| Docket Date |
2020-04-01
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Contrary to paragraph 4 of the appellant's status report, the fourth paragraph of this court's January 10, 2020, order did not vacate the trial court's order on appeal; it directed the trial court to do so upon entry of a superseding order. It is not clear from the appellant's status report, in part due to the lack of attachments, whether the trial court has vacated the order on appeal. Jurisdiction shall remain relinquished for 30 day from the date of this order to give the trial court an opportunity to do so if it has not already done so. To the extent that the trial court declines to do so, the present appeal necessarily remains active. The appellant shall file an updated status report within 30 days of the date of this order, attaching a notice of voluntary dismissal if the trial court has vacated the order on appeal.
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|
| Docket Date |
2020-03-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MESTDAGH, WALL & HAMILTON, P. A.
|
|
| Docket Date |
2020-03-31
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
MESTDAGH, WALL & HAMILTON, P. A.
|
|
| Docket Date |
2020-03-31
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JUAN PINEYRO
|
|
| Docket Date |
2020-02-27
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPELLEE'S APPENDIX TO ITS RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR CLARIFICATION
|
| On Behalf Of |
JUAN PINEYRO
|
|
| Docket Date |
2020-09-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant Mestdagh, Wall, & Hamilton, P.A.'s (MWH), motions for appellate attorney's fees in cases 2D19-4902 and 2D20-1151 are denied. Insofar as the motion filed in case number 2D20-1151 also appears to request an award of costs, that request is stricken. See Fla. R. App. P. 9.400(a).
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|
| Docket Date |
2020-04-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-04-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2020-04-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLATE LEVEL ATTORNEY'S FEES
|
| On Behalf Of |
JUAN PINEYRO
|
|
| Docket Date |
2020-04-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APRIL 3, 2020 ORDER TO SHOW CAUSE
|
| On Behalf Of |
MESTDAGH, WALL & HAMILTON, P. A.
|
|
| Docket Date |
2020-04-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within 10 days of the date of this order, the appellant shall show cause why this appeal should not be dismissed. The appellant reports in paragraph 14 of his April 2, 2020, status report that the trial court vacated the order on appeal on January 31, 2020. The appellant's status report may take the form of a notice of voluntary dismissal. The notice should remind the court of the pending attorney's fee motion.The appellant's motion to consolidate is denied without prejudice.
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|
| Docket Date |
2020-04-02
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ updated
|
| On Behalf Of |
MESTDAGH, WALL & HAMILTON, P. A.
|
|
| Docket Date |
2020-03-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The appellant's "motion for this court to re-invoke its jurisdiction for the purpose of clarifying its January 10, 2020 order" is treated as a motion for clarification of that order. The motion for clarification is denied. The relinquishment of jurisdiction to the trial court is extended for 30 days from the date of this order, by the end of which period the parties shall respond as directed in the last paragraph of the January 10, 2020, order.
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|
| Docket Date |
2020-02-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR CLARIFICATION
|
| On Behalf Of |
JUAN PINEYRO
|
|
| Docket Date |
2020-02-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellee is directed to respond within fifteen (15) days from the date of this order to Appellant's motion for clarification.
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|
| Docket Date |
2020-02-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ FOR THIS COURT TO RE-INVOKE JURISDICTION FOR THE PURPOSE OF CLARIFYING ITS JANUARY 10, 2020 ORDER
|
| On Behalf Of |
MESTDAGH, WALL & HAMILTON, P. A.
|
|
| Docket Date |
2020-01-10
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-GRANT MOTION FOR REVIEW ~ The appellant's motion to review the trial court's order denying stay is granted. That order is disapproved to the extent delineated in this order. The trial court's "order granting defendant's motion to approve settlement and disburse escrowed funds and incorporated request for expedited hearing" ("order on appeal") is stayed to the extent delineated herein.At a hearing to address the reasonableness of the fees and costs to which the appellant has already been determined to be entitled, the trial court shall determine the appropriate amount and issue an order that additionally retains that amount in the circuit clerk's registry in case 2019-CA-5950-NC. Cf. Trial Practices, Inc. v. Hahn Loeser & Parks, LLP for Antaramian, 228 So. 3d 1184, 1188 (Fla. 2d DCA 2017).The court concludes that paragraph 13 of the parties' real estate agreement requires fees and costs associated with appellee Pineyro's counterclaim to be paid out of the escrow funds should the appellant prevail. Cf. Metlife Life & Annuity Co. of Connecticut v. Akpele, 131 F. Supp. 3d 1322, 1331 (N.D. Ga. 2015); Fla. R. Civ. P. 1.240, 1967 comments; Cunningham v. MBNA Am. Bank, N.A., 8 So. 3d 438, 441 (Fla. 2d DCA 2009) (concerning compulsory counterclaims); Londono v. Turkey Creek, Inc., 609 So. 2d 14, 20 (Fla. 1992) (same). The court also concludes that appellee Pineyro should be equivalently protected should he prevail on his counterclaims. See § 57.105(7), Fla. Stat. (2019). The trial court shall therefore hold a hearing to determine a single value representing a reasonable projection for the parties' fees and costs associated with appellee Pineyro's counterclaims. The parties may stipulate to such a value. The court shall order that the determined or stipulated value shall be held in the circuit clerk's registry pending resolution of the counterclaims, provided that within 15 days of that order the appellant shall post a bond in the same amount. The trial court's order shall stipulate that if the appellant fails to timely post such a bond, the determined or stipulated amount shall be released to appellee Pineyro from the registry.As the directives recited above will necessarily result in the supersession of the order on appeal, the trial court shall vacate that order and enter an order that takes into account (1) the precise amount of fees and costs already determined as entitled to the appellant in the order on appeal (i.e., shall amend the $7,000.00 specified in the order on appeal to a precise figure) and (2) the additional amounts determined as a result of the directives in the preceding paragraphs. So that the directives of this order may be effected, jurisdiction is relinquished to the trial court for 60 days from the date of this order. To the extent that a party is adversely affected by an order issued by the trial court, the party must challenge the order by separate appeal or petition. The parties should seek consolidation between any new appeal and the present appeal if the present appeal survives. The parties shall file status reports, or a joint report, within 60 days of the date of this order. If the trial vacates the order on appeal, the appellant's status report should include a notice of voluntary dismissal.
|
|
| Docket Date |
2020-01-06
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
MESTDAGH, WALL & HAMILTON, P. A.
|
|
| Docket Date |
2020-01-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
MESTDAGH, WALL & HAMILTON, P. A.
|
|
| Docket Date |
2019-12-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S EMERGENCY MOTION TO STAY
|
| On Behalf Of |
JUAN PINEYRO
|
|
| Docket Date |
2019-12-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The appellant's emergency motion for stay is treated as a motion to review the trial court's order denying stay. See Fla. R. App. P. 9.310(f). Appellee Juan Pineyro shall respond to the motion to review within 10 days of the date of this order. This court hereby imposes a provisional stay on the trial court's "order granting defendant's motion to approve settlement and disburse escrowed funds" and thus a stay on the disbursement of the funds from the court registry pending this court's disposition of the motion to review or until further order of this court. Counsel for the appellant shall be responsible for ensuring that this order is communicated to the appropriate personnel in the circuit clerk's office.
|
|
| Docket Date |
2019-12-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ APPELLANT'S EMERGENCY MOTION FOR STAY OF TRIAL COURT ORDER PENDING APPEAL
|
| On Behalf Of |
MESTDAGH, WALL & HAMILTON, P. A.
|
|
| Docket Date |
2019-12-26
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
MESTDAGH, WALL & HAMILTON, P. A.
|
|
| Docket Date |
2019-12-24
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2019-12-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-12-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MESTDAGH, WALL & HAMILTON, P. A.
|
|
