| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-2393
|
Parties
| Name |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott A. Cole, Kathryn L. Ender
|
|
| Name |
MICHELLE AELION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIVA AELION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ISAAC AELION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BRETT A. PANTER, DAVID SAMPEDRO, Patricia Gladson, Jacob J. Liro, Joel S. Perwin, BRAD JOHN MCCORMICK, AMY SIEGEL ORAN, MICHAEL F. SUAREZ, LOWELL J. KUVIN
|
|
| Name |
Hon. David C. Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-09-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-08-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Upon consideration, petitioner’s motion for rehearing and request for certification to the Florida Supreme Court is hereby denied. SALTER, EMAS and LINDSEY, JJ., concur. Petitioner’s motion for rehearing en banc is denied.
|
|
| Docket Date |
2018-08-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-07-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
|
| Docket Date |
2018-07-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
|
| Docket Date |
2018-07-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for rehearing
|
| On Behalf Of |
ISAAC AELION
|
|
| Docket Date |
2018-06-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2018-06-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2018-06-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Authored Opinion
|
|
| Docket Date |
2018-06-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Petitioners' motion for clarification of the Court's May 2, 2018 order consolidating prohibition cases is denied as moot. The temporary stay entered by this Court on April 19, 2018 is vacated.
|
|
| Docket Date |
2018-05-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ of the Court's May 2, 2018 order consolidating prohibition cases, filed in case no. 3D18-0755
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2018-05-21
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2018-05-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ On the Court’s own motion, the Court consolidates a group of prohibition cases filed in the Court, all of which are directed to circuit court orders denying motions for judicial disqualification of one specific civil division judge. The petitions here, and the motions for judicial disqualification below, were filed on behalf of clients of one specific law firm based on sworn allegations that a member of the law firm applied (and subsequently qualified) to oppose the judge in the clients’ cases pending before that judge.As there are similar underlying legal issues (and certain common facts) in these cases, they are appropriate for consolidation for judicial economy. Absent further order, papers relating to each petition shall be filed in the appropriate, separate case in this Court, but the caption shall clearly indicate consolidation with Case No. 3D18-0755. The cases presently consolidated with this case are:Case No. 3D18-786, Elite Parking, LLC v. Chapman;Case No. 3D18-790, Perez v. Espineira;Case No. 3D18-825, Homeowners Choice Prop. & Cas. Ins. Co. Inc. v. Avila;Case No. 3D18-826, Southern Oak Ins. Co. v. Gregory;Case No. 3D18-827, Safepoint Ins. Co. v. Mardy;Case No. 3D18-828, Cristela Investments, Inc. v. Moore;Case No. 3D18-833, Fla. Capital Realty Luxury, Inc. v. Lacotera;Case No. 3D18-834, Lakeview Gardens at Miami Lakes Condo. Ass’n., Inc. v. KCC Investment Group, LLC;Case No. 3D18-835, Marhall v. Sanchez;Case No. 3D18-836, Edison Ins. Co. v. Loo;Case No. 3D18-838, Moses v. Luke;Case No. 3D18-853, The Belle Tower Condo., Inc. v. Mehta; Case No. 3D18-854, 2020 Ponce Condo. Ass’n., Inc. v. 2020 Ponce LLC;Case No. 3D18-855, Sayan Condo. Ass’n., Inc. v. Law Offices of Isaac Benmergui, P.A.;Case No. 3D18-857, Hartford Ins. Co. of the Midwest v. Dutkin; and Case No. 3D18-860, Safepoint Ins. Co. v. Pierre. To the extent that petitions for prohibition relating to the same scenario, civil division judge, candidate/challenger, and law firm are filed subsequently, the petition shall contain a disclosure of that circumstance so that the new case may be considered for inclusion in this order of consolidation.SALTER, EMAS and LINDSEY, JJ., concur.
|
|
| Docket Date |
2018-04-26
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ to the response
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2018-04-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to amended pet. for writ of prohibition
|
| On Behalf Of |
ISAAC AELION
|
|
| Docket Date |
2018-04-19
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ of April 19, 2018 order denying emerg. motion to stay
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2018-04-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a petition is due.
|
|
| Docket Date |
2018-04-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2018-04-19
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to show cause-Proh(Rule Nisi)(OR12J) ~ Pursuant to Fla. R. App. P. 9.100(h), each respondent shall, and the trial court may (but is not required to), show cause in a response to the petition within twenty (20) days why the petition should not be granted. Any reply shall be filed and served within five (5) days thereafter. Pending disposition of the petition, this order shall stay further proceedings in the subject circuit court lawsuit. SALTER, EMAS and LINDSEY, JJ., concur.
|
|
| Docket Date |
2018-04-19
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ AMENDED
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2018-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for review
|
| On Behalf Of |
ISAAC AELION
|
|
| Docket Date |
2018-04-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2018-04-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-04-18
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
10-64760
|
Parties
| Name |
LUZ MARINA PETRUZZELLI PLLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOSEPH M. REICHERT, Nicole R. Topper, BARBARA GONZALEZ, ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC, PAUL D. BREITNER
|
|
| Name |
BENEFICIAL FLORIDA INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Gisela Cardonne Ely
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-05-10
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2016-05-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-04-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 3 VOLUMES.
|
|
| Docket Date |
2016-04-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-04-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion for leave to amend showing good cause why appeal should not be dismissed
|
|
| Docket Date |
2016-04-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to ae motion to dismiss and motion to strike ae motion to dismiss
|
|
| Docket Date |
2016-03-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to show cause order
|
|
| Docket Date |
2016-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellant¿s motion for extension of time to file a response to the appellee¿s motion to dismiss is granted to and including thirty (30) days from the date of this order.
|
|
| Docket Date |
2016-03-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ to the AE's motion to dismiss appeal.
|
|
| Docket Date |
2016-02-26
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
Issue Rule-Lack of Jurisdiction (OR01B) ~ Inasmuch as an order denying a motion to dismiss is not appealable, the parties are ordered to show cause within ten (10) days from the date of this order why the appeal should not be dismissed for lack of jurisdiction.
|
|
| Docket Date |
2016-02-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of similar and related cases
|
|
| Docket Date |
2016-02-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC.
|
|
| Docket Date |
2016-02-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify 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 ($300.00) dollar fee is paid to the Clerk of the Court by cash, cashier¿s check or money order on or before February 28, 2016, or a certified copy of the Application for Determination of Civil Indigent Status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
| Docket Date |
2016-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LUZ MARINA PETRUZZELLI
|
|
| Docket Date |
2016-02-17
|
| 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 |
2016-02-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-04-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Appellant, defendant below, appeals from the trial court's February 10, 2016 order which denied appellant's motion to dismiss. Appellee, plaintiff below, filed a motion to dismiss appellant's appeal. Appellee's motion asserts that this Court lacks jurisdiction to hear an appeal of the trial court's non-final order which merely denied appellant's motion to dismiss. We issued a separate order requiring appellant to show cause as to why we should not dismiss appellant's appeal for lack of jurisdiction. Appellant has responded to both appellee's motion to dismiss and our order to show cause. Appellant has also filed a motion seeking to amend her response to our order to show cause. After careful consideration, we are compelled to deny appellant's motion for leave to amend, as any such amendment would be futile. This Court lacks subject matter jurisdiction to entertain an appeal of the trial court's February 10, 2016 order; therefore, we dismiss the appeal.
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