Filing# E-Filed10/19/ :07:51 PM
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1 Filing# E-Filed10/19/ :07:51 PM RECEIVED, 10/27/ :17 AM, Mary Cay Blanks, Third District Court of Appeal 1733 OVERSEAS HIGHWAY, LLC., Plaintiff, KEYS COUNTRY RESORT, LLC., A Florida limited liability company, OVERSEAS HIGHWAY, LLC., A Florida limited liability company, Defendants. KEYS COUNTRY RESORT, LLC., a Florida limited liability company, OVERSEAS HIGHWAY, LLC., a Florida limited liability company, Added Party Claimants, FLORIDA COMMUNITY BANK, N.A., FCB KEYS COUNTRY, LLC., a Foreign limited liability company, LARRY BENTON, individually, THOMAS WRIGHT, ESQ., Individually, JOSIAS DEWEY, ESQ., individually, and DIANN DIAMOND, individually. Added-Party Defendants. IN THE CIRCUIT COURT OF THE 11 TH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION CASE NO CA 59 NOTICE OF APPEAL OF NON-FINAL ORDER Defendant/Counter-Plaintiffs, KEYS COUNTRY RESORT, LLC., and OVERSEAS HIGHWAY, LLC., by and through their undersigned counsel, hereby appeal to the Third District Court of Appeals, the following order: \\SBS201 l\company Shared Filesbetworkdocs\SEGALL\ IS 9S38 FCB v Keys CotmtryWotices\Nt Appeal 16 lo 19 wpd 1
![Order on Added Party Defendant's Thomas Wright, Esq., [Motion] to Abate entered on September 19, 2016.](/docs-images/89/100001273/images/2-1.jpg "This a non-final order entered and appealable pursuant to Rule 9.130( a )(3)(B), Florida Rules of Appellate Procedure.")
2 Order on Added Party Defendant's Thomas Wright, Esq., [Motion] to Abate entered on September 19, This a non-final order entered and appealable pursuant to Rule 9.130( a )(3)(B), Florida Rules of Appellate Procedure. Alternatively, the Court may treat this as a petition for writ of certiorari. Fla. Dep'tof Agric. & ConsumerServs. Citrus Canker Litig., 20 So. 3d 864, (Fla. 3rdDCA2009). REWJB Gas lnvs. Land O' Sun Realty, 643 So. 2d 1107, (Fla. 4th DCA 1994) citing Klein Royale Group, Ltd., 524 So. 2d 1061, (Fla. 3rd DCA 1988). A true and correct copy of the order being appealed is attached hereto. \\SBS201 l\comp9ny Shared Filca\Detworkdocl\.SEGAIL\ FCB v Keys Countr#loticca\Nt Appeal wpd 2
3 CERTIFICATE OF SERVICE to I HEREBY CERTIFY that a copy hereofhas been filed via the Florida eportal and furnished Myriam K. Louis, Esq., myriam@lwlawfla.com Carlos D. Lerman, Esq., carlos@lwlawfla.com James Saunders III, Esq., jes@saunderslegalstrategies.com Joshua D. Miron, Esq., jmiron@shutts.com ehumaran@shutts.com jlawrence@shutts.com Michael D. Katz, Esq., mdk@katzbarron.com ssm@katzbarron.com H. Eugene Lindsey, III, Esq., hel@katzbarron.com kem@katzbarron.com miaefile@katzbarron.com Kip Schwartz, Esq., kip.schwartz@schwartzassociates-law.com bonnie.coile@schwartzassociates-law.com Blake S. Sando, Esq., blake.sando@csklegal.com Eric Ray, Esq., Eric.Ray@hklaw.com Jose Casal, Esq., Jose.Casal@hklaw.com using electronic notification via the eportal system on this 19th day of October, Isl Scott Alan Orth, Esq. SCOTT ALAN ORTH, ESQ. Florida Bar No Counsel for Def endant/counter-plaintiffs, Keys Country Resort, LLC., and Co-Counsel for Defendant, Overseas Highway, LLC. LAW OFFICES OF SCOTT ALAN ORTH, P.A Sheridan Street, Suite A Hollywood, FL Fax scott@orthlawoffice.com service@orthlawoffice.com (primary) eservicesao@gmail.com (secondary) \\SBS201 l\co~y Shared Filct\:w:tworkdocs\.SEGALL\ FCB v Keys Cowitry\Notices'Nt Appeal ISi wpd 3
4 OVERSEAS HIGHWAY, LLC Plaintiff, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI DADE COUNTY, FLORIDA CIRCUIT CIVIL DIVISION KEYS COUNTRY RESORT, LLC, a Florida limited liability company, CASE NO CA 59 OVERSEAS HIGHWAY, LLC, a Florida limited liability company. Defendants. / KEYS COUNTRY RESORT, LLC, a Florida limited liability company, OVERSEAS HIGHWAY, LLC., a Florida limited liability company, Third-Party Plaintiffs, FLORIDA COMMUNITY BANK, N.A., FCB KEYS COUNTRY, LLC., a Foreign limited liability company, LARRY BENTON, individually, THOMAS WRIGHT, ESQ., individually, JOSIAS DEWEY, ESQ., Individually, and DIANN DIAMOND, individually. Third-Party Defendants '/ ORDER ON ADDED PARTY DEFENDAT'S, THOMAS WRIGHT, ESQ., TO ABATE THIS CAUSE having come before this Court on September 19, 2016, upon Added-Party Defendant's, Thomas Wright, Esq., Motion to Abate, and the Court being advised on the _ ~ I_ /11 no rnt7.?.. _-.,_ ~ ~, premises, it is hereby QJ" ~. LUJC...-. ~ J ~ (A,11 1 ~ -&i1 ~ rwwrd l//d?//k ~ ~1., ovla ala ~ c.jj~ d#m~
5 ~ ONE AND ORDERED in Chambers at Miami, Miami-Dade County, Florida, on this 11!.._ 4'ey of September, C'.c/lti 1 W L\_0\1 Cw-a/ '1 /) D ~.) )::. Scoil' Or~ ~~. ~~ 1ofl1lvl 1,( ~ A('J y ~~ S~ ro &!o ~~$'au--~ CONFORMED COPY SEP \ 9 20\6 JACQUELlNh HWAN :)CvLr CIRCU1T rn1 Tl?T i1!t'"' r.
IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA
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MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS
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Third District Court of Appeal State of Florida
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~/
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