Monday, September 28, 2020

Partial update on the LUXCOM litigation. Motion for status conference set for Tuesday, Sept 29.

The purpose of this post is to bring readers into the loop of just one of the several LUXCOM cases. I searched the Miami-Dade online court dockets to obtain this information. This update relates to the circuit court case of YACHT CLUB BY LUXCOM, LLC, v. VILLAGE OF PALMETTO BAY, FLORIDA, CASE NO: 2019-11663-CA-01. 

We may know more about after the management and seriousness of this one case after a 10 AM hearing set for this Tuesday, September 29.  The Plaintiff, LUXCOM, is requesting an opportunity to appear before the Court for a status conference. That would required the participation of the attorneys for Palmetto Bay. Among other things, LUXCOM claims that it wishes to discuss and obtain guidance from the Court on the Mandate issued on July 21, 2020 by the District Court of Appeal of the State of Florida for the Third District in Case No. 19-1495. The hearing on the request will be heard before the Honorable Spencer Eig, via Zoom conference call. 

I am curious. This is a 5 minute motion calendar, not a special set, setting aside sufficient time to allow the parties to begin to discuss and work out (or agree on what they disagree upon) the issues of one particular case. Are the two sides talking and trying to reach agreement or will everything take extensive attorney billing time to reach simple procedural understandings? Perhaps there will be no hearing, but instead an agreed order wherein the parties will agree to set a special hearing to get deep into the issues relating to this case that was reopened by the Third District Court of Appeal after it reversed the July 19, 2019, order of Judge Eig that had dismissed the case. Discussion and future proceedings are inevitable. 

I will bring readers into the loop with updates once we see the first steps post appellate court mandate.

THE TOOL BOX:



January 22, 2020, LUXCOM and the Bert J Harris claim against Palmetto Bay: Is the planning letter of November 30, 2018, a "$21 million dollar letter"? Is this a $21 million dollar letter? Luxcom appears to believe so.

January 17, 2020, A medium length primer on Bert J. Harris Act claims. What we can expect (including a timeline). Link to Bert J Harris Act provided.

February 9, 2020, Property analysis - the tool box - trend of development report prepared by the firm of Calvin, Giordano & Associates, Information relevant to the Luxcom Bert J Harris Act claim (part of a series).

January 8, 2020, Miami Today (online version) Palmetto Bay hospital zoning battle in court - Written by Gabriel Poblete on January 7, 2020

There are more than 30 blog articles relating to LUXCOM - CLICK HERE

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