|
TILIA CORDATA, LLC, VS YELLOW FUNDING CORP., et al.,
|
3D2022-0911
|
2022-05-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-16332
|
Parties
| Name |
TILIA CORDATA, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Darius Asly
|
|
| Name |
MIAMI OPA LOCKA BUSINESS PARK LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ARTHUR J. MORBURGER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IMPERIAL HOUSE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SUSAN P. BAKALAR, MICHEL O. WEISZ, CANDACE C. SOLIS, MAX A. GOLDFARB, LEONARD WILDER, Luis G. Montaldo
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-07-11
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-06-21
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Prohibition Denied (Including Resp & Reply) (DA32) ~ Following review of the Petition for Writ of Prohibition, the Responses, the Replies, and the Appendices, it is ordered that the Petition is hereby denied. Petitioner’s Response to Respondent Yellow Funding Corp.’s Motion for Attorney’s Fees is noted. Upon consideration of Respondent Yellow Funding Corp.’s Motion for Attorney’s Fees, it is ordered that said Motion is granted pursuant to the attorney fee provision in the mortgage note to be determined by the trial judge.
|
|
| Docket Date |
2022-06-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-06-20
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO YELLOW FUNDING'S RESPONSE TOPETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-06-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONDENT'S MOTION FOR ATTORNEY FEES
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-06-15
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO MIAMI OPA LOCKA BUSINESS PARK, LLC'S RESPONSE TO PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-06-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF PROHIBITION AND OF MANDAMUS
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-06-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-06-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of Petitioner's Motion for Clarification filed on June 10, 2022, Petitioner shall file a reply within five (5) days of the Response to the Petition for Writ of Prohibition that was filed on June 9, 2022. SCALES, HENDON and GORDO, JJ., concur.
|
|
| Docket Date |
2022-06-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FORWRIT OF PROHIBITION
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-06-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEE/RESPONDENT,MIAMI OPA LOCKA BUSINESS PARK LLC'SRESPONSE TO PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-05-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2022-05-31
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order a Response - Prohibition (OR12K) ~ Respondents are ordered to, and the respondent judge may, file a response within fifteen (15) days of the date of this Order to the Petition for Writ of Prohibition. This Order does not stay further proceedings in the lower tribunal. Further, a reply may be filed five (5) days thereafter. SCALES, HENDON and GORDO, JJ., concur.
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|
| Docket Date |
2022-05-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-27
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF PROHIBITIONRELATED CASES: 22-841, 22-734, 21-881 AND 21-318
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
|
|
ARTHUR MORBURGER, VS YELLOW FUNDING CORP., et al.,
|
3D2022-0841
|
2022-05-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-16332
|
Parties
| Name |
ARTHUR J. MORBURGER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MAX A. GOLDFARB
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHEL O. WEISZ, LEONARD WILDER
|
|
| Name |
MIAMI OPA LOCKA BUSINESS PARK LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-07-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-07-01
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Certify
|
| Description |
Certification Denied (OD59) ~ Upon consideration, Petitioner’s Motion to Certify Conflict, to Issue a Written Opinion, and for Rehearing is denied. LOGUE, SCALES and GORDO, JJ., concur.
|
|
| Docket Date |
2022-05-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2022-05-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO CERTIFY CONFLICT TO ISSUE A WRITTEN OPINION AND REHEARING
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2022-05-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-05-20
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Prohibition Denied (No Response) (DA32B) ~ The Amended Petition for Writ of Prohibition filed on May 20, 2022, is accepted by the Court. Following review of the Amended Petition for Writ of Prohibition, it is ordered that said Petition is hereby denied.
|
|
| Docket Date |
2022-05-20
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ AMENDED PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2022-05-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Petitioner that the filing and prosecution of a petition for writ of prohibition 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 May 29, 2022.
|
|
| Docket Date |
2022-05-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX TO PETITION FOR WRIT OF PROHIBITION.
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2022-05-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a petition for writ of prohibition is due.
|
|
| Docket Date |
2022-05-19
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF PROHIBITION. RELATED CASES: 22-734, 21-881 AND 21-318
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
|
|
ARTHUR MORBURGER, v. YELLOW FUNDING CORP., et al.,
|
3D2022-0734
|
2022-05-02
|
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
19-16332
|
Parties
| Name |
Arthur Joseph Morburger
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Max Aaron Goldfarb
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michel Ociacovski Weisz
|
|
| Name |
MIAMI OPA LOCKA BUSINESS PARK LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Raymond Anthony Piccin, Leonard Wilder
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2023-11-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Upon consideration, Appellee Yellow Funding Corp.'s Motion for Clarification is hereby granted, and the assessment of attorneys' fees is remanded to the trial court.
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Upon consideration of Appellee Yellow Funding Corp.'s Motion for Attorney's Fees, it is ordered that said Motion is granted.
SCALES, HENDON and LOBREE, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-08-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, Appellant’s Amended Motion for Rehearing or Clarification of the Court’s August 15, 2023, Order is hereby denied. SCALES, HENDON and LOBREE, JJ., concur.
|
|
| Docket Date |
2023-08-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ Or Clarification
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2023-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment denied (OD49) ~ Appellant’s Reply to the Response to the Motion to Relinquish Jurisdiction is noted. Appellee Yellow Funding Corp.’s Response to Appellant’s Amended Motion to Relinquish Jurisdiction is noted. Upon consideration, Appellant’s Motion for Leave of Lower Court to Proceed with Hearing of Pending Motion is treated as a motion to relinquish jurisdiction, and the motion is hereby denied.
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|
| Docket Date |
2023-08-15
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| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ To Motion for Leave
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2023-08-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ To Amended Motion to Relinquish Jurisdiction
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2023-07-31
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellees are ordered to file a response, within ten (10) days from the date of this Order, to Appellant's "Motion for Leave of Lower Court to Proceed with Hearing".
|
|
| Docket Date |
2023-07-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2023-05-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY OF COUNSEL
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-07-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Appellee Yellow Funding Corp.’s Motion for Leave to File an Amended Answer Brief is treated as a motion to file a sur-reply brief, and the motion is hereby denied.
|
|
| Docket Date |
2022-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant’s Motion for an Extension of Time to File the Reply Brief is granted as stated in the Motion
|
|
| Docket Date |
2022-07-11
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2022-06-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEE, YELLOW FUNDING CORP'S SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-06-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-05-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2022-05-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO INITIAL BRIEF
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2022-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-05-02
|
| 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 |
2022-05-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2022-07-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2022-07-11
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ APPELLEE'S MOTION FOR LEAVE TO FILE AN AMENDED ANSWER BRIEF
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-05-02
|
| 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 May 12, 2022.
|
|
| Docket Date |
2022-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
|
