|
SANTOS GONZALEZ,et al., VS CARLOS MENENDEZ, etc., et. al.,
|
3D2020-0176
|
2020-01-21
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-24587
|
Parties
| Name |
JORGE LLAGUNO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SANTOS GONZALEZ, INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Roy D. Wasson, Peter A. Cohen
|
|
| Name |
CITY TRUST INVESTMENTS LLC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARLOS MENENDEZ
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
VIRGINIA WOLF GILLIAM, SCOTT M. WELLIKOFF
|
|
| Name |
Gregory Ebenfeld, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Miriam Serrano
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GREGORY EBENFELD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hector Serrano
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Reemberto Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-07
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-12-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-11-16
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Certiorari Denied (Including Resp & Reply) (DA30) ~ Following review of the Petition for Writ of Certiorari, and the Response and Reply thereto, it is ordered that said Petition is hereby denied. See Globe Newspaper Co. v. King, 658 So. 2d 518, 520 (Fla. 1995) (“[C]ertiorari review is appropriate to determine whether a court has conducted the evidentiary inquiry required by section 768.72, Florida Statutes, but not so broad as to encompass review of the sufficiency of the evidence considered in that inquiry.”); Event Depot Corp. v. Frank, 269 So. 3d 559, 562 (Fla. 4th DCA 2019) (denying certiorari where “there was a proposed amended complaint, a timely proffer, and a sufficient order,” despite petitioner’s contention “that the trial court’s order contain[ed] no finding of a reasonable evidentiary basis consistent with the above statute”); Cat Cay Yacht Club, Inc. v. Diaz, 264 So. 3d 1071, 1075 (Fla. 3d DCA 2019) (deeming trial court’s failure to make “findings identifying the evidence it considered sufficient” in its written order reversible error only because it also failed make such a finding orally “during the course of the hearing”).
|
|
| Docket Date |
2020-11-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-04-09
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY
|
| On Behalf Of |
SANTOS GONZALEZ
|
|
| Docket Date |
2020-04-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ PETITIONERS' MOTION FOR LEAVETO ACCEPT REPLY IN SUPPORTOF PETITION FOR CERTIORARIFILED OUT-OF-TIME
|
| On Behalf Of |
SANTOS GONZALEZ
|
|
| Docket Date |
2020-03-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ RESPONDENT'S ANSWER BRIEF IN OPPOSITIONTO PETITION FOR CERTIORARI
|
| On Behalf Of |
CARLOS MENENDEZ
|
|
| Docket Date |
2020-02-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Respondents are ordered to file a response within thirty (30) days from the date of this Order to the petitioners’ “Supplemental Brief in Support of Petition for Certiorari.” Petitioners may file a reply within ten (10) days after receipt of the response.
|
|
| Docket Date |
2020-02-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Petitioner Jorge Llaguno's Motion to Correct the Spelling of his Name in the Style of the Case is granted as stated in the Motion.
|
|
| Docket Date |
2020-02-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ PETITIONER'S APPENDIX TO SUPPLEMENTAL BRIEFIN SUPPORT OF PETITION FOR CERTIORARI
|
| On Behalf Of |
SANTOS GONZALEZ
|
|
| Docket Date |
2020-02-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ PETITIONER JORGE LLAGUNO'S MOTION TO CORRECTSPELLING OF HIS NAME IN THE STYLE OF THE CASE
|
| On Behalf Of |
SANTOS GONZALEZ
|
|
| Docket Date |
2020-02-13
|
| Type |
Brief
|
| Subtype |
Supplemental Initial Brief
|
| Description |
Supplemental Appellant's Initial Brief ~ PETITIONER'S SUPPLEMENTAL BRIEFIN SUPPORT OF PETITION FOR CERTIORARI
|
| On Behalf Of |
SANTOS GONZALEZ
|
|
| Docket Date |
2020-02-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ Petitioners’ Unopposed Motion for Extension of Time to file a supplemental brief and appendix is granted to and including February 13, 2020.
|
|
| Docket Date |
2020-01-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ PETITIONER'S UNOPPOSED MOTION FORTEN-DAY ENLARGEMENT OF TIME TOFILE SUPPLEMENTAL BRIEF AND APPENDIX
|
| On Behalf Of |
SANTOS GONZALEZ
|
|
| Docket Date |
2020-01-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Petitioner's Motion for Leave to File a Supplemental Brief and Appendix to the Petition for Writ of Certiorari is granted. Petitioner shall file said documents within ten (10) days from the date of this Order.
|
|
| Docket Date |
2020-01-22
|
| 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 |
2020-01-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-01-21
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
SANTOS GONZALEZ
|
|
| Docket Date |
2020-01-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE SUPPLEMENTAL BRIEF AND APPENDIX IN SUPPORT OF PETITION FOR CERTIORARI
|
| On Behalf Of |
SANTOS GONZALEZ
|
|
|
|
SANTOS GONZALEZ, VS ESTATE OF DONALD ROSE, et al.,
|
3D2018-2455
|
2018-12-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-24587
|
Parties
| Name |
SANTOS GONZALEZ, INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
IN RE: ESTATE OF DONALD ROSE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
VIRGINIA WOLF GILLIAM
|
|
| Name |
Hon. Reemberto Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-06-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-06-19
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2019-05-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-05-30
|
| 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 May 7, 2019, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2019-05-07
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this order, or within said time the court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2019-03-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2018-12-06
|
| 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 December 16, 2018, 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 |
2018-12-05
|
| 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 |
2018-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
SANTOS GONZALEZ
|
|
| Docket Date |
2018-12-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
SANTOS GONZALEZ, VS IN RE: ESTATE OF DONALD ROSE,
|
3D2018-2442
|
2018-12-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-4117
|
Parties
| Name |
SANTOS GONZALEZ, INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
IN RE: ESTATE OF DONALD ROSE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gary S. Glasser
|
|
| Name |
Hon. Yvonne Colodny
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-07-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-07-15
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2019-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of the motion for sanctions pursuant to §57.015 filed by appellee Carlos Menendez, as Successor Personal Representative of the Estate of Donald Rose, deceased, it is ordered that said motion is granted and remanded to the trial court for determination of the amount. EMAS, C.J., and LOGUE and HENDON, JJ., concur.
|
|
| Docket Date |
2019-06-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
IN RE: ESTATE OF DONALD ROSE
|
|
| Docket Date |
2019-05-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-05-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Granted (OG32) ~ ORDERED that appellee Carlos Menendez’s motion to dismiss appeal for lack of standing is granted, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
| Docket Date |
2019-01-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2019-01-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ Amendment to motion to dismiss appeal for lack of standing to correct scrivener's error
|
| On Behalf Of |
IN RE: ESTATE OF DONALD ROSE
|
|
| Docket Date |
2019-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
IN RE: ESTATE OF DONALD ROSE
|
|
| Docket Date |
2019-01-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ for lack of standing
|
| On Behalf Of |
IN RE: ESTATE OF DONALD ROSE
|
|
| Docket Date |
2018-12-05
|
| 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 December 15, 2018, 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 |
2018-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ RELATED CASE: 18-2455
|
| On Behalf Of |
SANTOS GONZALEZ
|
|
| Docket Date |
2018-12-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-12-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
