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IN THE CIRCUIT COURT, IN AND FOR MIAMI-DADE

COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 2015-13518 CA-27
DORAL CAPITAL NEWSPAPER
CORPORATION, a Florida corporation,
et al.,
Plaintiffs/Counter-Defendants,
Vs.
CARLOS HERRADEZ, individually and
ADREINA CAMPIS, individually,
Defendants/Counter-Plaintiffs
__________________________________/
ORDER VACATING PARTIAL SUMMRY JUDGMENT
THIS CAUSE came to be heard on March 29, 2016, upon
Plaintiff/Counter-Defendants Amended Verified Motion for Rehearing and
to Vacate and Set Aside Partial Summary Judgment Counts I, V, VII and X
of the Counterclaim/Third Party Complaint, and upon argument of counsel
and otherwise being advised in the premises, finds as follows.
Plaintiff/Counter-Defendants filed their Amended Verified Motion for
Rehearing and to Vacate and Set Aside Partial Summary Judgment Counts I,
V, VII and X of the Counterclaim/Third Party Complaint, after their attorney
Jorge Diaz-Cueto, Florida Bar Number 143367, failed to attend the hearing

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 DiazCueto, resulting in wasted time and attorneys fees. See Defendants/CounterPlaintiffs Carlos Herradez and Andreina Campiss 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-

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. RODRIGUEZ
CIRCUIT 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 Circuit
email confirmation which includes all emails provided by the submitter. The
movant 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 whom
service is not indicated by the accompanying 11th Circuit confirmation, and file
proof of service with the Clerk of Court.
Signed original order sent electronically to the Clerk of Courts for filing in the
Court file.

Case No.: 2015-13518 CA-01

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


Florida, on this ___ day of _____________, 2016.

__________________________
CIRCUIT COURT JUDGE
cc: Jorge C. Borron, Esq., Jorge@jcborronlaw.com;
Ileana@jcborronlaw.com; Audrey@jcborronlaw.com
Michael I. Feldman, Esq., mif@khllaw.com; eservicemia@khllaw.com
Jorge Diaz-Cueto, Esq., jorgediazcueto@bellsouth.net;
l.scaparone@yahoo.com