| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
09-10829 CACE (08)
|
Parties
| Name |
2009 INVESTMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Roberta G. Mandel
|
|
| Name |
2009 INVESTMENT JENKINS LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EARTH ELEMENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PLAZA 3000, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles David Franken, M. DANIEL HUGHES, JONATHAN D. LACK, DET H. JOKS, KEITH A. GASMAN, Kenneth R. Mikos, Jerome R. Schechter
|
|
| Name |
JENKINS & R&S ENTERPRISES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCHERRY D. JENKINS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. DALE ROSS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-08-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES **RESPONSE NOTED - SEE 8/28/15 ORDER**
|
| On Behalf Of |
PLAZA 3000, INC.,
|
|
| Docket Date |
2016-02-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-02-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-01-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-10-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ EIGHT (8) VOLUMES
|
|
| Docket Date |
2015-10-06
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 21, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record-on-appeal has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record-on-appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2015-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's August 12, 2015 motion to dismiss appeal is denied; further, appellants' motion for appellate attorney's fees is denied without prejudice.
|
|
| Docket Date |
2015-08-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
2009 INVESTMENT, LLC
|
|
| Docket Date |
2015-08-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
PLAZA 3000, INC.,
|
|
| Docket Date |
2015-07-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
2009 INVESTMENT, LLC
|
|
| Docket Date |
2015-07-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
PLAZA 3000, INC.,
|
|
| Docket Date |
2015-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's June 29, 2015 motion for extension of time is granted, and appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2015-06-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
PLAZA 3000, INC.,
|
|
| Docket Date |
2015-05-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 22, 2015 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2015-05-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
PLAZA 3000, INC.,
|
|
| Docket Date |
2015-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellants' second motion for leave to file amended initial brief filed April 24, 2015 is hereby granted. Said brief is deemed filed as of the date of the entry of this order.
|
|
| Docket Date |
2015-04-27
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2015-04-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellants' motion filed April 14, 2015, for leave to file amended initial brief is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and Parties, Paragraphs 1 and 2.
|
|
| Docket Date |
2015-04-24
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
2009 INVESTMENT, LLC
|
|
| Docket Date |
2015-04-24
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
2009 INVESTMENT, LLC
|
|
| Docket Date |
2015-04-14
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ **DENIED**
|
| On Behalf Of |
2009 INVESTMENT, LLC
|
|
| Docket Date |
2015-04-14
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ **DENIED**
|
| On Behalf Of |
2009 INVESTMENT, LLC
|
|
| Docket Date |
2015-04-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
2009 INVESTMENT, LLC
|
|
| Docket Date |
2015-02-06
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the clerk's motion filed January 27, 2015, for extension of time, is granted and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended fifteen (15) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b); further, ORDERED that the clerk of the circuit court is cautioned that, in the event that it requires an additional extension, a motion for an extension must be filed on or before the date on which the index was ordered to be served. Failure to do so may result in the imposition of sanctions.
|
|
| Docket Date |
2015-01-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record ~ (GRANTED 2/6/15 - CLERK CAUTIONED)
|
|
| Docket Date |
2014-12-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the clerk's motion for extension of time filed November 25, 2014 is hereby determined to be moot in light of this court's November 25, 2014 order.
|
|
| Docket Date |
2014-11-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA ~ (12/16/14 DETERMIED TO BE MOOT IN LIGHT OF 11/25/14 ORDER)
|
|
| Docket Date |
2014-11-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed November 19, 2014, for extension of time, is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended thirty (30) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-11-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2014-09-18
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that M. Daniel Hughes, Det. H. Joks and Jonathan D. Lack have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-09-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-09-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause 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 appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2014-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2014-09-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
