| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D20-1154
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D20-1197
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132020CA002466000001
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132020CA002464000001
|
Parties
| Name |
HAGSHAMA FLORIDA 8 SARASOTA LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Matthew J. McGuane, Stuart I. Grossman, Bruce H. Lederman
|
|
| Name |
HAGSHAMA FLORIDA 10 ORLANDO, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Peggy Tseung
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BREA 3-2 LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
John A. Anthony, Andrew J. Ghekas
|
|
| Name |
Michael Bednarski
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Beatrice Avgherino Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-07
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
| View |
View File
|
|
| Docket Date |
2021-11-22
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Pro Hac Vice Fee-100
|
| Description |
PAY PRO HAC VICE FEE-100
|
| On Behalf Of |
Hagshama Florida 8 Sarasota, LLC
|
| View |
View File
|
|
| Docket Date |
2021-11-22
|
| Type |
Event
|
| Subtype |
Fee Paid-Pro Hac Vice
|
| Description |
FEE PAID-PRO HAC VICE
|
| On Behalf Of |
Hagshama Florida 8 Sarasota, LLC
|
|
| Docket Date |
2021-11-19
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) ~ The motion to appear pro hac vice filed in the above cause by Bruce H. Lederman, on behalf of Petitioners, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), within ten days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
|
| View |
View File
|
|
| Docket Date |
2021-11-18
|
| Type |
Brief
|
| Subtype |
Juris Answer (Amended)
|
| Description |
JURIS ANSWER AMD BRIEF ~ Respondents' Amended Jurisdictional Answer Brief
|
| On Behalf Of |
BREA 3-2, LLC
|
| View |
View File
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Respondents' Jurisdictional Brief, which was filed with this Court on November 18, 2021, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondents are hereby directed, on or before November 29, 2021, to file an amended jurisdictional brief which shall contain, in the following order: a cover sheet, a table of contents, a table of citations, statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed 2,500 words. The table of contents and citations, the statement of the issues, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation.
|
| View |
View File
|
|
| Docket Date |
2021-11-17
|
| Type |
Brief
|
| Subtype |
Juris Initial (Amended)
|
| Description |
JURIS INITIAL AMD BRIEF ~ Petitioners' Amended Brief on Jurisdiction
|
| On Behalf Of |
Hagshama Florida 8 Sarasota, LLC
|
| View |
View File
|
|
| Docket Date |
2021-11-09
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's Brief on Jurisdiction, which was filed with this Court on November 8, 2021, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before November 17, 2021, to file an amended jurisdictional brief which shall contain, in the following order: a cover sheet, a table of contents, a table of citations, statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed 2,500 words. The table of contents and citations, the statement of the issues, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation.
|
| View |
View File
|
|
| Docket Date |
2021-11-08
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ Petitioners' Brief on Jurisdiction -- Stricken November 9, 2021. Does not contain a statement of the issues.
|
| On Behalf Of |
Hagshama Florida 8 Sarasota, LLC
|
| View |
View File
|
|
| Docket Date |
2021-11-03
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2021-11-03
|
| Type |
Motion
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ~ Bruce H. Lederman
|
| On Behalf Of |
Hagshama Florida 8 Sarasota, LLC
|
| View |
View File
|
|
| Docket Date |
2021-11-03
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Hagshama Florida 8 Sarasota, LLC
|
| View |
View File
|
|
| Docket Date |
2021-10-29
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL) ~ Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
|
| View |
View File
|
|
| Docket Date |
2021-10-29
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2021-10-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-10-28
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Hagshama Florida 8 Sarasota, LLC
|
| View |
View File
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-2466
|
Parties
| Name |
BREA 3-2 LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JOHN A. ANTHONY, ANDREW J. GHEKAS
|
|
| Name |
PEGGY TSEUNG
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MICHAEL BEDNARSKI
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HAGSHAMA FLORIDA 10 ORLANDO, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matthew J. McGuane, STUART I. GROSSMAN, BRUCE H. LEDERMAN
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-07
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2021-10-29
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2021-10-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2021-10-27
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court
|
| On Behalf Of |
HAGSHAMA FLORIDA 10 ORLANDO, LLC
|
|
| Docket Date |
2021-10-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-10-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-09-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ Reversed and remanded for further proceedings consistent with this opinion.
|
|
| Docket Date |
2021-04-07
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2021-02-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
BREA 3-2 LLC,
|
|
| Docket Date |
2021-02-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ Notice of Acknowledgment
|
| On Behalf Of |
HAGSHAMA FLORIDA 10 ORLANDO, LLC
|
|
| Docket Date |
2020-12-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ APPELLANTS' REPLY BRIEF
|
| On Behalf Of |
BREA 3-2 LLC,
|
|
| Docket Date |
2020-11-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
HAGSHAMA FLORIDA 10 ORLANDO, LLC
|
|
| Docket Date |
2020-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Pro hac vice motion granted (OG45) ~ Upon consideration, Bruce H. Lederman, Esquire’s Verified Motion to Appear Pro Hac Vice on behalf of Appellees is hereby granted as stated in the Motion.
|
|
| Docket Date |
2020-10-26
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ VERIFIED MOTION FOR ADMISSION PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510 - BRUCE H. LEDERMAN
|
| On Behalf Of |
HAGSHAMA FLORIDA 10 ORLANDO, LLC
|
|
| Docket Date |
2020-10-26
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL ~ BRUCE H. LEDERMAN
|
| On Behalf Of |
HAGSHAMA FLORIDA 10 ORLANDO, LLC
|
|
| Docket Date |
2020-10-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
BREA 3-2 LLC,
|
|
| Docket Date |
2020-10-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BREA 3-2 LLC,
|
|
| Docket Date |
2020-10-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-09-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants' Response filed on August 31, 2020, is noted.Upon the Court's own motion, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D20-1154. All filings in the case shall be under case no. 3D20-1154. The parites shall file only one set of briefs under case no. 3D20-1154.
|
|
| Docket Date |
2020-08-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Within ten (10) days from the date of this Order, Appellants are ordered to show cause as to why the above-referenced appeals should not be consolidated for all appellate purposes.
|
|
| Docket Date |
2020-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
BREA 3-2 LLC,
|
|
| Docket Date |
2020-08-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. The $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2020-08-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
BREA 3-2 LLC,
|
|
| Docket Date |
2020-08-24
|
| 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 September 3, 2020.
|
|
| Docket Date |
2020-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BREA 3-2 LLC,
|
|
|
