, with no further extensions allowed.
|
|
| Docket Date |
2022-03-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ AGREEDMOTION FOR SECOND EXTENSION OF TIMETO FILE REPLY BRIEF OF APPELLANTS
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2022-03-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR AWARD OF APPELLATE FEESPURSUANT TO FLA. R. APP. R 9.400
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2022-02-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ AGREEDMOTION FOR EXTENSION OF TIMETO FILE REPLY BRIEF OF APPELLANTS
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2022-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB-30 days to 3/21/2022
|
|
| Docket Date |
2022-01-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEE MJM STRUCTURAL CORP.'SANSWER BRIEF
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2022-01-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ANSWER BRIEF OF MJM STRUCTURAL CORP.
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2022-01-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ANSWER BRIEF OF LAKE WORTH
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2022-01-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEE LAKE WORTHDEVELOPMENT LAND TRUST'S ANSWER BRIEF
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-12-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-38 days to 1/20/2022
|
|
| Docket Date |
2021-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-36 days to 1/20/2022
|
|
| Docket Date |
2021-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-11-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TOINITIAL BRIEF OF APPELLANTS
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-11-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-20 days to 11/11/21
|
|
| Docket Date |
2021-10-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AGREEDMOTION FOR EXTENSION OF TIMETO FILE INITIAL BRIEF OF APPELLANTS
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ RELATED CASES: 21-1755, 21-1709, 21-1600, 21-1374, 21-509, 20-1110
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-10-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-10-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Appellee Lake Worth Development Trust’s Response to the Motion for Rehearing, filed on September 21, 2022, is noted. Appellee MJM Structural Corp.’s Response to the Motion for Rehearing, filed on September 23, 2022, is also noted.Upon consideration, Appellants’ Motion for Rehearing is hereby denied. FERNANDEZ, C.J., and LINDSEY and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-10-08
|
| 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 October 18, 2021.
|
|
|
|
COLUMBUS APARTMENTS, LLC, et al., VS MJM STRUCTURAL CORP., etc.,
|
3D2021-1755
|
2021-08-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-18460
|
Parties
| Name |
SUNCOAST CONSTRUCTION GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
514 STRATEGIC DEVELOPMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COLUMBUS APARTMENTS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Elliot B. Kula
|
|
| Name |
MJM STRUCTURAL CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Geoffrey B. Marks, CHRISTIN COLEMAN GALLARDO, CORY S. CARANO, George A. Minski, ANDY R. HERNANDEZ
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CERTIFIED.
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-08-31
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, the appellants are directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2021-08-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED. INCOMPLETE CERTIFICATE OF SERVICERELATED CASES: 21-1709, 21-1600, 21-1374, 21-509, 20-1110
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-10-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-10-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-10-06
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellants’ Notice of Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed. Upon consideration of Appellee’s Motion for Award of Appellate Fees, and the Response and Reply thereto, it is ordered that said Motion is granted, and the matter is remanded to the trial court.
|
|
| Docket Date |
2021-10-06
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-10-04
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ APPELLEE'S REPLY TO APPELLANTS' RESPONSE TO APPELLEE'S MOTION FOR AWARD OF APPELLATE FEES
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-10-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TOAPPELLEE'S MOTION FOR AWARD OF APPELLATE FEES
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-24
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated (OR29) ~ This Court's Order of September 23, 2021, having beeninadvertently entered, is hereby vacated.Appellants are directed to file a response, within five (5) daysfrom the date of this Order, to Appellee's Motion for Award of AppellateFees.
|
|
| Docket Date |
2021-09-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ [ORDER VACATED 9/24/21] Appellee is ordered to file a response, within five (5) days from the date of this Order, to Appellants' Notice of Voluntary Dismissal of Appeal.
|
|
| Docket Date |
2021-09-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANTS' NOTICE OF VOLUNTARY DISMISSAL
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR AWARD OF APPELLATE FEESPURSUANT TO FLA. R. APP. R 9.400
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-14
|
| 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 firm of Marrero, Chamizo, Marcer Law, LP, and Julio C. Marrero, Esquire, are withdrawn as counsel for Appellants, and relieved from any further responsibility in the above-styled appeal.Notwithstanding this Order granting Julio C. Marrero, Esquire, leave to withdraw, Mr. Marrero is hereby ordered to file a response by 10:00 a.m. Wednesday, September 15, 2021, directed to the allegations contained in Elliot B. Kula, Esquire's Motion for an Order Removing Mr. Marrero as Counsel of Record.EMAS, LINDSEY and GORDO, JJ., concur.Upon consideration, Appellee's Motion for Extension of Time to Respond to Appellants' Emergency Motion is hereby denied as moot.Further, Lake Worth Development Corp.'s Response and Request for Extension of Time is hereby denied as moot.
|
|
| Docket Date |
2021-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ LAKE WORTH DEVELOPMENT CORP'S RESPONSE AND REQUESTFOR EXTENSION OF TIME TO APPELLANT'S EMERGENCY MOTIONDATED SEPTEMBER 8, 2021
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ URGENT AND SENSITIVE MOTION FOR ORDER(i) REMOVING ATTORNEY JULIO MARREROAS COUNSEL OF RECORD (HIS HAVING REFUSED TO DO SOUPON REPEATED REQUESTS OF APPELLANTS) AND(ii) RECOGNIZING THE WITHDRAWL OF UNAUTHORIZEDFILING OF EMERGENCY MOTION FOR STAY
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ COUNSEL TO APPELLANTS' MOTION TO WITHDRAW ASAPPELLATE COUNSEL PURSUANT TO Fla.R.App.P. 9.440(d)
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ APPELLEE'S MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLANTS' EMERGENCY MOTION DATED SEPTEMBER 8, 2021
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-10
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANTS' NOTICE OF FILING CERTIFICATE OF SERVICE
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-08-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
|
|
COLUMBUS APARTMENTS, LLC, et al., VS MJM STRUCTURAL CORP., etc.,
|
3D2021-1709
|
2021-08-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-18460
|
Parties
| Name |
SUNCOAST CONSTRUCTION GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
514 STRATEGIC DEVELOPMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COLUMBUS APARTMENTS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Elliot B. Kula
|
|
| Name |
MJM STRUCTURAL CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Geoffrey B. Marks, ANDY R. HERNANDEZ, George A. Minski, CHRISTIN COLEMAN GALLARDO, CORY S. CARANO
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-10-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-10-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-10-14
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellants’ Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed. Upon consideration of Appellee’s Motion for Award of Appellate Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount.
|
|
| Docket Date |
2021-10-14
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-10-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-10-13
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-10-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR AWARD OF APPELLATE FEES PURSUANT TO FLA. R. APP. R 9.400
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment Granted (OG49) ~ The Motion to Relinquish Jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court until October 11, 2021, for the purpose(s) stated in the Motion.
|
|
| Docket Date |
2021-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ MOTION FOR TEMPORARY RELINQUISHMENT OF JURISDICTIONTO ALLOW THE TRIAL COURT AN OPPORTUNITY TO CONSIDERARGUMENTS ON ISSUANCE OF WRIT OF POSSESSION
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO THE THIRD DISTRICT COURT OF APPEALORDER OF SEPTEMBER 13, 2021,WITH INCORPORATED MEMORANDUM OF LAW
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ EXHIBITS TO RESPONSE TO THE THIRD DISTRICT COURT OFAPPEAL ORDER OF SEPTEMBER 13, 2021,WITH INCORPORATED MEMORANDUM OF LAW
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-14
|
| 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 firm of Marrero, Chamizo, Marcer Law, LP, and Julio C. Marrero, Esquire, are withdrawn as counsel for Appellants, and relieved from any further responsibility in the above-styled appeal.The Court hereby recognizes Appellants' request to withdraw the unauthorized filing of the Emergency Motion for Stay filed on September 8, 2021.Further, the temporary stay entered on September 8, 2021, is hereby lifted.Notwithstanding this Order granting Julio C. Marrero, Esquire, leave to withdraw, Mr. Marrero is hereby ordered to file a response by 10:00 a.m. Wednesday, September 15, 2021, directed to the allegations contained in Elliot B. Kula, Esquire's Motion for an Order Removing Mr. Marrero as Counsel of Record.EMAS, LINDSEY and GORDO, JJ., concur.Upon consideration, Appellee's Motion for Extension of Time to Respond to Appellants' Emergency Motion is hereby denied as moot.Further, Lake Worth Development Corp.'s Response and Request for Extension of Time is hereby denied as moot.
|
|
| Docket Date |
2021-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ LAKE WORTH DEVELOPMENT CORP'S RESPONSE AND REQUESTFOR EXTENSION OF TIME TO APPELLANT'S EMERGENCY MOTIONDATED SEPTEMBER 8, 2021
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ COUNSEL TO APPELLANTS' MOTION TO WITHDRAW ASAPPELLATE COUNSEL PURSUANT TO Fla.R.App.P. 9.440(d)
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ No later than Wednesday, September 15, 2021, by 10 a.m.,Julio Marrero, Esquire, shall file a response to Appellants' Urgent andSensitive Motion for Order Removing Julio Marrero as Counsel of Recordfor Appellants. No motion for extension of time for filing a responseshall be considered.
|
|
| Docket Date |
2021-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ APPELLEE'S MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLANTS' EMERGENCY MOTION DATED SEPTEMBER 8, 2021
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ URGENT AND SENSITIVE MOTION FOR ORDER(i) REMOVING ATTORNEY JULIO MARREROAS COUNSEL OF RECORD (HIS HAVING REFUSED TO DO SOUPON REPEATED REQUESTS OF APPELLANTS) AND(ii) RECOGNIZING THE WITHDRAWL OF UNAUTHORIZEDFILING OF EMERGENCY MOTION FOR STAY
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-10
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-08
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ EMERGENCY MOTION SUPPLEMENT TO APPEAL FILED ON AUGUST 24, 2021, DIRECTED TO APPELLEE'S VIOLATION OF STAY PENDING APPEAL ENTERED BY THE THIRD DISTRICT COURT OF APPEAL, IN FORCE AND EFFECT FROM JULY 9, 2021, THROUGH JULY 20, 2021 *Motion Withdrawn, See Order issued 9/14/21
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Granted (OG26) ~ Upon consideration, Appellants’ Emergency Motion is granted, and the trial court’s proceedings are hereby temporarily stayed pending further order of this Court. Appellee is ordered to file a response to Appellants’ Emergency Motion within five (5) days from the date of this Order. Appellants may file a reply within five (5) days of service of the response. EMAS, LINDSEY and GORDO, JJ., concur.
|
|
| Docket Date |
2021-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-08-25
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellants is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2021-08-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED. INCOMPLETE CERTIFICATE OF SERVICE. CASES: 21-1600, 21-1374, 21-509, 20-1110
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-08-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
|
|
COLUMBUS APARTMENTS LLC, et al., VS MJM STRUCTURAL CORP., etc.,
|
3D2021-1600
|
2021-08-09
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-18460
|
Parties
| Name |
514 STRATEGIC DEVELOPMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COLUMBUS APARTMENTS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Elliot B. Kula
|
|
| Name |
SUNCOAST CONSTRUCTION GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MJM STRUCTURAL CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ANDY R. HERNANDEZ, CHRISTIN COLEMAN GALLARDO, Geoffrey B. Marks, George A. Minski, CORY S. CARANO
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-10-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-10-14
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellants’ Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed. Upon consideration of Appellee’s Motion for Award of Appellate Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount.
|
|
| Docket Date |
2021-10-14
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-10-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-10-13
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-10-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR AWARD OF APPELLATE FEES PURSUANT TO FLA. R. APP. R 9.400
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment Granted (OG49) ~ The Motion to Relinquish Jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court until October 11, 2021, for the purpose(s) stated in the Motion.
|
|
| Docket Date |
2021-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ MOTION FOR TEMPORARY RELINQUISHMENT OF JURISDICTIONTO ALLOW THE TRIAL COURT AN OPPORTUNITY TO CONSIDERARGUMENTS ON ISSUANCE OF WRIT OF POSSESSION
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-09-14
|
| 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 firm of Marrero, Chamizo, Marcer Law, LP, and Julio C. Marrero, Esquire, are withdrawn as counsel for Appellants, and relieved from any further responsibility in the above-styled appeal.Notwithstanding this Order granting Julio C. Marrero, Esquire, leave to withdraw, Mr. Marrero is hereby ordered to file a response by 10:00 a.m. Wednesday, September 15, 2021, directed to the allegations contained in Elliot B. Kula, Esquire's Motion for an Order Removing Mr. Marrero as Counsel of Record.EMAS, LINDSEY and GORDO, JJ., concur.Upon consideration, Appellee's Motion for Extension of Time to Respond to Appellants' Emergency Motion is hereby denied as moot.Further, Lake Worth Development Corp.'s Response and Request for Extension of Time is hereby denied as moot.
|
|
| Docket Date |
2021-09-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 2 ~ Reclassified as a Non-Final Appeal.
|
|
| Docket Date |
2021-09-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ COUNSEL TO APPELLANTS' MOTION TO WITHDRAW AS APPELLATE COUNSEL PURSUANT TO Fla.R.App.P. 9.440(d)
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ LAKE WORTH DEVELOPMENT CORP'S RESPONSE AND REQUESTFOR EXTENSION OF TIME TO APPELLANT'S EMERGENCY MOTIONDATED SEPTEMBER 8, 2021
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ APPELLEE'S MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLANTS' EMERGENCY MOTION DATED SEPTEMBER 8, 2021
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-09-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ URGENT AND SENSITIVE MOTION FOR ORDER(i) REMOVING ATTORNEY JULIO MARREROAS COUNSEL OF RECORD (HIS HAVING REFUSED TO DO SOUPON REPEATED REQUESTS OF APPELLANTS) AND(ii) RECOGNIZING THE WITHDRAWL OF UNAUTHORIZEDFILING OF EMERGENCY MOTION FOR STAY
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-09-10
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
MJM STRUCTURAL CORP.
|
|
| Docket Date |
2021-08-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANTS' NOTICE OF FILING CERTIFICATE OF SERVICE
|
| On Behalf Of |
COLUMBUS APARTMENTS, LLC
|
|
| Docket Date |
2021-08-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-08-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2021-08-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-08-09
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, the appellants are directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
|
