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AIRAM STONE DESIGNS, INC., VS WILBUR RIVAS, etc., et al.,
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3D2020-1898
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2020-12-21
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Closed
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|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-29917
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Parties
| Name |
AIRAM STONE DESIGNS, INC.
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Samuel E. Basch, Joseph J. Goldberg, RHIANNA L. BUSCH, Mark D. Tinker
|
|
| Name |
WILBUR RIVAS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Luis Menedez-Aponte, PHILLIP J. MITCHELL, JR., JUSTIN D. GROSZ, Elizabeth K. Russo, ELIZABETH JIMENEZ, Paulo R. Lima
|
|
| Name |
FREDDY A. CASTILLO
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Hon. David C. Miller
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Miami-Dade Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
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Docket Entries
| Docket Date |
2021-01-26
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp w/o mandate
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|
| Docket Date |
2021-01-26
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2021-01-06
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Prohibition Denied (Including Resp & Reply) (DA32) ~ Following review of the Petition for Writ of Prohibition, and the Response and Reply thereto, it is ordered that said Petition is hereby denied.
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|
| Docket Date |
2021-01-06
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| Type |
Disposition by Opinion
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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|
| Docket Date |
2020-12-31
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| Type |
Response
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| Subtype |
Reply
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| Description |
REPLY ~ REPLY TO THE RESPONSE TO THE PETITION FOR WRIT OF PROHIBITION
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| On Behalf Of |
AIRAM STONE DESIGNS, INC.
|
|
| Docket Date |
2020-12-29
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ RESPONDENT WILBUR RIVAS' RESPONSE TO PETITIONFOR WRIT OF PROHIBITION
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| On Behalf Of |
WILBUR RIVAS
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|
| Docket Date |
2020-12-23
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
WILBUR RIVAS
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|
| Docket Date |
2020-12-23
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| Type |
Order
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| Subtype |
Order to Show Cause
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| 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 fifteen (15) days of the date of this Order. This Order stays further proceedings in the lower tribunal pursuant to Florida Rule of Appellate Procedure 9.100(h). Further, a reply may be filed five (5) days thereafter. FERNANDEZ, LINDSEY and GORDO, JJ., concur.
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| Docket Date |
2020-12-21
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2020-12-21
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF PROHIBITION
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| On Behalf Of |
AIRAM STONE DESIGNS, INC.
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|
| Docket Date |
2020-12-21
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| Type |
Petition
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| Subtype |
Petition
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| Description |
Petition Filed ~ PETITION FOR WRIT OF PROHIBITIONRELATED CASE: 20-1466
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| On Behalf Of |
AIRAM STONE DESIGNS, INC.
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| Docket Date |
2020-12-21
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
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AIRAM STONE DESIGNS, INC., VS WILBUR RIVAS, etc.,
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3D2020-1466
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2020-10-12
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Closed
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|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-29917
|
Parties
| Name |
AIRAM STONE DESIGNS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Samuel E. Basch, RHIANNA L. BUSCH, Mark D. Tinker, Joseph J. Goldberg
|
|
| Name |
WILBUR RIVAS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JUSTIN D. GROSZ, ELIZABETH JIMENEZ, Elizabeth K. Russo, Luis Menedez-Aponte, PHILLIP J. MITCHELL, JR.
|
|
| Name |
Hon. David C. Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2020-10-15
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| Type |
Order
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| Subtype |
Order to Respond to Petition
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| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondent is ordered to show cause within fourteen (14) days from the date of this Order as to why the relief sought in the Petition for Writ of Mandamus should not be granted. Petitioner may file a reply within five (5) days thereafter.
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| Docket Date |
2020-10-12
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2020-10-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-12
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO THE PETITION FOR WRIT OF MANDAMUS
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| On Behalf Of |
AIRAM STONE DESIGNS, INC.
|
|
| Docket Date |
2020-10-12
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| Type |
Petition
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| Subtype |
Petition
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| Description |
Petition Filed ~ PETITION FOR WRIT OF MANDAMUS
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| On Behalf Of |
AIRAM STONE DESIGNS, INC.
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|
| Docket Date |
2020-11-03
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Reply to Response
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| Description |
Ext-granted to reply to response on pet. (OG01D) ~ Petitioner’s Unopposed Motion for Leave to Reply is granted. Petitioner shall file the reply to the Response to the Petition for Writ of Mandamus by November 4, 2020, as stated in the Motion.
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| Docket Date |
2020-10-30
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Docket Entry
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| Description |
Miscellaneous Docket Entry ~ UNOPPOSED MOTION FOR LEAVE TO REPLY
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| On Behalf Of |
AIRAM STONE DESIGNS, INC.
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| Docket Date |
2020-10-20
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ APPENDIX TORESPONSE TO PETITION FOR WRIT OF MANDAMUS
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| On Behalf Of |
WILBUR RIVAS
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|
| Docket Date |
2020-10-20
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF MANDAMUS
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| On Behalf Of |
WILBUR RIVAS
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| Docket Date |
2020-10-15
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
WILBUR RIVAS
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|
| Docket Date |
2020-11-30
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp w/o mandate
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|
| Docket Date |
2020-11-30
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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|
| Docket Date |
2020-11-10
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| Type |
Petition
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| Subtype |
Petition
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| Description |
Petition Granted (OG29) ~ Following review of the Petition for Writ of Mandamus, and the Response and Reply thereto, it is ordered that said Petition is granted. The order on summary judgment is vacated, and the matter is remanded to the trial court to conduct a hearing on the motion for summary judgment as contemplated in Florida Rule of Civil Procedure 1.510(c). See State Farm Fire and Cas. Co. v. Lezcano, 22 So. 3d 632, 634 (Fla. 3d DCA 2009) (“A trial court’s failure to conduct a hearing prior to ruling on the motion for summary judgment constitutes a denial of the due process guarantee of notice and an opportunity to be heard.”).
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| Docket Date |
2020-11-10
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| Type |
Disposition by Opinion
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| Subtype |
Granted
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| Description |
Granted - Order by Judge
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|
| Docket Date |
2020-11-04
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| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO THE RESPONSE TO THE PETITION FOR WRIT OF MANDAMUS
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| On Behalf Of |
AIRAM STONE DESIGNS, INC.
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