final until disposition of timely filed motion for rehearing.
Appeal from a non-final order from the Circuit Court for
Miami-Dade County Lower Tribunal No. 11-41471, Eric William
Hachar Law Firm, P.A., and Cody Pellicer and Pierre Hachar,
Jr.; Acosta & Diaz, LLC, and Madeline M. Acosta and
Christina K. Diaz, for appellant.
Richard J. Diaz, P.A., and Richard J. Diaz, for appellee.
LOGUE, SCALES and LUCK, JJ.
defendant below, Michael Fernando Sierra Miranda, appeals the
trial court's post-judgment order denying Miranda's
motion to dissolve a permanent injunction. We affirm because,
under the unique procedural facts of this case, the trial
court did not abuse its discretion by refusing to dissolve
facts are not in dispute. In October 2011, Miranda, a Cuban
national performing artist, entered into an agreement with
appellee, plaintiff below, Pacheco Entertainment Production
Enterprises, Inc. ("Pacheco"). Pursuant to the
agreement, Miranda agreed to engage in no "performance
activity" without the prior written consent of Pacheco.
In return, Pacheco was obligated to pay Miranda for
Miranda's "performance activity, " to arrange
his "performance activity" and to distribute
Miranda's recordings. The agreement defined
"performance activity" as follows:
For purposes of this Agreement, the phrase "Performance
Activity" shall include, without limitation, any use of
Artist's talents and activities throughout the
entertainment industry, including but not limited to live
performance(s), the production of phonograph records,
performances contained on phonograph records and mechanical
or electrical transcriptions, record sales, musical
composition and publishing, television, motion pictures,
internet, radio, stage, concerts, tours, nightclubs, hotels
and personal appearances of all kinds, merchandising and
commercial endorsements, product tie-ins of all types, and
from the sale, lease, license or other disposition of visual,
literary, audio-visual, dramatic and/or musical material or
productions for use in any medium of communication or
entertainment, whether now known or hereafter invented, and
from any and all allied, kindred or other fields of
entertainment or endeavor (including, but not limited to,
cable television, pay-per-view television, internet,
downloads, audio-visual devices, etc.) in which Artist may be
or become professionally engaged.
early December 2011, Pacheco learned that Miranda was going
to be performing live at a Miami club at a Christmas Eve
event not coordinated by Pacheco. Unable to resolve the
matter with Miranda's representative, Pacheco filed a
verified complaint against Miranda in the Miami-Dade circuit
court seeking both temporary and permanent injunctive relief
(in Count I) and damages for breach of contract (in Count
Pacheco also filed an emergency motion to enjoin Miranda from
performing at the local club.
December 19th hearing, the trial court entered a temporary
injunction against Miranda. The trial court's injunction
enjoined Miranda from performing at any entertainment
event-including the Christmas Eve event-without either the
express written consent of Pacheco or further order of the
court. Miranda did not seek rehearing or appeal the trial
court's December 19th temporary injunction order.
January 2012, Miranda filed a motion seeking to dismiss
Pacheco's verified complaint. Miranda's dismissal
motion asserted that the action should be dismissed for lack
of personal jurisdiction; the motion also argued that Pacheco
had failed to join an indispensable party. The trial court
denied the motion.
little took place in the case until almost three years later
when, in March 2015, Pacheco filed a motion in the trial
court seeking to compel Miranda to answer its complaint. The
trial court entered an order in April 2015, directing Miranda
to answer the complaint within twenty days. The trial
court's order warned that if Miranda failed to timely
answer the complaint ...