Luxcom litigation update - Palmetto Bay's Motion to Dismissal was denied. Case moves forward.

The Judge rendered her order denying Palmetto Bay's Motion to Dismiss in the case of Yacht Club by Luxcom, LLC v. Village of Palmetto Bay, 2020-023918-CA-01. The hearing was held on March 31, 2022. 

This was a denial of a motion to dismiss.  This is not an adjudication of the entire case; specifically not an award of any damages or other relief to the Plaintiff, Yacht Club by Luxcom, LLC. This denial does mean that this case will be heavily litigated and will require significant work to defend. 

The order is simple - it merely provides that:

1. The Village’s Motion is denied for the reasons stated in open Court as reflected in the transcript from the hearing a copy of which has been separately filed by Luxcom.

2. In accordance with Rule 1.140(a)(3), Fla.R.Civ.P., the Village shall serve its answer within 10 days from the date of this Order.

CLICK HERE to view this simple 2 page order.

I am looking for the transcript from the hearing a copy of which is stated to have been separately filed by Luxcom. This item is not yet visible on the public docket. I will update this post when that item becomes available. 

Next step - attorneys for the Village have 10 days from April 18, 2022, to prepare and file the answer. This will be a comprehensive document; it will not be a short form.

Other significant litigation pending (there are others cases filed that are not currently significant in my opinion):

17777 OLD CUTLER ROAD, LLC, VS VILLAGE OF PALMETTO BAY
Local case number: 2022-006141-CA-01 
Filed April 1, 2022

17777 OLD CUTLER ROAD, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA ET AL
Local case number: 2022-000012-AP-01
Filed April 1, 2022

VILLAGE OF PALMETTO BAY ET AL VS MIAMI-DADE COUNTY, FLORIDA
Local case number: 2022-003627-CA-01
Filed February 25, 2022

AMADO RODRIGUEZ ET AL VS VILLAGE OF PALMETTO BAY
Local case number: 2022-000305-CA-01
Filed January 6, 2022

YACHT CLUB BY LUXCOM, LLC VS VILLAGE OF PALMETTO BAY, FLORIDA (this case)
Local case number: 2020-023918-CA-01
Filed November 5, 2022

VILLAGE OF PALMETTO BAY, FLORIDA VS MIAMI-DADE COUNTY
Local case number: 2019-031036-CA-01
Filed October 18, 2019