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Home My WebLink AboutExhibit DEXHIBIT "D" IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR IvIIAIVII-DADE COUNTY, FLORIDA. APPELLATE DIVISION CASE NO.: 16-402 AP LOWER COURT CASE NUMBER: UNKNOWN BATTERSEA WOODS, LLC, Petitioner, VS. CITY OF MIAMI, FLORIDA, Respondent. JOHA.NNA & STEWART BROWN, and. RICIIARD & ANNE COTE, Intervenors. J n consideration by the court, Joint Motion to Relixquish Jurisdiction is hereby: { l% Granted L 1 Denied PETEI It is s9ordered this 3 ✓01 JORDAN B ISROW, ESQ. PAUL S F€GG, ESQ. 3,5o E LAS OLAS BLVD, STE i000 FT, LAUDERDALE, FL333o1 Order Grt/Den Ntn, rev. 10/30/200S LOPEZ, mi-N,-SANCHEZ`1` I€NS, and MONICA GORDO, JJ CONCUR 20 DANIEL B ROGERS, ESQ, 201 SOUTH BISCAYNE BLVD, SUItE xGoo MIAMI, FL 33131 LOWELL J KUVIN, ESQ, 17 EAST FLAGLER STREET, STE <23 MIAMI, FL 33131 Filing # 63628494 E-Filed 11 /01 /2017 04:35:41 PM IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 16-402 AP BATTERSEA WOODS, LLC, Petitioner, vs. CITY OF MIAMI, FLORIDA, Respondent, JOHANNA & STEWART BROWN, And RICHARD & ANNE COTE, Intervenors. JOINT MOTION TO RELINQUISH JURISDICTION Petitioner Battersea Woods, LLC ("Battersea"), Respondent the City of Miami, Florida ("City"), and Intervenors Johana & Stewart Brown and Richard & Anne Cote ("Intervenors"), pursuant to Florida Rule of Appellate Procedure 9.300, respectfully move the Court for an Order relinquishing jurisdiction over this matter and remanding it to the City Commission for further consideration of the Plat application that is the subject of this certiorari proceeding. As grounds therefor, the Parties state: -1- 819911 vl CASE NO.: 16-402 AP 1. Battersea owns real property in the City upon which it seeks to construct single-family homes. Battersea requested that the City approve a Plat that subdivided Battersea's property into five parcels for the construction of five single-family homes. Intervenors appeared before the City Commission to oppose the requested Plat. After considering Battersea's application at multiple meetings, the City Commission voted to deny the Plat. 2. Battersea subsequently initiated this proceeding in which it petitions this Court to issue a writ of certiorari quashing the City Commission's decision to deny the Plat. The Court ordered a response, and the City filed a brief in opposition to Battersea's petition. After being granted the right to intervene, the Intervenors also filed a brief in opposition to Battersea's petition. 3. The Court provided notice to the Parties that a three -judge panel will consider Battersea's petition on November 1, 2017 without a public hearing. 4. During the pendency of these proceedings, the Parties have continued to meet and confer to determine if a compromise can be reached to resolve the issues raised in Battersea's petition. The Parties have now reached an agreement in principle on a resolution of the issues at hand. The agreement involves, among other things, allowing Battersea to build four —instead of five —homes on the subject property. 5. To effectuate the Parties' agreement, the City Commission must approve a Plat consistent with the Parties' agreement. -2- 819911v1 CASE NO.: 16-402 AP 6. The Parties therefore respectfully request that this Court relinquish jurisdiction and remand this matter to the City Commission for it to consider and approve the Plat, as modified per the Parties' agreement. 7. The Parties' request that the relinquishment/remand period last for 60 days, which the Parties anticipate will be sufficient for the City Commission to consider and act on this matter. 8. Relinquishing jurisdiction to the City Commission will likely resolve the underlying issues raised by Battersea's petition efficiently, amicably, and without the need for a decision on the petition. 9. Should the City Commission approve the Plat consistent with the Parties' agreement, Battersea will voluntarily dismiss this certiorari proceeding. Should (for some unforeseen reason) the City Commission not approve the Plat consistent with the Parties' agreement, the Parties will so advise this Court and request that the Court take back jurisdiction and proceed with adjudicating the issues raised in Battersea's petition and the City/Intervenors' opposition briefs. WHEREFORE, for the foregoing reasons, the Parties respectfully request that the Court enter an Order relinquishing jurisdiction over this matter for 60 days and remanding it to the City Commission for it to consider and approve a Plat consistent with the Parties' agreed resolution of this matter. -3- 819911 vl Respectfully submitted, By:/s/Paul S. Figg PAUL S. FIGG Florida Bar No. pfigg@bergersingerman.com BERGER SINGERMAN LLP 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale, FL 33301 Tel. (954) 525-9990 Fax (954) 523-2872 Counsel for Petitioner 819911 v1 CASE NO.: 16-402 AP By:/s/Daniel B. Rogers DANIEL B. ROGERS Florida Bar No. 0195634 drogers@shb.com SHOOK, HARDY & BACON L.L.P. 201 South Biscayne Boulevard Suite 3200 Miami, FL 33131-4332 Tel. (305) 358-5171 Fax (305) 358-7470 Counsel for Respondent By:/s/Lowell J. Kuvin LOWELL J. KUVIN Florida Bar No. Lowell @kuvinlaw.com LAW OFFICE OF LOWELL J. KUVIN 17 East Flagler Street Suite 223 Miami, FL 33131 Tel. (305) 358-6800 Fax (305) 358-6808 Counsel for Intervenors -4-