|
Diamond Blue International, Inc. et al, Petitioner(s) v. CFLB Partnership, LLC, Respondent(s)
|
SC2022-1760
|
2022-12-15
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
3rd District Court of Appeal
3D21-1335; 3D21-1639;
|
Parties
| Name |
Diamond Blue International, Inc.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Ava J. Borrasso, Jeffrey B. Crockett
|
|
| Name |
Fundacion Lemar
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CFLB PARTNERSHIP, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Charles M. Auslander, John G. Crabtree, Brian C. Tackenberg
|
|
| Name |
Hon. Michael Allen Hanzman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Juan Fernandez-Barquin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-12
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris & Atty Fees Gr (Cond Offer Settle)
|
| Description |
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).
Respondent's motion for attorneys' fees is granted in the amount of $2,500.00, conditioned on the trial court's determination, at the conclusion of the case, that under Florida Rule of Civil Procedure 1.442, Respondent is entitled to attorneys' fees pursuant to a proposal for settlement.
|
| View |
View File
|
|
| Docket Date |
2023-01-04
|
| Type |
Motion
|
| Subtype |
Appendix
|
| Description |
APPENDIX-MOTION ~ Appendix to Respondent's Motion for Appellate Attorney's Fees
|
| On Behalf Of |
CFLB Partnership, LLC
|
| View |
View File
|
|
| Docket Date |
2023-01-04
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Respondent's Brief on Jurisdiction
|
| On Behalf Of |
CFLB Partnership, LLC
|
| View |
View File
|
|
| Docket Date |
2023-01-03
|
| Type |
Order
|
| Subtype |
Stay Proceedings Below
|
| Description |
ORDER-STAY PROCEEDINGS BELOW DY ~ Petitioners' Motion to Recall Third District Mandate or Alternatively, Stay Effect of Mandate filed in the above styled cause is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2022-12-27
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ Petitioners' Appendix to Brief on Jurisdiction
|
| On Behalf Of |
Diamond Blue International, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-12-27
|
| Type |
Motion
|
| Subtype |
Stay (Proceedings Below)
|
| Description |
MOTION-STAY (PROCEEDINGS BELOW) ~ Petitioners' Motion to Recall Third District Mandate or Alternatively, Stay Effect of Mandate
|
| On Behalf Of |
Diamond Blue International, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-12-21
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-12-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Diamond Blue International, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-12-21
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Diamond Blue International, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-12-20
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2022-12-15
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Diamond Blue International, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-12-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
CFLB PARTNERSHIP, LLC, VS DIAMOND BLUE INTERNATIONAL, INC., et al.,
|
3D2022-0076
|
2022-01-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-26865
|
Parties
| Name |
CFLB PARTNERSHIP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael R. Lorigas, CORALI LOPEZ-CASTRO, Dwayne A. Robinson
|
|
| Name |
FUNDACION LEMAR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DIAMOND BLUE INTERNATIONAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
AVA J. BORRASSO, Rodrigo S. Da Silva
|
|
| Name |
HON. MICHAEL A. HANZMAN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-13
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-01-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-03-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-03-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-03-03
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-03-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-03-03
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-03-03
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant’s Notice of Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2022-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-01-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2022-01-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-01-13
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
|
|
CFLB PARTNERSHIP, LLC, VS DIAMOND BLUE INTERNATIONAL, INC., etc., et al.,
|
3D2021-1639
|
2021-08-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-26865
|
Parties
| Name |
CFLB PARTNERSHIP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LEONCIO E. DE LA PENA, Charles M. Auslander, TRACY PEREZ, John G. Crabtree, Brian C. Tackenberg, OTTO C. DE CORDOBA
|
|
| Name |
DIAMOND BLUE INTERNATIONAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeffrey B. Crockett, AVA J. BORRASSO
|
|
| Name |
FUNDACION LEMAR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Thomas J. Rebull
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. MICHAEL A. HANZMAN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-13
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court onjurisdictional briefs and portions of the record deemed necessary toreflect jurisdiction under Article V, Section 3(b), FloridaConstitution, and the Court having determined that it shoulddecline to accept jurisdiction, it is ordered that the petition forreview is denied.No motion for rehearing will be entertained by the Court. SeeFla. R. App. P. 9.330(d)(2).Respondent’s motion for attorneys’ fees is granted in theamount of $2,500.00, conditioned on the trial court’sdetermination, at the conclusion of the case, that under FloridaRule of Civil Procedure 1.442, Respondent is entitled to attorneys’fees pursuant to a proposal for settlement.
|
|
| Docket Date |
2023-01-03
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ Petitioners’ Motion to Recall Third District Mandate or Alternatively, Stay Effect of Mandate filed in the above styled cause is hereby denied.
|
|
| Docket Date |
2022-12-21
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2022-12-15
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-12-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2022-12-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion to Recall Mandate
|
| Description |
Motion to Recall Mandate Denied (OD57G) ~ Appellant’s Response to the Urgent Motion to Recall the Mandate, filed on December 14, 2022, is noted.Upon consideration, Appellees’ Urgent Motion to Recall the Mandate or Alternatively, Stay Effect of the Mandate is hereby denied. LOGUE, LINDSEY and LOBREE, JJ., concur.
|
|
| Docket Date |
2022-12-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO THE APPELLEES' URGENTMOTION TO RECALL MANDATE
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-12-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEES' URGENT MOTION TO RECALL MANDATE OR ALTERNATIVELY, STAY EFFECT OF MANDATE
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-12-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Upon consideration, Appellees’ Motion for Rehearing, or Alternatively, for Certification is hereby denied. Appellees’ Motion for Rehearing En Banc is denied.FERNANDEZ, C.J., and LOGUE, SCALES, LINDSEY, HENDON, MILLER, GORDO and LOBREE, JJ., concur. BOKOR, J., dissenting from denial of rehearing en banc. A claim of unjust enrichment “exists to prevent the wrongful retention of a benefit, or the retention of money or property of another, in violation of good conscience and fundamental principles of justice or equity.” Challenge Air Transp., Inc. v. Transportes Aereos Nacionales, S.A., 520 So. 2d 323, 324 (Fla. 3d DCA 1998). Unfortunately, the passing reference in Kopel v. Kopel, 229 So. 3d 812, 818 (Fla. 2017), that “the plaintiff must directly confer a benefit to the defendant,” misapplied in Extraordinary Title Services, LLC v. Florida Power & Light Co., 1 So. 3d 400 (Fla. 3d DCA 2009), causes unnecessary confusion in the law by implying a non-existent requirement of direct contact or privity of contract between a plaintiff and a defendant. The facts underpinning Kopel do not support the conclusion in Extraordinary Title Services. The panel opinion demonstrates the need to clarify the law on unjust enrichment for both litigants and the courts. Such clarification of a long-standing cause of action speaks to both bases for en banc review: exceptional importance and maintaining decisional uniformity. See Fla. R. App. P. 9.331(d)(1). In a federal class action, applying Florida law on unjust enrichment, Judge Moreno noted the “isolated reference in Kopel to one element of an unjust enrichment claim,” but nonetheless concluded that “[a] plaintiff may confer a direct benefit through indirect contact with a defendant through an intermediary.” In re Takata Airbag Prods. Liability Litig., 462 F. Supp. 3d 1304, 1328 (S.D. Fla. 2020) (internal citations and quotations omitted); see also Weinberg v. Advanced Data Processing, Inc., 147 F. Supp. 3d 1359, 1368 (S.D. Fla. 2015) (“[T]he ‘direct benefit’ element of an unjust enrichment claim may be satisfied where a benefit is conferred through an intermediary. In other words, a direct benefit can derive from a transaction with no direct contact.”). On the other hand, in applying the same law in Marrache v. Bacardi U.S.A., Inc., 17 F.4th 1084, 1102 (11th Cir. 2021) (citing Extraordinary Title Servs., 1 So. 3d at 404), the court affirmed the dismissal of a claim for unjust enrichment where Marrache and the putative class “[a]t most . . . alleged that [they] conferred an indirect benefit to Bacardi.” Both In re Takata and Marrache correctly apply important principles of unjust enrichment. Marrache emphasizes that a claim for unjust enrichment requires a direct benefit, as opposed to some nebulous, hard-to-trace indirect benefit. The direct benefit language serves a purpose. Unjust enrichment claims should not be a clearinghouse for tangential or spurious claims, only partially connected (if at all) to a defendant. A court should examine each case on its own merits to determine if a plaintiff “directly conferred” a benefit that a defendant voluntarily and inequitably retained. Cf. Weinberg, 147 F. Supp. 3d. at 1368 (explaining that a plaintiff may be able to show a direct relationship where the intermediary has a direct relationship with the defendant; citing other cases where an unjust enrichment claim proceeded despite the presence of an intermediary). Examining the facts of Kopel, the In re Takata and Weinberg line of cases presents the correct statement of the law. In Kopel, this court explained that:Here, there was no unjust enrichment because there was no benefit conferred to either Enrique or Bernardo individually. Leon admitted he paid his father $2,917,200 of the $5 million. Bernardo and Enrique did not receive this benefit. Leon further admitted he paid $1,794,999 into two foreign corporations in which he held a one-third interest. Enrique hel
|
|
| Docket Date |
2022-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO THE APPELLEES' MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION OF CONFLICT
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-09-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ APPELLEES' MOTION FOR REHEARING, REHEARING EN BANCOR ALTERNATIVELY, CERTIFICATION
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-08-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ Reversed and remanded.
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellant’s Motion for Appellate Attorney’s Fees, it is ordered that said Motion is granted, conditioned upon the trial court finding that Appellant has met the provisions of section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442. Accordingly, the matter is remanded to the trial court. Appellees’ Amended Motion for Appellate Attorney’s Fees is hereby denied.
|
|
| Docket Date |
2022-07-06
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2022-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-05-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-05-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Live OA ~ The above-styled cause will be set for oral argument on WEDNESDAY, JULY 6, 2022, 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 |
2022-05-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-05-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2021-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2021-08-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2021-08-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-08-13
|
| 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 August 23, 2021.
|
|
| Docket Date |
2022-05-04
|
| 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 July 5, 2022, 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 |
2022-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO APPELLANT'S MOTION FORAPPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-03-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-03-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-03-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S MOTION FOR APPELLATEATTORNEY'S FEES
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-03-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-03-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellant’s Motion for an Extension of Time to File the Reply Brief and Motion for Extension of Time to Respond to Appellees’ Amended Motion for Appellate Attorney’s Fees is granted to and including thirty (30) days from the date of this Order, with no further extensions allowed.
|
|
| Docket Date |
2022-02-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF AND MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLEES' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-02-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellant's Unopposed Motion for Extension of Time to file a response to the Amended Motion for Appellate Attorney's Fees is granted to and including fourteen (14) days from the date of this Order.
|
|
| Docket Date |
2022-02-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPONDTO APPELLEES' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-02-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AMENDED APPELLEES' MOTION FOR APPELLATE ATTORNEY'SFEES
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-01-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-01-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEES' ANSWER BRIEF
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-01-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellees’ Agreed Motion to Supplement the Record, filed on January 18, 2022, is granted, and the record on appeal is supplemented to include the transcripts that are attached to said Motion.
|
|
| Docket Date |
2022-01-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2021-12-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-12-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Unopposed Motion to Supplement the Record on Appeal, filed on December 17, 2021 is granted, and the record on appeal is supplemented to include the documents and transcript that are contained in the Appendix to said Motion.
|
|
| Docket Date |
2021-12-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO UNOPPOSED MOTION TO SUPPLEMENTTHE RECORD ON APPEAL
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-12-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ UNOPPOSED MOTION TO SUPPLEMENTTHE RECORD ON APPEAL
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-10-01
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
| Docket Date |
2021-09-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-09-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Whereas the time for compliance with this Court's August 18,2021, Order has expired, the condensed transcripts remain stricken andshall not be considered by the Court.
|
|
| Docket Date |
2021-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidations Granted--all purpose (OG24) ~ Upon consideration of the motion of the appellant, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D21-1335.
|
|
| Docket Date |
2021-08-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S MOTION TO CONSOLIDATEAPPEALS
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-08-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ APPELLANT'S MOTION TO CONSOLIDATE APPEALS
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
|
|
CFLB PARTNERSHIP, LLC, VS DIAMOND BLUE INTERNATIONAL, INC., etc., et al.,
|
3D2021-1335
|
2021-06-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-26865
|
Parties
| Name |
CFLB PARTNERSHIP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
TRACY PEREZ, LEONCIO E. DE LA PENA, Brian C. Tackenberg, Charles M. Auslander, OTTO C. DE CORDOBA, John G. Crabtree
|
|
| Name |
FUNDACION LEMAR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DIAMOND BLUE INTERNATIONAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
AVA J. BORRASSO, Rodrigo S. Da Silva, Jeffrey B. Crockett
|
|
| Name |
Hon. Thomas J. Rebull
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. MICHAEL A. HANZMAN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
John A. Tomasino
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellant’s Motion for an Extension of Time to File the Reply Brief and Motion for Extension of Time to Respond to Appellees’ Amended Motion for Appellate Attorney’s Fees is granted to and including thirty (30) days from the date of this Order, with no further extensions allowed.
|
|
| Docket Date |
2023-07-13
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court onjurisdictional briefs and portions of the record deemed necessary toreflect jurisdiction under Article V, Section 3(b), FloridaConstitution, and the Court having determined that it shoulddecline to accept jurisdiction, it is ordered that the petition forreview is denied.No motion for rehearing will be entertained by the Court. SeeFla. R. App. P. 9.330(d)(2).Respondent’s motion for attorneys’ fees is granted in theamount of $2,500.00, conditioned on the trial court’sdetermination, at the conclusion of the case, that under FloridaRule of Civil Procedure 1.442, Respondent is entitled to attorneys’fees pursuant to a proposal for settlement.
|
|
| Docket Date |
2023-01-03
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ Petitioners’ Motion to Recall Third District Mandate or Alternatively, Stay Effect of Mandate filed in the above styled cause is hereby denied.
|
|
| Docket Date |
2022-12-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2022-12-21
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2022-12-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion to Recall Mandate
|
| Description |
Motion to Recall Mandate Denied (OD57G) ~ Appellant’s Response to the Urgent Motion to Recall the Mandate, filed on December 14, 2022, is noted.Upon consideration, Appellees’ Urgent Motion to Recall the Mandate or Alternatively, Stay Effect of the Mandate is hereby denied. LOGUE, LINDSEY and LOBREE, JJ., concur.
|
|
| Docket Date |
2022-12-15
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court ~ CORRECTED NOTICE TO INVOKE DISCRETIONARYJURISDICTION
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-12-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEES' URGENT MOTION TO RECALL MANDATE OR ALTERNATIVELY, STAY EFFECT OF MANDATE
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-12-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO THE APPELLEES' URGENTMOTION TO RECALL MANDATE
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-12-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Upon consideration, Appellees’ Motion for Rehearing, or Alternatively, for Certification is hereby denied. Appellees’ Motion for Rehearing En Banc is denied.FERNANDEZ, C.J., and LOGUE, SCALES, LINDSEY, HENDON, MILLER, GORDO and LOBREE, JJ., concur. BOKOR, J., dissenting from denial of rehearing en banc. A claim of unjust enrichment “exists to prevent the wrongful retention of a benefit, or the retention of money or property of another, in violation of good conscience and fundamental principles of justice or equity.” Challenge Air Transp., Inc. v. Transportes Aereos Nacionales, S.A., 520 So. 2d 323, 324 (Fla. 3d DCA 1998). Unfortunately, the passing reference in Kopel v. Kopel, 229 So. 3d 812, 818 (Fla. 2017), that “the plaintiff must directly confer a benefit to the defendant,” misapplied in Extraordinary Title Services, LLC v. Florida Power & Light Co., 1 So. 3d 400 (Fla. 3d DCA 2009), causes unnecessary confusion in the law by implying a non-existent requirement of direct contact or privity of contract between a plaintiff and a defendant. The facts underpinning Kopel do not support the conclusion in Extraordinary Title Services. The panel opinion demonstrates the need to clarify the law on unjust enrichment for both litigants and the courts. Such clarification of a long-standing cause of action speaks to both bases for en banc review: exceptional importance and maintaining decisional uniformity. See Fla. R. App. P. 9.331(d)(1). In a federal class action, applying Florida law on unjust enrichment, Judge Moreno noted the “isolated reference in Kopel to one element of an unjust enrichment claim,” but nonetheless concluded that “[a] plaintiff may confer a direct benefit through indirect contact with a defendant through an intermediary.” In re Takata Airbag Prods. Liability Litig., 462 F. Supp. 3d 1304, 1328 (S.D. Fla. 2020) (internal citations and quotations omitted); see also Weinberg v. Advanced Data Processing, Inc., 147 F. Supp. 3d 1359, 1368 (S.D. Fla. 2015) (“[T]he ‘direct benefit’ element of an unjust enrichment claim may be satisfied where a benefit is conferred through an intermediary. In other words, a direct benefit can derive from a transaction with no direct contact.”). On the other hand, in applying the same law in Marrache v. Bacardi U.S.A., Inc., 17 F.4th 1084, 1102 (11th Cir. 2021) (citing Extraordinary Title Servs., 1 So. 3d at 404), the court affirmed the dismissal of a claim for unjust enrichment where Marrache and the putative class “[a]t most . . . alleged that [they] conferred an indirect benefit to Bacardi.” Both In re Takata and Marrache correctly apply important principles of unjust enrichment. Marrache emphasizes that a claim for unjust enrichment requires a direct benefit, as opposed to some nebulous, hard-to-trace indirect benefit. The direct benefit language serves a purpose. Unjust enrichment claims should not be a clearinghouse for tangential or spurious claims, only partially connected (if at all) to a defendant. A court should examine each case on its own merits to determine if a plaintiff “directly conferred” a benefit that a defendant voluntarily and inequitably retained. Cf. Weinberg, 147 F. Supp. 3d. at 1368 (explaining that a plaintiff may be able to show a direct relationship where the intermediary has a direct relationship with the defendant; citing other cases where an unjust enrichment claim proceeded despite the presence of an intermediary). Examining the facts of Kopel, the In re Takata and Weinberg line of cases presents the correct statement of the law. In Kopel, this court explained that:Here, there was no unjust enrichment because there was no benefit conferred to either Enrique or Bernardo individually. Leon admitted he paid his father $2,917,200 of the $5 million. Bernardo and Enrique did not receive this benefit. Leon further admitted he paid $1,794,999 into two foreign corporations in which he held a one-third interest. Enrique hel
|
|
| Docket Date |
2022-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO THE APPELLEES' MOTION FOR REHEARING, REHEARING EN BANC, AND CERTIFICATION OF CONFLICT
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-09-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ APPELLEES' MOTION FOR REHEARING, REHEARING EN BANCOR ALTERNATIVELY, CERTIFICATION
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-08-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ Reversed and remanded.
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellant’s Motion for Appellate Attorney’s Fees, it is ordered that said Motion is granted, conditioned upon the trial court finding that Appellant has met the provisions of section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442. Accordingly, the matter is remanded to the trial court. Appellees’ Amended Motion for Appellate Attorney’s Fees is hereby denied.
|
|
| Docket Date |
2022-07-06
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2022-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-05-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-05-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Live OA ~ The above-styled cause will be set for oral argument on WEDNESDAY, JULY 6, 2022, 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 |
2022-05-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-05-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-05-04
|
| 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 July 5, 2022, 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 |
2022-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO APPELLANT'S MOTION FORAPPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-03-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-03-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-03-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S MOTION FOR APPELLATEATTORNEY'S FEES
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-03-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-03-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-02-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ FIRST MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF AND MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLEES' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-02-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellant's Unopposed Motion for Extension of Time to file a response to the Amended Motion for Appellate Attorney's Fees is granted to and including fourteen (14) days from the date of this Order.
|
|
| Docket Date |
2022-02-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPONDTO APPELLEES' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2022-02-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AMENDED APPELLEES' MOTION FOR APPELLATE ATTORNEY'SFEES
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-01-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-01-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEES' ANSWER BRIEF
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-01-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2022-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellees’ Agreed Motion to Supplement the Record, filed on January 18, 2022, is granted, and the record on appeal is supplemented to include the transcripts that are attached to said Motion.
|
|
| Docket Date |
2022-01-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2021-12-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Unopposed Motion to Supplement the Record on Appeal, filed on December 17, 2021 is granted, and the record on appeal is supplemented to include the documents and transcript that are contained in the Appendix to said Motion.
|
|
| Docket Date |
2021-12-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-12-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO UNOPPOSED MOTION TO SUPPLEMENTTHE RECORD ON APPEAL
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-12-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ UNOPPOSED MOTION TO SUPPLEMENTTHE RECORD ON APPEAL
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 12/20/2021
|
|
| Docket Date |
2021-10-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 11/20/2021
|
|
| Docket Date |
2021-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-09-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-09-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Whereas the time for compliance with this Court's August 18,2021, Order has expired, the condensed transcripts remain stricken andshall not be considered by the Court.
|
|
| Docket Date |
2021-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidations Granted--all purpose (OG24) ~ Upon consideration of the motion of the appellant, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D21-1335.
|
|
| Docket Date |
2021-08-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ APPELLANT'S MOTION TO CONSOLIDATE APPEALS
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-08-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S MOTION TO CONSOLIDATEAPPEALS
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-08-18
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order.
|
|
| Docket Date |
2021-08-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-07-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellees' Response to the Motion for Stay is noted. The temporary stay entered on July 8, 2021, is hereby lifted. Appellant's Opposition to Appellees' Request to Relinquish Jurisdiction is noted. Upon consideration of Appellees' request to relinquish jurisdiction, jurisdiction of this cause is hereby temporarily relinquished to the trial court, for a period of forty-five (45) days from the date of this Order, to address the form of the judgment. LOGUE, GORDO and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-07-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S OPPOSITION TO APPELLEES' REQUESTTO RELINQUISH JURISDICTION
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-07-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO MOTION FOR STAY
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2021-07-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of Appellant’s Urgent Motion to Stay Execution, the trial court’s May 26, 2021, corrected final judgment is hereby temporarily stayed pending further order of this Court. Appellees are ordered to file a response, within fifteen (15) days from the date of this Order, to Appellant’s Urgent Motion to Stay Execution. LOGUE, GORDO and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-07-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ APPELLANT'S URGENT MOTION TO STAY EXECUTION
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-07-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S URGENT MOTION TO STAYEXECUTION
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2021-06-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-06-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ CERTIFICATE OF SERVICE
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-06-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-06-22
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2021-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE 20-1542, 20-1034, 18-2540
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-06-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
|
CFLB PARTNERSHIP, LLC, etc., VS DIAMOND BLUE INTERNATIONAL, INC., etc., et al.,
|
3D2020-1542
|
2020-10-22
|
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
16-26865
|
Parties
| Name |
CFLB PARTNERSHIP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian C. Tackenberg, LEONCIO E. DE LA PENA, Charles M. Auslander, OTTO C. DE CORDOBA, TRACY PEREZ, John G. Crabtree
|
|
| Name |
DIAMOND BLUE INTERNATIONAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rodrigo S. Da Silva, AVA J. BORRASSO, Jeffrey B. Crockett
|
|
| Name |
FUNDACION LEMAR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Abby Cynamon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-09-01
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-09-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-08-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-08-11
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ RESPONDENTS' NOTICE OF FILING
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2021-08-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANT'S OPPOSITION TO MOTION TO DISMISS AND CONDITIONAL MOTION TO CONSOLIDATE WITH PARTNERSHIP'S PLENARY APPEAL FROM FINAL JUDGMENT (IF FINAL JUDGMENT IS RENDERED)
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S OPPOSITION TO MOTION TO DISMISS ANDCONDITIONAL MOTION TO CONSOLIDATE WITHPARTNERSHIP'S PLENARY APPEAL FROM FINAL JUDGMENT(IF FINAL JUDGMENT IS RENDERED)
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-07-14
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Petitioner is ordered to file a response within twenty (20) days of the date of this Order to Respondents' Motion to Dismiss Petition as Moot.
|
|
| Docket Date |
2021-07-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ RESPONDENTS' MOTION TO DISMISS PETITION AS MOOT
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2021-07-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO RESPONDENTS' MOTION TO DISMISS PETITION AS MOOT
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2021-06-25
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2020-11-18
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2020-11-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2020-11-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ RESPONDENTS' APPENDIXTO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2020-10-26
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondents are ordered to file a response within twenty (20) days from the date of this Order to the Petition for Writ of Certiorari. Further, a reply may be filed within ten (10) days thereafter.
|
|
| Docket Date |
2020-10-22
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF CERTIORARIRELATED CASES: 20-1034 AND 18-2540
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2020-10-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2020-10-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2021-08-12
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition for Writ Dismissed (DA28A) ~ Petitioner’s Response in Opposition to the Motion to Dismiss, and Respondents’ Notice of Filing the trial court’s amended final judgment and order denying the motion for rehearing are noted. Upon consideration, Respondents’ Motion to Dismiss Petition as Moot is granted, and the Petition for Writ of Certiorari is hereby dismissed.
|
|
|
|
JJN FLB, LLC, VS CFLB PARTNERSHIP, LLC, et al.,
|
3D2019-1875
|
2019-09-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-4917
|
Parties
| Name |
JJN FLB, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MITCHELL E. WIDOM, Raquel M. Fernandez
|
|
| Name |
CFLB PARTNERSHIP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JENEA M. REED, ALAN H. FEIN, Patricia Gladson, RICHARD E. SCHATZ
|
|
| Name |
CFLB MANAGEMENT, LLC,
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-11-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-11-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion
|
|
| Docket Date |
2019-10-15
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO RESPONSE IN OPPOSITION TOPETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
JJN FLB, LLC
|
|
| Docket Date |
2019-10-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TOPETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2019-10-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ EMERGENCY MOTION FOR STAY OF TRIAL COURT PROCEEDINGS PENDING DETERMINATION OF PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
JJN FLB, LLC
|
|
| Docket Date |
2019-09-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
JJN FLB, LLC
|
|
| Docket Date |
2019-09-27
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
JJN FLB, LLC
|
|
| Docket Date |
2019-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2019-11-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case ~ PETITIONER'S NOTICE OF SIMILAR OR RELATED CASES
|
| On Behalf Of |
JJN FLB, LLC
|
|
| Docket Date |
2019-10-01
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to show cause-Proh(Rule Nisi)(OR12J) ~ CORRECTED ORDER-The party, if any, opposing the relief requested in the petition for writ of prohibition shall, and the respondent judge may, show cause as to why the relief requested should not be granted, within ten (10) days of the date of this order. This order stays further proceedings in the lower tribunal pursuant to Fla. R. App. P. 9.100(h). Further, a reply may be filed five (5) days thereafter. LOGUE, MILLER and LOBREE, JJ., concur.
|
|
|
|
JJN FLB, LLC, et al., VS CFLB PARTNERSHIP, LLC,
|
3D2019-1876
|
2019-09-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-4923
|
Parties
| Name |
JJN FLB, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MITCHELL E. WIDOM, Raquel M. Fernandez
|
|
| Name |
CFLB PARTNERSHIP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JENEA M. REED, ALAN H. FEIN, RICHARD E. SCHATZ
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-11-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-11-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion
|
|
| Docket Date |
2019-10-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TOPETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
CFLB PARTNERSHIP, LLC
|
|
| Docket Date |
2019-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case ~ PETITIONERS' NOTICE OF SIMILAR OR RELATED CASES
|
| On Behalf Of |
JJN FLB, LLC
|
|
| Docket Date |
2019-10-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ EMERGENCY MOTION FOR STAY OF TRIAL COURT PROCEEDINGS PENDING DETERMINATION OF PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
JJN FLB, LLC
|
|
| Docket Date |
2019-09-27
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
JJN FLB, LLC
|
|
| Docket Date |
2019-09-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2019-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
JJN FLB, LLC
|
|
| Docket Date |
2019-11-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-10-15
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO RESPONSE IN OPPOSITION TOPETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
JJN FLB, LLC
|
|
| Docket Date |
2019-10-01
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to show cause-Proh(Rule Nisi)(OR12J) ~ The party, if any, opposing the relief requested in the petition for writ of prohibition shall, and the respondent judge may, show cause as to why the relief requested should not be granted, within ten (10) days of the date of this order. This order stays further proceedings in the lower tribunal pursuant to Fla. R. App. P. 9.100(h). Further, a reply may be filed five (5) days thereafter. LOGUE, MILLER and LOBREE, JJ., concur.
|
|
|
|
CONRAD FLB MANAGEMENT, LLC, etc., et al., VS DIAMOND BLUE INTERNATIONAL, INC., etc., et al.,
|
3D2018-2540
|
2018-12-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-26865
|
Parties
| Name |
CFLB PARTNERSHIP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CONRAD FLB MANAGEMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John G. Crabtree, Brian C. Tackenberg, Charles M. Auslander, LUIS A. DIZ
|
|
| Name |
CFLB MANAGEMENT, LLC,
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOSE E. CABANAS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FUNDACION LEMAR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DIAMOND BLUE INTERNATIONAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
AVA J. BORRASSO
|
|
| Name |
Hon. Abby Cynamon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-03-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-05-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES' MOTION FOR ATTORNEYS FEES & COSTS
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2019-04-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2019-04-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ APPELLEES' REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2019-03-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ APPELLANTS' REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2019-03-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-28 days to 4/25/19
|
|
| Docket Date |
2019-03-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES' UNOPPOSED MOTIONFOR EXTENSION OF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2020-01-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Appellants’ Response filed on December 26, 2019, is noted.Upon consideration, Appellees’ Motion for Rehearing is hereby denied. EMAS, C.J., and SCALES and HENDON, JJ., concur.
|
|
| Docket Date |
2020-01-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-12-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEES' MOTION FOR REHEARING
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2019-12-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2019-12-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ and Remanded.
|
|
| Docket Date |
2019-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Appellees’ Motion for Attorneys Fees and Costs directed toward the appellant, CFLB Management, LLC, is granted. We remand to the trial court to fix the amount. Appellees’ Motion for Attorneys Fees and Costs directed toward the appellants, CFLB Partnership, LLC and Jose E. Cabanas, is hereby denied. Appellants’ Motion for Appellate Attorneys’ Fees is hereby denied.
|
|
| Docket Date |
2019-11-05
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2019-10-15
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2019-09-17
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2019-09-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Granted (OG30) ~ Upon consideration, appellants’ motion to strike appellees’ Notice of Supplemental Authority is granted, and the Notice of Supplemental Authority filed on July 31, 2019 is hereby stricken. SCALES, HENDON and LOBREE, JJ., concur.
|
|
| Docket Date |
2019-08-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLANTS' MOTION TO STRIKEAPPELLEES' NOTICE OF SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2019-08-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLANTS' MOTION TO STRIKE JULY 31, 2019 NOTICE OFSUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2019-07-31
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ See order issued on 9/5/19- Notice of Supplemental Authority stricken.
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2019-07-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLANTS' MOTION FOR APPELLATEATTORNEYS' FEES
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2019-07-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ UNOPPOSED MOTION TO RESCHEDULE ORAL ARGUMENT
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2019-07-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice Rescheduling Oral Argument
|
|
| Docket Date |
2019-07-03
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Cause Removed from O/A calendar (OG55) ~ Reset to 11-5-19
|
|
| Docket Date |
2019-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
ORAL ARGUMENT RECEIPT ~ AE LUIS A. DIZ 412491
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2019-07-02
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Cause Removed from O/A calendar (OG55) ~ Reset for 10-15-19
|
|
| Docket Date |
2019-07-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2019-07-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANTS' MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2019-07-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ UNOPPOSED MOTION TO RESCHEDULE ORAL ARGUMENT
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2019-07-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLEES' MOTIONFOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2019-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2019-05-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellants' unopposed motion for an extension of time to file the reply brief and the response to the motion for attorneys' fees is granted to and including thirty (30) days from the date of this order.
|
|
| Docket Date |
2019-05-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2019-02-26
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Corrected Appellant's Initial Brief
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2019-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellees’ February 15, 2019 unopposed motion to supplement the record is granted, and the clerk of the trial court is directed to supplement the record on appeal with the documents as stated in said motion.
|
|
| Docket Date |
2019-02-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ APPELLEES' UNOPPOSED MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
DIAMOND BLUE INTERNATIONAL, INC.
|
|
| Docket Date |
2019-02-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-01-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellants’ motion for substitution of counsel is granted as stated in the motion.
|
|
| Docket Date |
2019-01-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2018-12-27
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2018-12-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
CONRAD FLB MANAGEMENT, LLC
|
|
| Docket Date |
2018-12-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
|
