|
ANNE M. GANNON, ETC. VS AIRBNB, INC., ET AL.
|
SC2020-0957
|
2020-07-01
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Dual Basis Uncertified
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA000428XXXXMB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D19-541
|
Parties
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
TRIPADVISOR LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
AIRBNB, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kenneth B. Bell, Nicole K. Atkinson, Amy S. L. Terwilleger
|
|
| Name |
AIRBNB PAYMENTS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Homeaway, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HOMEAWAY.COM, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Florida Restaurant and Lodging Association
|
| Role |
Amicus - Petitioner
|
| Status |
Interim
|
| Representations |
Jonathan L. Williams
|
|
| Name |
Hon. James Edward Nutt
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sharon Repak Bock
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ANNE M. GANNON
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Philip M. Burlington, Adam Richardson, Jeffrey M. Liggio, Louis M. Silber, Olivia D. Liggio
|
|
Docket Entries
| Docket Date |
2020-07-23
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
ANNE M. GANNON
|
| View |
View File
|
|
| Docket Date |
2020-10-19
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2020-09-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE-ADDRESS CHANGE
|
| On Behalf Of |
Florida Restaurant and Lodging Association
|
| View |
View File
|
|
| Docket Date |
2020-08-26
|
| Type |
Brief
|
| Subtype |
Juris Answer (Amended)
|
| Description |
JURIS ANSWER AMD BRIEF
|
| On Behalf Of |
Airbnb, Inc.
|
| View |
View File
|
|
| Docket Date |
2020-08-25
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Respondents' jurisdictional brief, which was filed with this Court on August 24, 2020, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondents are hereby directed, on or before September 1, 2020, to file an amended jurisdictional brief which does not exceed ten pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation. A preliminary statement is not required in the contents of a brief; however, if it is included, it must be included in the computation.
|
|
| Docket Date |
2020-08-24
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ **Stricken 8/25/20, exceeds page limit.**
|
| On Behalf Of |
Airbnb, Inc.
|
| View |
View File
|
|
| Docket Date |
2020-08-17
|
| Type |
Notice
|
| Subtype |
Amicus Curiae Intent to Appear
|
| Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ FLORIDA RESTAURANT AND LODGING ASSOCIATION'S NOTICE OF INTENT TO FILE AMICUS BRIEF
|
| On Behalf Of |
Florida Restaurant and Lodging Association
|
| View |
View File
|
|
| Docket Date |
2020-07-13
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME
|
| On Behalf Of |
ANNE M. GANNON
|
| View |
View File
|
|
| Docket Date |
2020-07-06
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid In Full - $300
|
|
| Docket Date |
2020-07-06
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2020-07-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-07-01
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
DUAL BASIS-NOTICE-DISCRE JURIS-CLASS CONST OFCR/DIRECT CONFL
|
| On Behalf Of |
ANNE M. GANNON
|
| View |
View File
|
|
| Docket Date |
2020-07-14
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including July 23, 2020, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
| Docket Date |
2020-07-06
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE (FOREIGN COUNSEL) ~ Any attorney involved in the above case who is not a member of The Florida Bar should immediately file a proper motion pursuant to Florida Rule of Judicial Administration 2.510, if they wish to have this Court consider them as counsel of record. Failure to file a proper motion could result in the imposition of sanctions, including striking the pleading listing the foreign attorney as counsel of record.
|
|
|
|
TRIPADVISOR LLC, etc., VS ESPANOLA WAY ASSOCIATES, LTD., etc.,
|
3D2019-2436
|
2019-12-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-17359
|
Parties
| Name |
TRIPADVISOR LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARC J. RANDAZZA
|
|
| Name |
ESPANOLA WAY ASSOCIATES, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RACHEL E. WALKER, Deborah Baker
|
|
| Name |
Hon. Mavel Ruiz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-01-27
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-01-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-01-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal ~ Filing Fee for Case No. 3D19-2436
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2019-12-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF MOOTNESS
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2019-12-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon the Court’s own motion, it is ordered that the above-referenced petitions are hereby consolidated for all appellate purposes under case no. 3D19-2436.
|
|
| Docket Date |
2019-12-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ Counsel for Petitioner is ordered to pay the required three hundred dollar ($300.00) fee to the Clerk of the Court on or before December 29, 2019.
|
|
| Docket Date |
2019-12-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 fee for a petition is due.
|
|
| Docket Date |
2019-12-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Appendix Certificate of Service
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2019-12-16
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ PETITION FOR WRITS OF CERTIORARI AND PROHIBITION
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2020-01-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-01-06
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition for Writ Dismissed (DA28A) ~ Upon consideration of the parties’ Notice of Mootness, it is ordered that the above-referenced consolidated Petitions are hereby dismissed as moot. The appellant/petitioner’s request for this Court to remove all proceedings related to this cause from its docket is hereby denied.
|
|
|
|
TRIPADVISOR LLC, etc., VS ESPANOLA WAY ASSOCIATES, LTD., etc.,
|
3D2019-2083
|
2019-10-29
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-17359
|
Parties
| Name |
TRIPADVISOR LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARC J. RANDAZZA
|
|
| Name |
ESPANOLA WAY ASSOCIATES, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RACHEL E. WALKER, Deborah Baker
|
|
| Name |
Hon. Mavel Ruiz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-01-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-01-27
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-01-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-01-06
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition for Writ Dismissed (DA28A) ~ Upon consideration of the parties’ Notice of Mootness, it is ordered that the above-referenced consolidated Petitions are hereby dismissed as moot. The appellant/petitioner’s request for this Court to remove all proceedings related to this cause from its docket is hereby denied.
|
|
| Docket Date |
2020-01-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal ~ Filing Fee for Case No. 3D19-2436
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2019-12-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF MOOTNESS
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2019-12-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon the Court's own motion, it is ordered that the above-referenced petitions are hereby consolidated for all appellate purposes under case no. 3D19-2436.
|
|
| Docket Date |
2019-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondent’s Unopposed Motion for Extension of Time is granted. Respondent shall have until January 2, 2020, to file responses to the emergency motion to stay and to the petition for writ of certiorari.
|
|
| Docket Date |
2019-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ APPELLEE'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIMETO FILE ITS RESPONSE TO TRIPADVISOR, LLC'S EMERGENCYMOTION TO STAY PROCEEDINGS, AND TO FILE A RESPONSE TOAPPELLANT'S PETITION FOR A WRIT OF CERTIORARI
|
| On Behalf Of |
ESPANOLA WAY ASSOCIATES, LTD.
|
|
| Docket Date |
2019-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ APPELLEE'S NOTICE OF APPEARANCE
|
| On Behalf Of |
ESPANOLA WAY ASSOCIATES, LTD.
|
|
| Docket Date |
2019-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Granted (OG26) ~ Upon consideration, Tripadvisor LLC’s Emergency Motion to Stay Proceedings is hereby granted pending further order of this Court. Espanola Way Associates, Ltd., shall file a response to the Motion within ten (10) days from the date of this Order. A reply may be filed five (5) days thereafter. The Court hereby treats the Notice of Appeal and Initial Brief as a petition for writ of certiorari. The respondent is ordered to serve a response within twenty (20) days from the date of this Order. A reply may be filed ten (10) days thereafter. EMAS, CJ, and SALTER and GORDO, JJ, concur.
|
|
| Docket Date |
2019-11-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ Emergency motion to stay proceedings or, in the alternative, petition for writ of prohibition.
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2019-11-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ Notice of Errata regarding Emergency motion to stay proceedings or, in the alternative, petition for writ of prohibition.
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2019-11-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2019-11-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLANT'S APPENDIX TO INITIAL BRIEF
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2019-11-05
|
| 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 November 15, 2019.
|
|
| Docket Date |
2019-10-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TRIPADVISOR LLC
|
|
| Docket Date |
2019-10-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
