Sentencia Doral News Marzo 29 2016

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on, or otherwise do anything to oppose Defendants/Counter-Plaintiffs/Third

Party Plaintiffs Motion for Partial Summary Judgment. In support of said

motion, attorney Diaz-Cueto submitted his affidavit, as well as that of an

assistant, stating merely that the hearing was not calendared. No reason or

excuse was given.

This Court is well aware that adjudication of cases on their merits is

favored, and that applicable rules should be liberally construed in order to

reach an adjudication on the merits. For that reason, and that reason alone,

this Court will grant the instant motion. However, the Court is extremely

troubled by what appears to be a pattern of failing to appear, delay tactics,

gamesmanship, and otherwise unprofessional conduct by attorney Diaz-

Cueto, resulting in wasted time and attorneys fees. See Defendants/Counter-

Plaintiffs Carlos Herradez and Andreina Campis’ s Memorandum in

Opposition to Amended Verified Motion for Rehearing and to Vacate and

Set Aside Partial Summary Judgment. Accordingly, it is hereupon

ORDERED and ADJUDGED that said motion is GRANTED. The

Partial Summary Judgment as to Counts I, V, VII and X of the

Counterclaim/Third Party Complaint is vacated and set aside. Upon

appropriate motion the Court will consider imposing sanctions and/or

requiring Plaintiff/Counter-Defendants and/or their attorney Jorge Diaz-


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Cueto, Esq., Florida Bar Number 143367 , to pay attorneys fees or

otherwise compensate Defendants/Counter-Plainitffs/Third Party Plaintiffs

for expenses and/or fees incurred as a result of the conduct referred to above.

DONE AND ORDERED in Chambers at Miami-Dade County, Florida, on

03/29/16.

___________________________

__ROSA I. RODRIGUEZCIRCUIT COURT JUDGE

No Further Judicial Action Required on THIS

MOTION

CLERK TO RECLOSE CASE IF POST

JUDGMENT

The parties served with this Order are indicated in the accompanying 11th Circuitemail confirmation which includes all emails provided by the submitter. Themovant shall IMMEDIATELY serve a true and correct copy of this Order, by mail,

facsimile, email or hand-delivery, to all parties/counsel of record for whomservice is not indicated by the accompanying 11th Circuit confirmation, and fileproof of service with the Clerk of Court.

Signed original order sent electronically to the Clerk of Courts for filing in theCourt file.

Case No.: 2015-13518 CA-01


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DONE AND ORDERED in Chambers, at Miami-Dade County,

Florida, on this ___ day of _____________, 2016.

__________________________

CIRCUIT COURT JUDGE

cc: Jorge C. Borron, Esq., [email protected];

[email protected]; [email protected]

Michael I. Feldman, Esq., [email protected]; [email protected]

Jorge Diaz-Cueto, Esq., [email protected];

[email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]

Sentencia Doral News Marzo 29 2016

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