| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-42510
|
Parties
| Name |
K. D. CONSTRUCTION OF FLORIDA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
NESTOR BUSTAMANTE, III, ROBERT E. FERENCIK, JR., ALAN C. (PETER) BRANDT, JR.
|
|
| Name |
GATES BUTZ INSTITUTIONAL CONSTRUCTION, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MDM RETAIL, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DONALD G. PETERSON, JONATHAN M. WEIRICH, JORGE E. CALLAOS, MATTHEW W. BUTTRICK, JOSEPH J. ONORATI
|
|
| Name |
Hon. Carlos Guzman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellant’s Motion for Attorneys’ Fees, it is ordered that said Motion is conditionally granted, subject to Appellant achieving prevailing party status pursuant to section 713.29, Florida Statutes. Accordingly, the matter is remanded to the trial court. Appellee MDM Retail, Ltd.’s Motion for Attorneys’ Fees is hereby denied.
|
|
| Docket Date |
2021-12-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ Reversed and remanded.
|
|
| Docket Date |
2021-11-10
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2021-10-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant’s Response to the Motion for Leave to Redact and to Supplement the Record is noted. Upon consideration, and in light of Appellees’ representation that “[t]he full Lease Agreement was not included in the record below", the Court hereby vacates its Order of October 19, 2021, directing Appellees to file the entire lease between Appellees and Metsquare Cinema, LLC, dated May 31, 2013. Appellee MDM Retail, Ltd.’s Motion for Leave to Redact and to Supplement the Record is hereby denied as moot. The Appendix to the Motion, filed by Appellee in response to this Court's Order, shall not be considered part of the record in this appeal. EMAS, LINDSEY and GORDO, JJ., concur.
|
|
| Docket Date |
2021-10-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR LEAVE TOREDACT COMMERCIALLY SENSITIVE BUSINESS TERMS FROM THELEASE AGREEMENT TO BE FILED WITH THE COURT, AND TOSUPPLEMENT THE RECORD WITH RELATED DOCUMENTATION FORCOMPLETENESS
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2021-10-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEE'S APPENDIX IN SUPPORT OFMOTION FOR LEAVE TO REDACTCOMMERCIALLY SENSITIVE BUSINESS TERMS FROMTHE LEASE AGREEMENT TO BE FILED WITH THE COURT,AND TO SUPPLEMENT THE RECORD WITHRELATED DOCUMENTATION FOR COMPLETENESS
|
| On Behalf Of |
MDM RETAIL, LTD.
|
|
| Docket Date |
2021-10-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S MOTION FOR LEAVE TO REDACTCOMMERCIALLY SENSITIVE BUSINESS TERMS FROMTHE LEASE AGREEMENT TO BE FILED WITH THE COURT,AND TO SUPPLEMENT THE RECORD WITHRELATED DOCUMENTATION FOR COMPLETENESS
|
| On Behalf Of |
MDM RETAIL, LTD.
|
|
| Docket Date |
2021-10-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellees are ordered to file the entire lease, dated May 31, 2013, between Appellees and Metsquare Cinema, LLC, within five (5) days from the date of this Order.
|
|
| Docket Date |
2021-09-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Live OA ~ The above-styled cause will be set for oral argument on WEDNESDAY, NOVEMBER 10, 2021, at 9:30 A.M., in person, at the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.The parties will be allowed FIFTEEN (15) MINUTES per side to present their arguments. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Each of the attorneys who will argue must return a Notice of Acknowledgment, attached hereto, within three (3) days of this Notice. The Notice has instructions for return.If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
| Docket Date |
2021-09-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2021-09-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
MDM RETAIL, LTD.
|
|
| Docket Date |
2021-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument during the week of NOVEMBER 8, 2021, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
| Docket Date |
2021-09-08
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2021-07-09
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Cause Removed from O/A calendar (OG55) ~ Appellant’s Unopposed Motion to Reschedule is granted. This cause is removed from the oral argument calendar of Wednesday, September 8, 2021, at 9:30 a.m.
|
|
| Docket Date |
2021-07-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ APPELLANT'S UNOPPOSED MOTION TO RESCHEDULE
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2021-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument-Video Conference
|
| Description |
Remote OA Notice ~ This cause is hereby provisionally set for oral argument before the Third District Court of Appeal on FILLIN "Original date and time" WEDNESDAY, SEPTEMBER 8, 2021, at 9:30 a.m., with fifteen (15) minutes allowed each side for presentation of oral argument. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. Due to the circumstances surrounding the COVID-19 pandemic, the oral argument will not be held at the courthouse. Instead, the oral argument will be held remotely, via the Zoom platform. Attached to this Notice you will find additional instructions for accessing the platform, and for testing your connections thereto. Each of the attorneys who will argue must return a Notice of Acknowledgment, attached hereto, within three (3) days of this Notice. The Notice has instructions for return.If for any reason counsel is unable to participate remotely, via the Zoom platform, please notify the Court promptly so that other arrangements can be made.The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument.
|
| On Behalf Of |
MDM RETAIL, LTD.
|
|
| Docket Date |
2021-03-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2021-03-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2021-02-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MDM RETAIL, LTD.
|
|
| Docket Date |
2021-02-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR ATTORNEYS' FEES UNDER FLORIDA STATUTES § 713.29
|
| On Behalf Of |
MDM RETAIL, LTD.
|
|
| Docket Date |
2021-02-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TOMOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
MDM RETAIL, LTD.
|
|
| Docket Date |
2021-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MDM RETAIL, LTD.
|
|
| Docket Date |
2021-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MDM RETAIL, LTD.
|
|
| Docket Date |
2021-02-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2021-02-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2021-01-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-01-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANT, K.D. CONSTRUCTION OF FLORIDA, INC.'S NOTICE OF CHANGE OF ATTORNEY OF RECORD AND DIRECTIONS TO CLERK TO UPDATE ATTORNEY INFORMATION
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2020-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ DESIGNATION TO APPROVED COURT REPORTER, CIVIL COURT REPORTER, OR APPROVED TRANSCRIPTIONIST, AND REPORTER'S OR APPROVED TRANSCRIPTIONIST'S ACKNOWLEDGEMENT
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2020-11-30
|
| 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 December 10, 2020.
|
|
| Docket Date |
2020-11-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2020-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2020-11-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-11-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-27756
|
Parties
| Name |
K. D. CONSTRUCTION OF FLORIDA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SHANA P. NOGUES, Daniel J. Santaniello, Edgardo Ferreyra, Jr.
|
|
| Name |
JOHNSON GIL
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
HERMAN J. RUSSOMANNO, HERMAN J. RUSSOMANNO, III, Judd G. Rosen, ROBERT J. BORRELLO
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-09-19
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2016-09-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-08-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2016-08-29
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Certiorari Denied (Including Resp & Reply) (DA30) ~ Following review of the petition for writ of certiorari, and the response and reply thereto, it is ordered that said petition is hereby denied as moot. Petitioner's motion for review of order denying motion to stay is hereby denied as moot.
|
|
| Docket Date |
2016-08-25
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ of order entered by the lower tribunal denying rs motion to stay case pending
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2016-07-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to ro reply to response.
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2016-07-15
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ to response.
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2016-07-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Ext-granted to reply to response on pet. (OG01D) ~ Petitioner¿s motion for extension of time to file a reply to the response to the petition for writ of certiorari is granted to and including July 16, 2016.
|
|
| Docket Date |
2016-07-06
|
| 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 |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2016-07-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
JOHNSON GIL
|
|
| Docket Date |
2016-07-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to pet. for writ of cert.
|
| On Behalf Of |
JOHNSON GIL
|
|
| Docket Date |
2016-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondent¿s motion for an extension of time to file a response to the petition for writ of certiorari is granted to and including July 1, 2016.
|
|
| Docket Date |
2016-06-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
JOHNSON GIL
|
|
| Docket Date |
2016-06-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This petitioner is ordered to pay the required $300.00 filing fee to the Clerk of the Court no later than June 13, 2016.
|
|
| Docket Date |
2016-06-01
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondent is ordered to file a response within twenty (20) days of the date of this order to the petition for writ of certiorari. Further, a reply may be filed five (5) days thereafter.
|
|
| Docket Date |
2016-05-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-05-27
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2016-05-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
K.D. CONSTRUCTION OF FLORIDA, INC.
|
|
| Docket Date |
2016-05-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
