| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015630
|
Parties
| Name |
HILLSBORO INLET INVESTMENTS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Zachary Paul Hyman
|
|
| Name |
William B. Swaim
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FLORIDA REALTY SALES, INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
William J Pfaffenberger
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HILLSBORO BEACH CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HILLSBORO REALTY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kenneth Charles
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
George Stephen LeMieux, Luna Ergas Phillips, Lauren A. Marcil
|
|
| Name |
Lisa Charles
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
George Stephen LeMieux, Luna Ergas Phillips, Lauren A. Marcil
|
|
| Name |
John Radtke
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Chantal J Bagwell
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Linda Nudelman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
1904 BAY DRIVE LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OB3691836 LP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCAP.FL 12 LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Victor Stephen Cohen, John Joseph Agliano
|
|
| Name |
HIllsboro Shores Improvement Assoc. Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alicia Gonzalez, Laura Keats Wendell
|
|
| Name |
Hon. Jack Ben Tuter, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hillsboro Beach Development Company
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alicia Gonzalez, Beth Anne Cronin, Bryan Christopher Siddique, Carrie Stolzer Robinson, Daniel Lawrence Abbott, David Nathan Tolces, Gary A Woodfield, George Stephen LeMieux, Gregory Alan McAloon, Harvey Lewis Rubinchik, Jennifer Helmy Wahba, John Joseph Agliano, John W Salmon, Kyle Francis McCabe, Lauren A. Marcil, Luna Ergas Phillips, Michele A Cavallaro, Nicholas Meros, Noah Temple Sjostrom, Ricardo Alberto Reyes, Richard A. Sherman, Jr., Robert Chase Meacham, Ryan H Lehrer, Timothy Leeds Newhall, Victor Stephen Cohen, Zane William Katz
|
|
Docket Entries
| Docket Date |
2024-04-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Motions to Dismiss Appeal
|
| On Behalf Of |
Hillsboro Inlet Investments, LLC
|
|
| Docket Date |
2024-04-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Appellees' Motion For Attorney's Fees
|
|
| Docket Date |
2024-05-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal pages 1-11,652
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-05-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that, upon consideration of appellant's April 26, 2024 response, appellees' March 28, 2024 amended motion to dismiss, April 10, 2024 amended motion to dismiss, and April 15, 2024 motion to dismiss are granted. See Mohler v. Elliott, 332 So. 3d 1120, 1121 (Fla. 2d DCA 2022) ("The issue of damages. . . . remains in dispute; therefore, the order does not "dispose[ ] of a separate and distinct cause of action that is not interdependent with other pleaded claims.") (quoting Fla. R. App. P. 9.110(k)); Marina Bay Hotel & Club, Inc. v. McCallum, 733 So. 2d 1133, 1134 (Fla. 4th DCA 1999) ("Our mandate from the Florida Supreme Court is to narrowly interpret rule 9.130, which allows non-final appeals, so as to "restrict the number of appealable non-final orders.") (quoting Travelers Ins. Co. v. Bruns, 443 So. 2d 959, 961 (Fla. 1984)). It is further ORDERED that the April 24, 2024 motion for appellate attorney's fees is denied.
|
| View |
View File
|
|
| Docket Date |
2024-05-20
|
| Type |
Order
|
| Subtype |
Order for Party to File Status Report on Record
|
| Description |
Upon consideration of the notice of inability to transmit the record filed by the clerk of the lower tribunal on May 10, 2024, it is ORDERED that Appellants shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
| View |
View File
|
|
| Docket Date |
2024-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Transmit the Record
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-04-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
CORRECTED RESPONSE IN OPPOSITION TO MOTIONS TO DISMISS APPEAL
|
|
| Docket Date |
2024-04-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellants' April 25, 2024 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
| View |
View File
|
|
| Docket Date |
2024-04-15
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion to Dismiss
|
| On Behalf Of |
HIllsboro Shores Improvement Assoc. Inc.
|
|
| Docket Date |
2024-04-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-04-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HIllsboro Shores Improvement Assoc. Inc.
|
|
| Docket Date |
2024-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Parcels 1 and 4 Intervenors Notice of Joinder in Bay Drive Homeowners' Amended Motion to Dismiss and SCAP. FL 12 LLC's Second Amended Motion to Dismiss
|
|
| Docket Date |
2024-04-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Amended Motion To Dismiss
|
|
| Docket Date |
2024-03-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Bay Drive Homeowners Amended Motion To Dismiss
|
|
| Docket Date |
2024-03-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-03-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-03-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-03-08
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Notice Joinder Fee-295
|
| Description |
Paid Notice Joinder Fee-295
|
| On Behalf Of |
Hillsboro Inlet Investments, LLC
|
| View |
View File
|
|
| Docket Date |
2024-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-02-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-02-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellants are directed to respond, within five (5) days from the date of this order, to Appellee SCAP.FL 12 LLC's April 10, 2024 second amended motion to dismiss appeal.
|
| View |
View File
|
|
| Docket Date |
2024-04-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that SCAP. FL 12, LLC's March 28, 2024 motion to dismiss and amended motion to dismiss are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service do not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
| View |
View File
|
|
| Docket Date |
2024-03-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that the February 28, 2024 amended notice of appeal is treated as a notice of joinder for realignment, as appellants were excluded from the February 22, 2024 notice of appeal, and the time for the excluded appellants to file a separate notice of appeal expired on February 22, 2024. See Fla. R. App. P. 9.110(b). The case caption shall be amended as follows: Hillsboro Inlet Investments, LLC, William B. Swaim, Florida Realty Sales, Inc., and William J. Pfaffenberger, Appellants v. Hillsboro Beach Development Company, et al., Appellees. Further, The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.
ORDERED, appellants shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of the cross-appeal and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of joinder has a duty to tender the filing fee to the appellate court. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.
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| View |
View File
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