|
Dario Martinez, Petitioner(s) v. Amy Myers Martinez, et al., Respondent(s)
|
SC2024-0221
|
2024-02-12
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Dual Basis Uncertified
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2023-2444;
|
Parties
| Name |
Dario Martinez
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Franz Carlyle Jobson
|
|
| Name |
Amy Myers Martinez
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
M Glenn Curran, III, Jordan Abramowitz
|
|
| Name |
VILME DEVELOPMENT, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Pierre Vilme
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Maria Elena Perez
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ZERO-TAX PLATINUM, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MEP REALTY INVESTMENTS ,LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MEP REALTY FUND I LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David Andrew Levine
|
|
| Name |
TAX CONSULTING GROUP, CORP.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Jessica Marra
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-12
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction - Uncertified copy
|
| On Behalf Of |
Dario Martinez
|
|
| Docket Date |
2024-02-13
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
Petitioner's Notice to Invoke Discretionary Jurisdiction,
seeking review of the order or opinion issued by the Fourth District
Court of Appeal on January 29, 2024, is hereby dismissed. This
Court lacks jurisdiction to review an unelaborated decision from a
district court of appeal that is issued without opinion or
explanation or that merely cites to an authority that is not a case
pending review in, or reversed or quashed by, this Court. See
Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So.
3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006);
Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore,
827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279
(Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369
(Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).
No motion for rehearing or reinstatement will be entertained
by the Court.
|
| View |
View File
|
|
|
|
DARIO MARTINEZ, Individually, et al., Appellant(s). v. MEP REALTY FUND I, LLC., Appellee(s).
|
4D2024-0150
|
2024-01-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 23-194
|
Parties
| Name |
Dario Martinez
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph Wimbert Gibson, Jr.
|
|
| Name |
Eduardo Martinez Oneida Saez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MEP REALTY FUND I LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Andrew Levine
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED sua sponte that Appellant's September 25, 2024 notice of unavailability is stricken as unauthorized.
|
| View |
View File
|
|
| Docket Date |
2024-09-25
|
| Type |
Notice
|
| Subtype |
Unavailability
|
| Description |
Unavailability
|
| On Behalf Of |
Dario Martinez
|
| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's July 10, 2024 motion for extension of time is granted, and Appellee shall serve the answer brief within twenty (20) days from the date of this order. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-07-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
Notice of Filing Trial Court Orders
|
|
| Docket Date |
2024-06-10
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
Dario Martinez
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Order on Motion For Leave To File Amended Brief
|
| View |
View File
|
|
| Docket Date |
2024-06-03
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion for Leave to file an Amended Initial Brief
|
|
| Docket Date |
2024-05-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Dario Martinez
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Order to Show Cause for Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 657 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Transmit the Record
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-04-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motions for Sanctions
|
| On Behalf Of |
MEP Realty Fund I, LLC
|
|
| Docket Date |
2024-04-15
|
| Type |
Notice
|
| Subtype |
Counsel Substitution
|
| Description |
Stipulation for Substitution of Counsel
|
| On Behalf Of |
Dario Martinez
|
| View |
View File
|
|
| Docket Date |
2024-04-15
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for Sanctions
|
|
| Docket Date |
2024-04-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
Trial Court Order - Amended Final Judgment
|
| On Behalf Of |
MEP Realty Fund I, LLC
|
|
| Docket Date |
2024-04-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
Trial Court Order
|
| On Behalf Of |
MEP Realty Fund I, LLC
|
|
| Docket Date |
2024-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Transfer
|
| Description |
Order on Motion to Transfer
|
| View |
View File
|
|
| Docket Date |
2024-03-11
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response to Motion to Transfer and Response for Relinquishment of Jurisdiction
|
| On Behalf Of |
Dario Martinez
|
| View |
View File
|
|
| Docket Date |
2024-03-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Transfer
|
| On Behalf Of |
MEP Realty Fund I, LLC
|
|
| Docket Date |
2024-03-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
|
| Docket Date |
2024-02-24
|
| Type |
Motions Other
|
| Subtype |
Motion to Transfer
|
| Description |
Motion to Transfer to Florida Supreme Court
|
|
| Docket Date |
2024-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Compliance
|
| Description |
Notice of Compliance with January 22, 2024 Order
|
| On Behalf Of |
Dario Martinez
|
|
| Docket Date |
2024-02-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-02-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-01-18
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Dario Martinez
|
|
| Docket Date |
2024-01-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-05-01
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report
|
| View |
View File
|
|
| Docket Date |
2025-01-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2025-01-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-12-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
ORDERED that, upon consideration of appellee's April 9, 2024 filing, this appeal shall proceed from the April 4, 2024 Amended Final Judgment. Further,
ORDERED that, upon consideration of appellee's April 16, 2024 response, appellant's April 15, 2024 motion for sanctions is denied.
|
| View |
View File
|
|
| Docket Date |
2024-01-22
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, Appellants shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
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View File
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DARIO MARTINEZ, Petitioner(s) v. AMY MYERS MARTINEZ and MEP REALTY FUND I, LLC, Respondent(s).
|
4D2023-3013
|
2023-12-13
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Family - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
FMCE21-13871
|
Parties
| Name |
Dario Martinez
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Franz Carlyle Jobson
|
|
| Name |
Amy Myers Martinez
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David Andrew Levine, M. Glenn Curran, III
|
|
| Name |
MEP REALTY FUND I LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-13
|
| Type |
Letter
|
| Subtype |
Fee Letter
|
| Description |
Fee Letter to AA's counsel.
|
| View |
View File
|
|
| Docket Date |
2023-12-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the December 18, 2023 notice of voluntary dismissal, the December 13, 2023 petition for writ of certiorari is dismissed.
|
| View |
View File
|
|
| Docket Date |
2023-12-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
|
| Docket Date |
2023-12-14
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Dario Martinez
|
|
| Docket Date |
2023-12-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-12-13
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
| Docket Date |
2023-12-13
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2023-12-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
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|
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|
DARIO MARTINEZ, Appellant(s) v. AMY MYERS MARTINEZ, et al., Appellee(s).
|
4D2023-2444
|
2023-10-11
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Family - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
FMCE21-13871
|
Parties
| Name |
Dario Martinez
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Franz Carlyle Jobson
|
|
| Name |
Amy Myers Martinez
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jordan Abramowitz, M. Glenn Curran, III
|
|
| Name |
Pierre Vilme
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Maria Elena Perez
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VILME DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ZERO-TAX PLATINUM, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MEP REALTY INVESTMENTS ,LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MEP REALTY FUND I LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Andrew Levine
|
|
| Name |
TAX CONSULTING GROUP, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Dario Martinez
|
|
| Docket Date |
2023-12-18
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Writ of Certiorari
|
| On Behalf Of |
Dario Martinez
|
|
| Docket Date |
2024-02-13
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2024-0221 Supreme Court Order Dismissed
|
|
| Docket Date |
2024-02-12
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
|
| Docket Date |
2024-01-29
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
ORDERED that the December 18, 2023 petition for writ of certiorari is denied.
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for Leave to File Reply
|
|
| Docket Date |
2023-11-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Amended Response to Court's October 13, 2023 Order
|
| On Behalf Of |
Dario Martinez
|
|
| Docket Date |
2023-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Order on Motion for Reinstatement
|
| View |
View File
|
|
| Docket Date |
2023-11-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Court's October 13, 2023 Order
|
|
| Docket Date |
2023-11-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
|
| Docket Date |
2023-10-31
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Motion for EOT
|
| View |
View File
|
|
| Docket Date |
2023-10-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Dario Martinez
|
|
| Docket Date |
2023-10-30
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Dario Martinez
|
| View |
View File
|
|
| Docket Date |
2023-10-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Sua Sponte Dismissed - No Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MEP Realty Fund I, LLC
|
|
| Docket Date |
2023-10-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Amy Myers Martinez
|
|
| Docket Date |
2023-10-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order - File Statement for Basis of Jurisdiction
|
| View |
View File
|
|
| Docket Date |
2023-10-12
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Order on Request for Emergency Treatment
|
| View |
View File
|
|
| Docket Date |
2023-10-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
EMERGENCY Motion To Stay
|
|
| Docket Date |
2023-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Dario Martinez
|
|
| Docket Date |
2023-10-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-10-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-11-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that appellant's November 20, 2023 motion for leave to file a reply is denied. Further,
ORDERED that, upon consideration of appellant's November 2, 2023 jurisdictional brief and appellee's November 13, 2023 response, this appeal is dismissed for lack of jurisdiction as to the October 9, 2023 order denying motion for leave to amend the petition for dissolution of marriage. Further,
ORDERED that appellant's request to treat the notice of appeal as a petition for writ of certiorari is granted as to the October 8, 2023 Order on Limited Motion to Intervene and Motion to Dissolve Lis Pendens. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Leave to Reply
|
| On Behalf Of |
Amy Myers Martinez
|
|
| Docket Date |
2023-11-14
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Amy Myers Martinez
|
| View |
View File
|
|
| Docket Date |
2023-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
|
