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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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10/07/2009
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NOTICE-DISCRETIONARY JURIS (CERT GPI)
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PT Westgate Miami Beach, Ltd BY: PT Robert P. Frankel 304786
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W/ATTACHMENTS
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10/08/2009
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Filing Fee $300
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2009 - 1011992 Amount: $300
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10/08/2009
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Fee Paid In Full - $300
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12/03/2009
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Petitioner's initial brief on the merits shall be served on or before December 28, 2009; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs.
The Clerk of the Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before February 2, 2010. The record shall include the briefs filed in the district court separately indexed.
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12/09/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Westgate Miami Beach, Ltd BY: PT Robert P. Frankel 304786
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12/11/2009
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including January 27, 2010, in which to serve the initial brief on the merits.
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01/27/2010
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INITIAL BRIEF-MERITS
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PT Westgate Miami Beach, Ltd BY: PT Robert P. Frankel 304786
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O&7 & E-MAIL
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01/27/2010
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APPENDIX
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PT Westgate Miami Beach, Ltd BY: PT Robert P. Frankel 304786
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TO INITIAL BRIEF-MERITS (O&7)
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02/02/2010
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RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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CONSISTING OF 3 VOLUMES OF RECORD & 1 VOLUME CERT.COPIES APPEAL PAPERS
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02/16/2010
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS Newport Operating Corp. BY: RS Franklin Lewis Zemel 816620
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02/16/2010
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including March 15, 2010, in which to serve the answer brief on the merits.
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03/16/2010
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ANSWER BRIEF-MERITS
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RS Newport Operating Corp. BY: RS Franklin Lewis Zemel 816620
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O&7 & E-MAIL
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03/16/2010
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MISC. DOCKET ENTRY
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RS Newport Operating Corp. BY: RS Franklin Lewis Zemel 816620 RESPONDENT'S SUGGESTION OF MOOTNESS (O&7) - (04/16/2010: ADVISED PARTIES W/BE CONSIDERED SUBSEQUENT TO O.A.) [SEE 12/16/2010 ORDER DENYING]
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03/16/2010
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APPENDIX
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RS Newport Operating Corp. BY: RS Franklin Lewis Zemel 816620
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TO RESPONDENT'S SUGGESTION OF MOOTNESS (O&7)
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03/25/2010
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RESPONSE
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PT Westgate Miami Beach, Ltd BY: PT Robert P. Frankel 304786
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TO APPELLEE'S SUGGESTION OF MOOTNESS
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04/05/2010
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REPLY BRIEF-MERITS
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PT Westgate Miami Beach, Ltd BY: PT Robert P. Frankel 304786
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O&7 & E-MAIL (BRIEF EXCEEDS PAGE LIMIT)
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04/06/2010
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's reply brief, which was filed with this Court on April 5, 2010, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before April 26, 2010, to serve an original and seven copies of an amended reply brief which does not exceed fifteen pages in length.
Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
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04/14/2010
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REPLY AMD BRIEF-MERITS
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PT Westgate Miami Beach, Ltd BY: PT Robert P. Frankel 304786
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O&7 & E-MAIL
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05/10/2010
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Tuesday, August 31, 2010.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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05/10/2010
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ORAL ARGUMENT CALENDAR
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08/06/2010
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NOTICE-APPEARANCE
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PT Westgate Miami Beach, Ltd BY: PT Dan R. Stengle
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BY DAN R. STENGLE AS CO-COUNSEL FOR WESTGATE MIAMI BEACH, LTD TO ARGUE (O&7)
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08/31/2010
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ORAL ARGUMENT HELD
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12/16/2010
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ORDER-OTHER SUBSTANTIVE DY
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Respondent's Suggestion of Mootness is hereby denied.
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12/16/2010
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DISP-QUASHED & REMANDED
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For the reasons explained above, we answer the rephrased certified question in the affirmative. We conclude that a final judgment reserving jurisdiction to award prejudgment interest is a final appealable order but that the trial court does not lose jurisdiction to determine prejudgment interest in a manner similar to that in which the trial court addresses attorneys' fees and costs. We quash the decision of the district court and remand this case to the district court with directions to remand to trial court for a calculation and award of prejudgment interest in this case.
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01/07/2011
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MANDATE
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CC: COUNSEL
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01/07/2011
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RECORD/TRANSCRIPT RETURNED
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Mary Cay Blanks BY: Mary Cay Blanks
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3 VOLUMES RECORD
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02/17/2011
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ARCHIVES
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File
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