Archdiocese of Miami, Inc., et al., Petitioner(s) v. John Doe 1, Respondent(s)
|
SC2023-0936
|
2023-06-28
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
3rd District Court of Appeal
3D21-1463;
|
Parties
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
David J. Pascuzzi, Roberto J. Diaz
|
|
Name |
ARCHDIOCESE OF MIAMI, A CORPORATION SOLE
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
ARCHBISHOP WENSKI AS CORPORATE SOLE OF THE ARCHDIOCESE OF MIAMI
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Anonymous John Doe 1
|
Role |
Respondent
|
Status |
Active
|
Representations |
Jeffrey Marc Herman, Stuart Samuel Mermelstein, Daniel G. Ellis
|
|
Name |
Hon. Barbara Areces
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
3DCA Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Juan Fernandez-Barquin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-06-29
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2023-06-29
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
Archdiocese of Miami, Inc.
|
View |
View File
|
|
Docket Date |
2023-07-28
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
Respondent's Jurisdictional Brief
|
On Behalf Of |
Anonymous John Doe 1
|
View |
View File
|
|
Docket Date |
2023-06-29
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
Petitioners' Jurisdictional Brief
|
On Behalf Of |
Archdiocese of Miami, Inc.
|
View |
View File
|
|
Docket Date |
2023-06-29
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
Acknowledgment Letter-New Case-Pay Fee
|
View |
View File
|
|
Docket Date |
2023-06-28
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
Notice to Invoke Discretionary Jurisdiction
|
On Behalf Of |
Archdiocese of Miami, Inc.
|
View |
View File
|
|
Docket Date |
2023-11-02
|
Type |
Disposition
|
Subtype |
Rev DY Lack Juris
|
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).
|
View |
View File
|
|
|
BURRI LAW, P.A., etc., et al., VS EMPLOYEE BENEFIT SERVICES, INC., etc., et al.,
|
3D2022-1555
|
2022-09-12
|
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
21-4363
|
Parties
Name |
BURRI LAW, P.A.
|
Role |
Appellant
|
Status |
Active
|
Representations |
William D. Mueller, Elliot B. Kula, W. Aaron Daniel, RODERICK F. COLEMAN
|
|
Name |
DEAN ALLEN BURRI
|
Role |
Appellant
|
Status |
Active
|
|
Name |
BURRI INSURANCE, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ABC ENTITIES 1-10
|
Role |
Appellee
|
Status |
Active
|
|
Name |
KURT R. BURNETTE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
METROPOLITAN ARCHDIOCESE OF PITTSBURGH
|
Role |
Appellee
|
Status |
Active
|
|
Name |
EPARCHY OF PASSIAC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
THOMAS J. OLMSTEAD
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BERT N. REIMANN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JOHN AND JANE DOES 1-10
|
Role |
Appellee
|
Status |
Active
|
|
Name |
EMPLOYEE BENEFIT SERVICES, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Cody German, MICHAEL A. MULLEN, REBECCA A. BROWNELL, EMILY C. SMITH, Alan St. Louis, JOHN E. CERVERA, FRANCISCO RAMOS, JR., ROBERTO J. DIAZ, DANIEL C. DRESCH, SANYA DHERMY, MAURA F. JENNINGS
|
|
Name |
ROBERT SHALHOUB
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MILAN LACH
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JANET A. DICKS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
WILLIAM C. SKURLA
|
Role |
Appellee
|
Status |
Active
|
|
Name |
THOMAS G. WENSKI
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BYZANTINE CATHOLIC DIOCESE OF PARMA
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BYZANTINE RITE
|
Role |
Appellee
|
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 |
2022-09-12
|
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 |
2022-09-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
On Behalf Of |
BURRI LAW, P.A.
|
|
Docket Date |
2022-09-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
BURRI LAW, P.A.
|
|
Docket Date |
2022-09-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
EMPLOYEE BENEFIT SERVICES, INC.
|
|
Docket Date |
2022-09-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
EMPLOYEE BENEFIT SERVICES, INC.
|
|
Docket Date |
2022-10-24
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
BURRI LAW, P.A.
|
|
Docket Date |
2022-10-21
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ Certified.
|
On Behalf Of |
BURRI LAW, P.A.
|
|
Docket Date |
2022-10-17
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ NOTICE OF FILINGAMENDED NOTICE OF APPEAL
|
On Behalf Of |
BURRI LAW, P.A.
|
|
Docket Date |
2022-10-06
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Upon review of the Notice of Appeal and concluding that the order appealed is a non-final, non-appealable order, the Court treats the appeal as a premature appeal. Within ten (10) days from the date of this Order, the appellant shall file the final judgment to which the trial court refers in the appealed order. See GMI, LLC v. Asociacion del Futbol Argentino, 174 So. 3d 500, 501 (Fla. 3d DCA 2015) ("An order that merely grants a motion to dismiss is not a final order.").
|
|
Docket Date |
2022-10-25
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2022-10-25
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2022-10-25
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-10-25
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellants’ Notice of Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
|
ANN LOTIERZO VS THOMAS EUTENEUER, et al.
|
4D2022-0238
|
2022-01-20
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432019CA001525
|
Parties
Name |
Anne Lotierzo
|
Role |
Appellant
|
Status |
Active
|
Representations |
Martin B. Kofsky
|
|
Name |
DIOCESE OF PALM BEACH, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Gerald Barbarito
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Felipe De Jesus Estevez
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Gary L. Sweet
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Thomas Euteneuer
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jeanette Marie Lugo, Daniel C. Dresch, Michael A. Mullen, Joseph M. Winsby, Robert J. Diaz, Emily C. Smith, John P. Wiederhold, J. Patrick Fitzgerald
|
|
Docket Entries
Docket Date |
2023-03-24
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-03-08
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
Docket Date |
2022-08-18
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Thomas Euteneuer
|
|
Docket Date |
2022-08-08
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 08/18/2022
|
|
Docket Date |
2022-07-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
Thomas Euteneuer
|
|
Docket Date |
2022-06-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Anne Lotierzo
|
|
Docket Date |
2022-06-06
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant’s initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2022-05-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that, upon consideration of appellant’s response filed on May 10, 2022, this court’s April 26, 2022 order to show cause is discharged. Further, ORDERED that appellant’s May 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 27, 2022. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2022-05-10
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ AND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
On Behalf Of |
Anne Lotierzo
|
|
Docket Date |
2022-04-26
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2022-03-24
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Thomas Euteneuer
|
|
Docket Date |
2022-03-17
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 441 PAGES
|
On Behalf Of |
Clerk - Martin
|
|
Docket Date |
2022-03-11
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Thomas Euteneuer
|
|
Docket Date |
2022-02-02
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s February 2, 2022 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
Docket Date |
2022-02-02
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ **Stricken**
|
On Behalf Of |
Anne Lotierzo
|
|
Docket Date |
2022-01-31
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Anne Lotierzo
|
|
Docket Date |
2022-01-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-01-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Anne Lotierzo
|
|
Docket Date |
2022-01-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-03-24
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-08-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Thomas Euteneuer
|
|
Docket Date |
2022-07-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ July 7, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before August 8, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2022-01-21
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
JOHN DOE 1, VS ARCHDIOCESE OF MIAMI, INC., et al.,
|
3D2021-1463
|
2021-07-15
|
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
21-3578
|
Parties
Name |
JOHN DOE 1
|
Role |
Appellant
|
Status |
Active
|
Representations |
DANIEL G. ELLIS, JEFFREY M. HERMAN, STUART S. MERMELSTEIN
|
|
Name |
ARCHBISHOP WENSKI AS CORPORATE SOLE OF THE ARCHDIOCESE OF MIAMI
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
EMILY C. SMITH, David J. Pascuzzi, DANIEL C. DRESCH, JOSEPH M. WINSBY, MICHAEL A. MULLEN, ROBERTO J. DIAZ
|
|
Name |
ARCHDIOCESE OF MIAMI, A CORPORATION SOLE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Barbara Areces
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
John A. Tomasino
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-06-29
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
|
|
Docket Date |
2023-06-28
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretional Jurisdiction to Supreme Court
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2023-06-28
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
Docket Date |
2023-06-22
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-06-06
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Appellees' Stipulation for Substitution of Counsel, filed on March 31, 2023, is noted. Appellant's Opposition to Motion for Rehearing, Motion for Rehearing En Banc, and Motion for Certification, filed on April 20, 2023, is also noted.Upon consideration, Appellees' Motion for Rehearing and Motion for Certification is hereby denied. Appellees' Motion for Rehearing En Banc is likewise denied.
|
|
Docket Date |
2023-06-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-04-24
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S OPPOSITION TO MOTION FOR REHEARING, MOTION FOR REHEARING EN BANC, AND MOTION FOR CERTIFICATION
|
On Behalf Of |
JOHN DOE 1
|
|
Docket Date |
2023-04-05
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc ~ APPELLEES' MOTION FOR REHEARING, MOTION FORREHEARING EN BANC AND MOTION FOR CERTIFICATION
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2023-03-31
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Counsel
|
Description |
Motion For Substitution of Counsel ~ STIPULATION FOR SUBSTITUTION OF COUNSEL
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2023-03-27
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2023-03-23
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2023-03-22
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ Affirmed in part and reversed and remanded in part for further proceedings.
|
|
Docket Date |
2022-09-20
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 3DCA
|
|
Docket Date |
2022-08-08
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
JOHN DOE 1
|
|
Docket Date |
2022-08-04
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice of Live OA ~ The above-styled cause will be set for oral argument on TUESDAY, SEPTEMBER 20, 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.
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2022-07-18
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
ORAL ARGUMENT RECEIPT ~ Notice of Oral Argument
|
On Behalf Of |
JOHN DOE 1
|
|
Docket Date |
2022-07-15
|
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 SEPTEMBER 19, 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 |
2022-04-27
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
JOHN DOE 1
|
|
Docket Date |
2022-04-27
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
JOHN DOE 1
|
|
Docket Date |
2022-03-30
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellees’ Unopposed Motion to Supplement the Record on Appeal, filed on March 28, 2022, is granted, and the record on appeal is supplemented to include the transcript that is attached to said Motion.
|
|
Docket Date |
2022-03-28
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2022-03-28
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement the Record
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2022-03-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-07 days to 3/28/2022
|
|
Docket Date |
2022-03-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILEANSWER BRIEF
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2022-03-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-20 days to 3/21/2022
|
|
Docket Date |
2022-02-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILEANSWER BRIEF
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2022-01-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2022-01-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-40 days to 2/28/2022
|
|
Docket Date |
2022-01-13
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Joint Stipulation for Dismissal of Appeal, filed on January 12, 2022, is recognized by the Court. This appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed as to Appellants John Doe 2 and John Doe 3 only. This appeal shall remain pending as to Appellant John Doe 1.
|
|
Docket Date |
2022-01-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ JOINT STIPULATION FOR DISMISSAL OF APPEAL, IN PART, AS TO JOHN DOE 2 AND JOHN DOE 3 ONLY
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2021-12-21
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Corrected Appellant's Initial Brief ~ CORRECTED INITIAL BRIEF OF APPELLANT JOHN DOE NO. 1(As To Case Number Only)
|
On Behalf Of |
JOHN DOE 1
|
|
Docket Date |
2021-12-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
JOHN DOE 1
|
|
Docket Date |
2021-11-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-49 days to 12/20/2021
|
|
Docket Date |
2021-11-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ SECOND AGREED NOTICE FOR ADDITONAL EXTENSION OF TIME TOFILE INITIAL APPELLATE BRIEF
|
On Behalf Of |
JOHN DOE 1
|
|
Docket Date |
2021-09-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
JOHN DOE 1
|
|
Docket Date |
2021-09-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-40 days to 11/01/2021
|
|
Docket Date |
2021-08-04
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2021-07-15
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
JOHN DOE 1
|
|
Docket Date |
2021-07-15
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2021-07-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants 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 July 25, 2021.
|
|
Docket Date |
2021-07-15
|
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.
|
|
|
MAGALI NEFF, etc., et al., VS ARCHDIOCESE OF MIAMI, INC., et al.,
|
3D2020-1340
|
2020-09-18
|
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
18-31703
|
Parties
Name |
MAGALI NEFF
|
Role |
Appellant
|
Status |
Active
|
Representations |
JAMES J. TRAITZ, Jay M. Levy
|
|
Name |
HERBERT NEFF
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ST. BRENDAN HIGH SCHOOL, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Alvin B. Davis, JOSEPH M. WINSBY, MICHAEL A. MULLEN, EMILY C. SMITH, ROBERTO J. DIAZ, MAURA F. JENNINGS
|
|
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GOOD HOPE EQUESTRIAN TRAINING CENTER, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. MARK BLUMSTEIN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-02-11
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-02-11
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-01-26
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
|
|
Docket Date |
2021-12-07
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 3DCA
|
|
Docket Date |
2021-10-20
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2020-12-10
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
Ext for relinquishment period granted (OG49C) ~ Upon consideration, Appellants' "Motion for Additional Thirty (30) Day Extension to Enter Final Judgment" is granted, and jurisdiction of this cause is temporarily relinquished to the trial court for an additional period of time to and including fifteen (15) days from the date of this Order.
|
|
Docket Date |
2020-12-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ Motion for Additional Thirty (30) Day Extension to Enter Final Judgment
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2020-11-23
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2020-11-10
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Upon the Court's own motion, jurisdiction is relinquished to the trial court for a period of thirty (30) days from the date of this Order for the purpose of entering a final judgment in favor of the Archdiocese of Miami, Inc., against Appellants. The Motion to Dismiss is held in abeyance pending entry of said order.
|
|
Docket Date |
2020-11-02
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANTS' RESPONSE TO MOTION TO DISMISS APPEAL
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2020-10-15
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS FOR LACK OF JURISDICTION
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2020-10-15
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ APPENDIX TO APPELLEE'S MOTION TO DISMISSFOR LACK OF JURISDICTION
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2020-10-01
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2020-09-18
|
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 |
2020-09-18
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ PRIOR CASES: 19-650, 18-2579
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2020-09-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-10-19
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice of Live OA ~ The above-styled cause will be set for oral argument on TUESDAY, DECEMBER 7, 2021, at 9:30 A.M. in person, at the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.The parties will be allowed FIFTEEN (15) MINUTES per side to present their arguments. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Each of the attorneys who will argue must return a Notice of Acknowledgment, attached hereto, within three (3) days of this Notice. The Notice has instructions for return.If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
Docket Date |
2021-10-13
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-10-11
|
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 DECEMBER 6, 2021, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
Docket Date |
2021-08-02
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-07-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ RB-4 days to 8/2/21
|
|
Docket Date |
2021-07-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-07-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-07-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ RB-12 days to 7/29/2021
|
|
Docket Date |
2021-07-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ RB-10 days to 7/17/21
|
|
Docket Date |
2021-07-07
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-06-08
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2021-05-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-20 days to 06/08/2021
|
|
Docket Date |
2021-05-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2021-04-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 5/19/2021
|
|
Docket Date |
2021-04-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2021-03-19
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ CORRECTED INITIAL BRIEF
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-03-19
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-03-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-03-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-3 days to 03/19/2021
|
|
Docket Date |
2021-03-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-15 days to 3/16/21
|
|
Docket Date |
2021-03-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-02-22
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2021-02-15
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellants’ Agreed Second Motion to Supplement the Record on Appeal, filed on February 12, 2021, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the depositions as stated in said Motion.
|
|
Docket Date |
2021-02-12
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement the Record ~ Agreed Second Motion to Supplement Record on Appeal
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-02-02
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2021-02-01
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellants’ Agreed Motion to Supplement the Record, filed on January 28, 2021, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the transcript as stated in said Motion.
|
|
Docket Date |
2021-01-28
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement the Record
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2021-01-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-30 Days to 03/01/2021
|
|
Docket Date |
2021-01-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2020-12-17
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion to Dismiss Denied (OD32) ~ Appellee Archdiocese of Miami, Inc.’s Notice of Filing Final Judgment is noted. Upon consideration, Appellee Archdiocese of Miami, Inc.’s Motion to Dismiss for Lack of Jurisdiction is hereby denied as moot. LOGUE, SCALES and LINDSEY, JJ., concur.
|
|
Docket Date |
2020-12-15
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ NOTICE OF FILING FINAL JUDGMENT RENDERED DECEMBER 8,2020, IN FAVOR OF APPELLEE
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
|
ST. BRENDAN HIGH SCHOOL, INC., et al., VS MAGALI NEFF, et al.,
|
3D2019-0650
|
2019-04-05
|
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
18-31703
|
Parties
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ST. BRENDAN HIGH SCHOOL, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
JOSEPH M. WINSBY, ROBERTO J. DIAZ, MAURA F. JENNINGS, MICHAEL A. MULLEN
|
|
Name |
MAGALI NEFF
|
Role |
Appellee
|
Status |
Active
|
Representations |
Patricia Gladson, JAMES J. TRAITZ, Jay M. Levy
|
|
Name |
HERBERT NEFF
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GOOD HOPE EQUESTRIAN TRAINING CENTER, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Maria de Jesus Santovenia
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-04-10
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PETITIONERS' RESPONSE TO RESPONDENTS'MOTION TO CONSOLIDATE
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-04-29
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ APPENDIX TO RESPONDENTS' RESPONSE IN OPPOSITION TO PETITIONFOR WRIT OF PROHIBITION
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-11-08
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-11-08
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2019-10-23
|
Type |
Disposition by Opinion
|
Subtype |
Denied
|
Description |
Denied - Per Curiam Opinion
|
|
Docket Date |
2019-10-23
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, petitioners’ Request for Oral Argument is hereby denied.
|
|
Docket Date |
2019-09-11
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-08-19
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
File Status Report (OR03) ~ Within thirty (30) days from date of this order, the parties are ordered to file a status report, including any additional authorities or argument in light of the mandate having issued in case no. 3D18-2579.
|
|
Docket Date |
2019-05-17
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ This case is abated pending this Court’s decision in case no. 3D18-2579.
|
|
Docket Date |
2019-05-09
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ REPLY IN SUPPORT OF PETITION FOR WRIT OF PROHIBITION
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-05-02
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF PROHIBITION AND SHOWING OF CAUSE WHY PETITION SHOULD BE DENIED
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-05-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Extension granted to respond to petition (OG01) ~ Respondents’ motion for an extension of time to file a response to the petition for writ of prohibition is granted to and including May 2, 2019.
|
|
Docket Date |
2019-04-30
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration of respondents’ motion to have case heard by the same panel as in case no. 3D18-2579, and to consolidate for oral argument, the motion to have case heard by the same panel is denied SALTER, SCALES and LINDSEY, JJ., concur.
|
|
Docket Date |
2019-04-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ MOTION FOR THREE (3) DAY EXTENSION OF TIME TO FILE RESPONSE TO PETITION FOR WRIT OF PROHIBITION
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-04-29
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION TO HAVE CASE HEARD BY SAME PANEL AS CASE NO. 3D18-2579 AND TO CONSOLIDATE FOR ORAL ARGUMENT
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-04-29
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-04-22
|
Type |
Order
|
Subtype |
Order on Motion For Clarification
|
Description |
Clarification denied (OD57D) ~ Upon consideration, respondents’ motion for clarification of the Court’s April 9, 2019 order is hereby denied. SALTER, SCALES and LINDSEY, JJ., concur.
|
|
Docket Date |
2019-04-16
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PETITIONERS' RESPONSE TO RESPONDENTS' MOTION FOR CLARIFICATION
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-04-15
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Order Response: Motion (OR23) ~ Petitioners are ordered to file a response within ten (10) days of the date of this order to the respondents' motion for
|
|
Docket Date |
2019-04-09
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate ~ MOTION TO CONSOLIDATE AND FOR OTHER RELIEF
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-04-09
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ PETITIONERS' (ST. BRENDAN HIGH SCHOOL, INC. ANDARCHDIOCESE OF MIAMI, INC.) NOTICE OF APPEARANCE AND DESIGNATION OF E-MAIL ADDRESSES
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-04-09
|
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 twenty (20) 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. SALTER, SCALES and LINDSEY, JJ, concur.
|
|
Docket Date |
2019-04-09
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion For Clarification ~ MOTION FOR CLARIFICATION OF ORDER TO SHOW CAUSE GRANTING STAY
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-04-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-04-08
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion For Oral Argument ~ REQUEST FOR ORAL ARGUMENT
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-04-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment Letter with attachments.
|
|
Docket Date |
2019-04-05
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2019-04-05
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF PROHIBITION
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-04-05
|
Type |
Petition
|
Subtype |
Petition Prohibition
|
Description |
Petition Prohibition ~ Related Case: 18-2579
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
|
ST. BRENDAN HIGH SCHOOL, INC.. et al., VS MAGALI NEFF, et al.,
|
3D2018-2579
|
2018-12-21
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-31703
|
Parties
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ST. BRENDAN HIGH SCHOOL, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
JOSEPH M. WINSBY, EMILY C. SMITH, ROBERTO J. DIAZ, MICHAEL A. MULLEN, ELAINE D. WALTER, MAURA F. JENNINGS
|
|
Name |
MAGALI NEFF
|
Role |
Appellee
|
Status |
Active
|
Representations |
JAMES J. TRAITZ, Jay M. Levy
|
|
Name |
HERBERT NEFF
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Maria de Jesus Santovenia
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-01-04
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion For Oral Argument
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2018-12-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ CERTIFIED.
|
|
Docket Date |
2018-12-21
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2018-12-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
Docket Date |
2018-12-21
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ COMPLETE.
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-01-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 3/19/19
|
|
Docket Date |
2019-08-02
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-07-17
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2019-07-17
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
Rehearing denied (OD57) ~ Upon consideration, appellees’motion for rehearing is hereby denied. SALTER, FERNANDEZ and LINDSEY, JJ., concur.
|
|
Docket Date |
2019-07-12
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANTS' RESPONSE TOAPPELLEES' MOTION FOR REHEARING
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-07-10
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-06-26
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
Docket Date |
2019-06-12
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion to Dismiss Denied (OD32) ~ Following review of appellant’s response to the appellees’ Notice of Mootness, appellees’ Notice of Mootness is treated as a motion to dismiss appeal as moot, and the motion is hereby denied. SALTER, FERNANDEZ and LINDSEY, JJ., concur.
|
|
Docket Date |
2019-06-10
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANTS' RESPONSE TOAPPELLEES' NOTICE OF MOOTNESS
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-06-06
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Appellants are ordered to file a response within five (5) days from the date of this order to the appellees’ Notice of Mootness.
|
|
Docket Date |
2019-06-04
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ Notice of Mootness
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-05-24
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-05-22
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 3DCA
|
|
Docket Date |
2019-05-07
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
Considered w/o Oral Argument (OR52) ~ This cause is removed from the oral argument calendar of Wednesday, May 22, 2019. The Court will consider the case without oral argument. SALTER, FERNANDEZ and LINDSEY, JJ., concur.
|
|
Docket Date |
2019-04-18
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief ~ REPLY IN SUPPORT OF INITIAL BRIEF
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-04-02
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-03-27
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
Notice of Oral Argument
|
|
Docket Date |
2019-03-26
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-03-22
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-03-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellees’ motion for an extension of time to file the answer brief is granted to and including March 22, 2019, with no further extensions allowed. If said brief is not timely filed in accordance with this order, appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the court in this cause.
|
|
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
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-03-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-01-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MAGALI NEFF
|
|
Docket Date |
2019-01-11
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-01-04
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ INITIAL BRIEF OF APPELLANTS ANDALTERNATIVE PETITION FOR WRIT OF PROHIBITION
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
Docket Date |
2019-01-04
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
ST. BRENDAN HIGH SCHOOL, INC.
|
|
|
W.D. VS ARCHDIOCESE OF MIAMI, INC., ET AL.
|
SC2016-1192
|
2016-07-06
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062013CA024204AXXXCE
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D15-550
|
Parties
Name |
W & D, LLC
|
Role |
Petitioner
|
Status |
Active
|
Representations |
ADAM H. LAWRENCE, STEPHEN L. MALOVE, SCOTT LYON HENRATTY
|
|
Name |
ARCHDIOCESE OF MIAMI, A CORPORATION SOLE
|
Role |
Respondent
|
Status |
Active
|
|
Name |
REV. E.B.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
REV. J.Q.
|
Role |
Respondent
|
Status |
Active
|
Representations |
JOHN D. GOLDEN
|
|
Name |
LAWRENCE FRANCO
|
Role |
Respondent
|
Status |
Active
|
|
Name |
ST. BERNADETTE HOME & SCHOOL ASSOCIATION, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Joseph M. Winsby, Roberto J. Diaz, Michael A. Mullen, Elaine D. Walter, J. Patrick Fitzgerald
|
|
Name |
ARCHBISHOP WENSKI AS CORPORATE SOLE OF THE ARCHDIOCESE OF MIAMI
|
Role |
Respondent
|
Status |
Active
|
|
Name |
M & O, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
ILANA B. LAZARUS, DOUGLAS MALCOLM MCINTOSH
|
|
Name |
REV. P.O.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Survivors Network of those Abused by Priests
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
STUART SAMUEL MERMELSTEIN, Mr. Jeffrey Marc Herman
|
|
Name |
Hon. Carol-Lisa Phillips
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. HOWARD FORMAN
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-12-29
|
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 |
2016-08-23
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
On Behalf Of |
Survivors Network of those Abused by Priests
|
View |
View File
|
|
Docket Date |
2016-07-25
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
View |
View File
|
|
Docket Date |
2016-07-13
|
Type |
Event
|
Subtype |
Fee Paid in Full - $300
|
Description |
Fee Paid In Full - $300 ~ ***Paid in full by check and receipt issued***
|
|
Docket Date |
2016-07-11
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Uncertified Copy
|
On Behalf Of |
W.D.
|
View |
View File
|
|
Docket Date |
2016-07-11
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF ~ W/APPENDIX
|
On Behalf Of |
W.D.
|
View |
View File
|
|
Docket Date |
2016-07-08
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
Docket Date |
2016-07-06
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
On Behalf Of |
W.D.
|
View |
View File
|
|
Docket Date |
2016-07-06
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
JOHN DOE NO. 133 VS ARCHDIOCESE OF MIAMI, INC., ET AL.
|
4D2015-4881
|
2015-12-31
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15008795 (04)
|
Parties
Name |
JOHN DOE NO. 133
|
Role |
Appellant
|
Status |
Active
|
Representations |
JEFFREY M. HERMAN, Lee Gill Cohen
|
|
Name |
ARCHDIOCESE OF MIAMI, A CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Robert J. Diaz, Joseph M. Winsby, Elaine D. Walter, Michael A. Mullen, J. Patrick Fitzgerald
|
|
Name |
ARCHBISHOP WENSKI AS CORP. SOLE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Sandra Perlman
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-05-12
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (123 PAGES)
|
|
Docket Date |
2016-05-11
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
Docket Date |
2016-05-11
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2016-05-06
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Motion For Stipulation of Dismissal
|
On Behalf Of |
JOHN DOE NO. 133
|
|
Docket Date |
2016-02-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 05/09/16
|
On Behalf Of |
JOHN DOE NO. 133
|
|
Docket Date |
2016-01-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Archdiocese of Miami, Inc.
|
|
Docket Date |
2016-01-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Archdiocese of Miami, Inc.
|
|
Docket Date |
2016-01-05
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2016-01-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2015-12-31
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-12-31
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JOHN DOE NO. 133
|
|
|
JOHN DOE NO. 100 VS ARCHDIOCESE OF MIAMI, INC., ET AL.
|
4D2013-2372
|
2013-07-02
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
13-3478 12
|
Parties
Name |
JOHN DOE NO. 100
|
Role |
Appellant
|
Status |
Active
|
Representations |
JEFFREY M. HERMAN, STUART S. MERMELSTEIN, ARICK W. FUDALI
|
|
Name |
ARCHBISHOP WENSKI
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
J. Patrick Fitzgerald, Joseph M. Winsby, Elaine D. Walter, JACKIE HART, ROBERTO J. DIAZ (DNU), Michael A. Mullen
|
|
Name |
ARCHDIOCESE OF MIAMI, A CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Michael L. Gates
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2013-12-18
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed (No Record)
|
|
Docket Date |
2013-11-12
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2013-11-12
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this appeal is dismissed.
|
|
Docket Date |
2013-11-07
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Motion For Stipulation of Dismissal
|
On Behalf Of |
JOHN DOE NO. 100
|
|
Docket Date |
2013-11-01
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 12/04/13
|
On Behalf Of |
JOHN DOE NO. 100
|
|
Docket Date |
2013-09-30
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 11/04/13
|
On Behalf Of |
JOHN DOE NO. 100
|
|
Docket Date |
2013-08-26
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 10/03/13
|
On Behalf Of |
JOHN DOE NO. 100
|
|
Docket Date |
2013-07-18
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ AND ROBERTO DIAZ
|
On Behalf Of |
Archdiocese of Miami, Inc.
|
|
Docket Date |
2013-07-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Archdiocese of Miami, Inc.
|
|
Docket Date |
2013-07-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2013-07-03
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2013-07-02
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JOHN DOE NO. 100
|
|
Docket Date |
2013-07-02
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
**DNU** order appealed
|
|
|
JOHN DOE NO. 94, VS ARCHDIOCESE OF MIAMI INC., et al.,
|
3D2013-1539
|
2013-06-13
|
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
12-35205
|
Parties
Name |
JOHN DOE NO. 94
|
Role |
Appellant
|
Status |
Active
|
Representations |
STUART S. MERMELSTEIN, JEFFREY M. HERMAN
|
|
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
ROBERTO J. DIAZ, MICHAEL A. MULLEN, ELAINE D. WALTER, J. PATRICK FITZGERALD
|
|
Name |
HON. BETH BLOOM
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Harvey Ruvin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2013-11-14
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2013-11-14
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2013-11-14
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2013-11-14
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Stipulation of Dismissal (DA11J) ~ ORDERED that the joint stipulation for dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
Docket Date |
2013-11-07
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
JOHN DOE NO. 94
|
|
Docket Date |
2013-10-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 11/27/13
|
|
Docket Date |
2013-10-25
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
JOHN DOE NO. 94
|
|
Docket Date |
2013-08-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 10/28/13
|
|
Docket Date |
2013-08-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
JOHN DOE NO. 94
|
|
Docket Date |
2013-08-16
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal ~ 1 VOLUME.
|
|
Docket Date |
2013-07-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 8/28/13
|
|
Docket Date |
2013-07-24
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
JOHN DOE NO. 94
|
|
Docket Date |
2013-07-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
JOHN DOE NO. 94
|
|
Docket Date |
2013-07-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ of designation of email addresses
|
On Behalf Of |
JOHN DOE NO. 94
|
|
Docket Date |
2013-06-19
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2013-06-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ARCHDIOCESE OF MIAMI, INC.
|
|
Docket Date |
2013-06-17
|
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 ($300.00) dollar fee is paid to the Clerk of the Court on or before June 27, 2013.
|
|
Docket Date |
2013-06-13
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JOHN DOE NO. 94
|
|
Docket Date |
2013-06-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
JIMMY WILKINS, VS ARCHDIOCESE OF MIAMI, INC., et al.,
|
3D2012-0831
|
2012-03-27
|
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
10-25047
|
Parties
Name |
JIMMY WILKINS
|
Role |
Appellant
|
Status |
Active
|
Representations |
JEFFREY M. HERMAN
|
|
Name |
ARCHDIOCESE OF MIAMI, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
J. PATRICK FITZGERALD, FREDERICK A. HIGHAM, JR., MICHAEL A. MULLEN
|
|
Name |
ELAINE D. WALTER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Jennifer D. Bailey
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Harvey Ruvin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2012-05-16
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2012-04-26
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2012-04-26
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court's own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida is dismissed for failure to comply with this Court's order dated March 29, 2012, and with the Florida Rules of Appellate Procedure.SUAREZ and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge, concur.
|
|
Docket Date |
2012-04-03
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ of cases involving related issue
|
On Behalf Of |
ELAINE D. WALTER
|
|
Docket Date |
2012-03-29
|
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 ($300.00) dollar fee is paid to the Clerk of the Court on or before April 8, 2012.
|
|
Docket Date |
2012-06-26
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ 2 VOLUMES.
|
|
Docket Date |
2012-05-18
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal ~ 2 VOLUMES.
|
|
Docket Date |
2012-05-16
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2012-03-27
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JIMMY WILKINS
|
|
Docket Date |
2012-03-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
DM:No Fee - Case Dismissed
|
|
|