| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
24-793-CA-01
|
Parties
| Name |
William Fuller
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
Martin Pinilla, II
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
Denise Galvez Turros
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
BARLINGTON GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
CALLE OCHO MARKETPLACE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
LITTLE HAVANA ARTS BUILDING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
Little Havana Arts Building Too, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
TOWER HOTEL LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
EL SHOPPING LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
BEATSTIK, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
VIERNES CULTURALES/CULTURAL FRIDAYS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Wayne Gutchess
|
|
| Name |
City of Miami
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Angel A. Cortiñas
|
|
| Name |
Hon. Daryl E. Trawick
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-26
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee $300 paid through the portal. Batch # 12615485
|
| On Behalf Of |
William Fuller
|
| View |
View File
|
|
| Docket Date |
2024-11-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Compliance with Court's Order to File Directions to Trial Court Clerk to Supplement the Record on Appeal
|
| On Behalf Of |
City of Miami
|
| View |
View File
|
|
| Docket Date |
2024-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Amend/Correct Record
|
| Description |
Upon review of the record on appeal filed in this case, the Court has determined that pages 67 through 97 of the record are non-compliant, not in Portrait orientation, and as a result, transcripts are missing portions of every page. The Appellee is directed to supplement the record on appeal, within ten (10) days from the date of this Order, with the following documents in proper page orientation:
1. Exhibit 1 attached to Defendant's Motion to Transfer the Action to the Complex Business Litigation Division, which includes Order denying Plaintiff's Motion for Temporary Injunction; and
2. Exhibit "A", March 15, 2019 hearing transcript in proper page orientation.
|
| View |
View File
|
|
| Docket Date |
2024-11-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
William Fuller
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing-Certificate of service.
|
| On Behalf Of |
William Fuller
|
| View |
View File
|
|
| Docket Date |
2024-09-26
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-09-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 October 6, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-09-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
|
| View |
View File
|
|
| Docket Date |
2024-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal for 3D2024-1694. Certificate of service incomplete.
|
| On Behalf Of |
William Fuller
|
| View |
View File
|
|
| Docket Date |
2024-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| View |
View File
|
|
| Docket Date |
2024-11-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee Commissioner Joe Carollo's Motion for an Extension of Time to File an Answer Brief is hereby granted to and including January 27, 2025. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Appellee Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee The City of Miami's Motion for an Extension of Time to File an Answer Brief is hereby granted to and including January 27, 2025. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Opposition to Appellee Motion for Extension of Time
|
| On Behalf Of |
William Fuller
|
| View |
View File
|
|
| Docket Date |
2024-11-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Appellee Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
City of Miami
|
| View |
View File
|
|
| Docket Date |
2024-11-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Opposition to Appellee's Motion for Extension of Time
|
| On Behalf Of |
William Fuller
|
| View |
View File
|
|
|
| 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
22-8069
|
Parties
| Name |
TOWER HOTEL LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robert Zarco, ROBERT F. SALKOWSKI, Jacky Beda, MICHAEL D. BRAUNSTEIN
|
|
| Name |
PIEDRA VILLAS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BEATSNIK, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EL SHOPPING LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
YO AMO CALLE SIETE LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HON. ALAN FINE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
City of Miami
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rachel Sue Glorioso Dooley, Marguerite Clare Racher Snyder
|
|
Docket Entries
| Docket Date |
2024-01-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Joint Motion to Continue Mediation and Status Report
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-27
|
| Type |
Order
|
| Subtype |
Order on Extension of Time to Complete Mediation
|
| Description |
Upon consideration, the Joint Motion to Continue Mediation and Status Report is hereby granted to and including January 19, 2024.
|
| View |
View File
|
|
| Docket Date |
2023-06-22
|
| Type |
Order
|
| Subtype |
Order Appointing Mediator
|
| Description |
Order Appointing Mediator ~ ORDER APPOINTING MEDIATORThe Response to the Order of Referral to Mediation is noted.The Court hereby appoints Pamela I. Perry, Esquire, as mediator inthis matter. Mediation shall be conducted in accordance with the FloridaRules for Certified and Court-Appointed Mediators, the Third District Court of Appeal's administrative orders, and any applicable Florida Supreme Court administrative orders and rules regarding appellate mediation.The Mediation Report shall be completed and filed with the Courtwithin ten (10) days from the conclusion of mediation but not later than ten (10) days subsequent to the expiration of the sixty (60) day mediation period approved by the June 5, 2023, Order of Referral to Mediation.LOGUE, MILLER and BOKOR, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2023-06-05
|
| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
Order of Referral to Appellate Mediation ~ ORDER OF REFERRAL TO MEDIATION Upon the Court's own motion, this cause is referred to mediation. Within ten (10) days from the date of this Order, the appellant(s) shall complete and file with this Court a Response to the Order of Referral to Mediation, utilizing the form attached hereto as Exhibit "A." If the parties agree on a mediator from the list of appellate-approved mediators, available on this Court's website, the Court will enter an order appointing that mediator for this case. If the parties are unable to reach agreement on an appellate-approved mediator within ten (10) days from the date of this Order, they shall immediately notify the Court and the Court shall appoint a mediator from that list.The mediation shall be completed within forty-five (45) days from the date the Order Appointing Mediator is issued by this Court. Mediation shall take place at a location agreed to by the parties or, in the absence of an agreement, at a location selected by the mediator. The parties shall submit mediation summaries if, and when, requested by the mediator. As permitted by Florida Rule of Appellate Procedure 9.700(b), the mediation may be conducted remotely using electronic technology, upon agreement of the parties.Parties with full settlement authority, and their counsel, are required to attend mediation unless excused from attendance by the Court. The failure of an attorney, or party, to appear for a duly scheduled mediation conference or otherwise comply with the appellate mediation program procedures, without good cause, may result in the imposition of sanctions by this Court. Sanctions may include, among other things, the striking of the offending party's briefs, the denial of oral argument, and the dismissal of the appeal. All appellate mediation conferences shall be confidential as provided for in Chapter 44, Florida Statutes, and the mediation will be conducted in accordance with the Florida Rules for Certified and Court-Appointed Mediators, the Third District Court of Appeal's administrative orders, and any applicable Florida Supreme Court administrative orders and rules regarding appellate mediation.The mediator shall file the Mediation Report, using the form on this Court's website, within ten (10) days from the conclusion of the mediation. If mediation is reported as successful, the parties must file a Stipulation, Joint Dismissal, or Notice of Voluntary Dismissal with this Court within ten (10) days of this Court's Order acknowledging the successful mediation. If mediation is reported as unsuccessful, appellate deadlines (for directions to the trial court clerk, court reporter, preparation and transmittal of the record, and the filing of briefs) shall commence as of the date of the Notice of Unsuccessful Mediation The parties shall file a joint status report no later than sixty (60) days from the date of this Order. LOGUE, MILLER and BOKOR, JJ., concur.
|
|
| Docket Date |
2024-03-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
STATUS REPORT AND NOTICE OF IMPASSE
|
| On Behalf Of |
City of Miami
|
| View |
View File
|
|
| Docket Date |
2024-03-04
|
| Type |
Order
|
| Subtype |
Order on Extension of Time to Complete Mediation
|
| Description |
The parties' Joint Motion to Continue Mediation and Status
Report is granted, and the mediation deadline is extended to March 18, 2024,
with a report to be filed on March 19, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-02-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Joint Motion to Continue Mediation and Status Report
|
| On Behalf Of |
City of Miami
|
| View |
View File
|
|
| Docket Date |
2024-01-29
|
| Type |
Order
|
| Subtype |
Order on Extension of Time to Complete Mediation
|
| Description |
The parties' Joint Motion to Continue Mediation and Status
Report is granted, and the mediation deadline is extended to March 5, 2024.
The parties shall provide a status report on or before March 6, 2024, with
no extensions of the mediation deadline or the deadline to file the
status report.
|
| View |
View File
|
|
| Docket Date |
2024-01-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Mediation Report
|
| View |
View File
|
|
| Docket Date |
2024-07-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-07-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-07-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Upon consideration, Appellee's Motion for Rehearing or Clarification is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2024-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellee's Motion for Rehearing or Clarification
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2024-06-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing or Clarification
|
| On Behalf Of |
City of Miami
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee's Unopposed Motion for Extension of Time to file a motion for rehearing, clarification or certification is granted to and including thirty (30) days from the date of this Order. No further extensions of time will be allowed.
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Unopposed Motion for Extension of Time to file Motion for Rehearing, Clarification or Certification
|
| On Behalf Of |
City of Miami
|
| View |
View File
|
|
| Docket Date |
2024-04-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in part, reversed in part, and remanded.
|
| View |
View File
|
|
| Docket Date |
2024-03-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
MEDIATION REPORT
|
| View |
View File
|
|
| Docket Date |
2023-12-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Mediation Report
|
| View |
View File
|
|
| Docket Date |
2023-12-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Joint Motion to Continue Mediation and Status Report
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2023-10-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
The Joint Notice of Mediation, construed as a motion to continue
mediation (and extend the deadline to complete mediation) to December 20, 2023, is
granted. No further extensions of time will be granted. The mediator shall file a
mediation report, and the parties shall file a joint status report, on or before 5:00 p.m. on
December 22, 2023. The joint status report shall state, at a minimum, whether any
issue on appeal was resolved or rendered moot during the pendency of this appeal
Order
|
| View |
View File
|
|
| Docket Date |
2023-10-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Joint Notice of Continued Mediation
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2023-09-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ Mediation Report and Notice of Adjournment
|
| View |
View File
|
|
| Docket Date |
2023-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ The Joint Motion for Extension of Time to Complete Mediation is granted to and including September 18, 2023.
|
| View |
View File
|
|
| Docket Date |
2023-07-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ To complete mediation
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2023-06-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER OF REFERRAL TO MEDIATION
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2023-04-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2023-03-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, Appellee's Motion for Review of Order Imposing Stay Pending Appeal is hereby denied. FERNANDEZ, C.J., and LINDSEY and MILLER, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2023-03-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
City of Miami
|
| View |
View File
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ CITY OF MIAMI'S MOTION FOR REVIEW OF ORDER IMPOSING STAY PENDING APPEAL
|
| On Behalf Of |
City of Miami
|
| View |
View File
|
|
| Docket Date |
2023-03-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
City of Miami
|
| View |
View File
|
|
| Docket Date |
2023-02-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANTS' INITIAL BRIEF
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2023-02-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2023-02-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2023-02-20
|
| 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 March 2, 2023.
|
| View |
View File
|
|
| Docket Date |
2023-02-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TOWER HOTEL, LLC
|
| View |
View File
|
|
| Docket Date |
2023-02-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
| View |
View File
|
|
|
