| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-011580 (03)
|
Parties
| Name |
Sunseeker International Ltd.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Grant B. Gieseke, Stacy M. Schwartz, Kenneth J. Joyce
|
|
| Name |
Rick Obey & Associates
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Alice Lawaetz
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SUNSEEKER USA SALES CO, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Rick Obey
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MARINE CONSULTING ASSOCIATES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
KEVIN TURNER LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Robert E. Goldman, Serena A. Witter, Todd A. Levine, Jeremy R. Kreines
|
|
| Name |
Hon. Nicholas Lopane
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-10-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the May 20, 2020 combined petition for certiorari, writ of mandamus, and writ of prohibition is denied in part as to mandamus and prohibition and dismissed in part as to certiorari. The trial court’s order requiring the petitioner to file an answer to the plaintiffs’ amended complaint while its motion to dismiss for lack of personal jurisdiction remains pending does not cause irreparable harm for the purpose of certiorari review. While we believe the better practice would have been to resolve the petitioner’s challenge to personal jurisdiction before compelling an answer, the petitioner will not waive its timely objection to personal jurisdiction by filing a responsive pleading so long as it does not seek affirmative relief from the court. See Babcock v. Whatmore, 707 So. 2d 703, 704-05 (Fla. 1998) (holding that the filing of a defensive pleading does not waive a challenge to personal jurisdiction); Sampson Farm Ltd. P’ship v. Parmenter, 238 So. 3d 387, 391-92 (Fla. 3d DCA 2018) (concluding that the defendant did not waive its timely challenge to personal jurisdiction by filing an answer, affirmative defenses, and motion for summary judgment); Berne v. Beznos, 819 So. 2d 235, 237-38 (Fla. 3d DCA 2002) (recognizing that a defendant can defend the case on the merits without waiving a timely challenge to personal jurisdiction); see also Arch Aluminum & Glass Co., Inc., v. Haney, 964 So. 2d 228, 235 (Fla. 4th DCA 2007) (explaining that the filing of a compulsory counterclaim, unlike the filing of a permissive counterclaim, does not constitute a request for affirmative relief that waives an objection to personal jurisdiction).LEVINE, C.J., DAMOORGIAN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-07-02
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Sunseeker International Ltd.
|
|
| Docket Date |
2020-06-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ AMENDED
|
| On Behalf Of |
Kevin Turner
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that respondents' appendix to the response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-06-23
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Kevin Turner
|
|
| Docket Date |
2020-06-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Kevin Turner
|
|
| Docket Date |
2020-06-22
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **STRICKEN**
|
| On Behalf Of |
Kevin Turner
|
|
| Docket Date |
2020-06-02
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondents shall show cause in twenty (20) days of the date of this order why this amended petition for certiorari, mandamus or prohibition should not be granted; it is further,ORDERED that petitioner shall file a reply within ten (10) days of the date of service of the response(s).No automatic stay of the circuit court’s order denying petitioner’s motion to dismiss pursuant to Florida Rule of Appellate Procedure 9.100(h) is issued.
|
|
| Docket Date |
2020-05-22
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Amended**
|
|
| Docket Date |
2020-05-22
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **Amended**
|
|
| Docket Date |
2020-05-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2020-05-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-05-20
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Sunseeker International Ltd.
|
|
| Docket Date |
2020-05-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **Filing Fee Paid Through Portal**
|
|
|
