|
CARLTON FIELDS, P. A., ET AL. VS DANIEL STERMER
|
2D2023-0046
|
2023-01-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-007420
|
Parties
| Name |
MARTY J. SOLOMON, ESQ.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NATHANIEL L. DOLINER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARLTON FIELDS, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DENNIS PARKER WAGGONER, ESQ., JOSHUA WEBB, ESQ.
|
|
| Name |
CHRISTOPHER W. SMART, ESQ.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WILLIAM G. GILTINAN, ESQ.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DANIEL STERMER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Chance Lyman, Esq., DAMIEN H. PROSSER, ESQ., KEITH W. MEEHAN, ESQ., JOHN EMMANUEL, ESQ.
|
|
| Name |
HON. REX MARTIN BARBAS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-09
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC nonfinal, nonappealable civil ~ Appellant's notice of appeal states in part that review is sought for a December 5, 2022, order "denying Defendants' motions for sanctions against Plaintiff and Plaintiff's counsel for violation of Section 57.105, Florida Statutes." But the attached order states in part that "Defendants' pending motions for sanctions under Section 57.105, Florida Statutes, will proceed to an evidentiary hearing . . . ." It appears that judicial labor has not ended. Appellant shall show cause within fifteen days why this appeal should not be dismissed as from a nonfinal, nonappealable order.
|
|
| Docket Date |
2023-01-25
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-01-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ The parties' joint stipulation for dismissal filed January 24, 2023, is treated as a notice of voluntary dismissal and is granted. This appeal is dismissed.
|
|
| Docket Date |
2023-01-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-01-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ STIPULATION FOR DISMISSAL
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
| Docket Date |
2023-01-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
deny motion until fee satisfied ~ “Appellants’ unopposed motion for extension of time for response to order toshow cause” is denied without prejudice to resubmit it following satisfaction of thiscourt's fee order of January 6, 2023.
|
|
| Docket Date |
2023-01-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
| Docket Date |
2023-01-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2023-01-10
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service ~ NOTICE OF FILING AMENDED CERTIFICATE OF SERVICE
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses ~ The notice of appeal that initiated this proceeding does not provide mailing addresses for those served with the notice. Appellant shall within five days submit an amended certificate of service that lists current mailing addresses for all entities served with the notice of appeal.
|
|
| Docket Date |
2023-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ DUPLICATE
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
| Docket Date |
2023-01-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-01-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
| Docket Date |
2023-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
|
|
BOYES, FARINA & MATWICZYK, P.A. VS JONATHAN S. JENNINGS, etc., et al.
|
4D2022-2456
|
2022-09-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA005664
|
Parties
| Name |
Boyes, Farina & Matwiczyk, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Farina, Stuart P. Schneider, Barry A. Postman
|
|
| Name |
John R. Hart
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jonathan S. Jennings
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ceil Randell, John L. Dicks II, David P. Ackerman, Paul Joseph McMahon, Peter J. Forman, Kristen Marie Fiore
|
|
| Name |
Estate of Milton S. Jennings
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mary Susan Jennings Livingston
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Joseph McMahon, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CARLTON FIELDS, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
First Restatement of the Milton S. Jennings Trust
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jaimie Goodman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (3769 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Boyes, Farina & Matwiczyk, P.A.
|
|
| Docket Date |
2023-02-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-02-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the February 14, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-02-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Boyes, Farina & Matwiczyk, P.A.
|
|
| Docket Date |
2023-01-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 2/15/23.
|
|
| Docket Date |
2023-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Boyes, Farina & Matwiczyk, P.A.
|
|
| Docket Date |
2022-10-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 1/16/23.
|
|
| Docket Date |
2022-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEES' JOINT RESPONSE TO STATEMENT REGARDING JURISDICTION
|
| On Behalf Of |
Jonathan S. Jennings
|
|
| Docket Date |
2022-09-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Jonathan S. Jennings
|
|
| Docket Date |
2022-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Jonathan S. Jennings
|
|
| Docket Date |
2022-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Jonathan S. Jennings
|
|
| Docket Date |
2022-09-19
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Boyes, Farina & Matwiczyk, P.A.
|
|
| Docket Date |
2022-09-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Boyes, Farina & Matwiczyk, P.A.
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Jonathan S. Jennings
|
|
| Docket Date |
2022-09-07
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of 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 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. 4th DCA 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-09-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Boyes, Farina & Matwiczyk, P.A.
|
|
| Docket Date |
2022-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Boyes, Farina & Matwiczyk, P.A.
|
|
| Docket Date |
2022-09-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant, Boyes, Farina & Matwiczyk, P.A.’s September 19, 2022 jurisdictional brief, appellees John R. Hart, Esq. and Carlton Fields, P.A.’s September 28, 2022 response, and appellees Paul Joseph McMahon, P.A., Paul J. McMahon, Esq., and Jonathan S. Jennings’ September 30, 2022 response, this appeal shall proceed. See Fla. R. App. P. 9.110(k); see also 4040 IBIS Circle, LLC v. JPMorgan Chase Bank, 193 So. 3d 957, 960 (Fla. 4th DCA 2016).
|
|
| Docket Date |
2022-09-12
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the portion of the August 26, 2022 order dismissing appellant's counterclaim is appealable, as it appears appellees' complaint is still pending in the underlying action. See Fla. R. App. P. 9.110(k) ("A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims."); SPS Dev. Co. v. DS Enters. of Palm Beaches, Inc., 970 So. 2d 495, 497 (Fla. 4th DCA 2007) ("An order dismissing a counterclaim is not a non-final, appealable order under rule 9.130."); Cohen, Scherer & Cohen, P.A. v. Pac. Emps. Ins. Co., 654 So. 2d 282 (Fla. 4th DCA 1995). Further,Appellee may file a response within ten (10) days of service of that statement.
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|
DANIEL STERMER, AS CREDITOR TRUSTEE FOR ATIF, INC. VS CARLTON FIELDS, P. A., F/K/A CARLTON FIELDS JORDEN BURT, P. A., ET AL
|
2D2020-3532
|
2020-12-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-007420
|
Parties
| Name |
DANIEL STERMER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DAMIEN H. PROSSER, ESQ., KEITH W. MEEHAN, ESQ., JESSICA L. THORSON, ESQ.
|
|
| Name |
CARLTON FIELDS, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
TORI SIMMONS, ESQ., JOSHUA WEBB, ESQ., DENNIS PARKER WAGGONER, ESQ.
|
|
| Name |
MARTY J. SOLOMON, ESQ.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTOPHER W. SMART, ESQ.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM G. GILTINAN, ESQ.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATHANIEL L. DOLINER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. REX MARTIN BARBAS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-01-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellees' motion for attorneys' fees filed pursuant to Florida Rules of Appellate Procedure 9.300 and 9.400, section 768.79, Florida Statutes (2019), and Florida Rule of Civil Procedure 1.442 is provisionally granted. If, on remand, appellees establish entitlement to attorneys' fees in compliance with section 768.79 and rule 1.442, the trial court is authorized to award reasonable appellate attorneys' fees.
|
|
| Docket Date |
2021-12-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-12-02
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2021-10-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on THURSDAY, DECEMBER 02, 2021, at 9:30 A.M., before: Judge Edward C. LaRose, Judge Anthony K. Black, Judge Andrea T. Smith. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2021-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Appellant's unopposed motion to strike original reply brief is granted. The reply brief is stricken. The amended reply brief is accepted as filed.
|
|
| Docket Date |
2021-09-21
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant Reply Brief
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion To File Enlarged Brief
|
| Description |
Order Denying Enlarged Brief ~ Appellants' unopposed amended motion to expand word count limit for amended reply brief is denied.
|
|
| Docket Date |
2021-09-02
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief ~ AMENDED
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion To File Enlarged Brief
|
| Description |
Order Denying Enlarged Brief ~ The motion for leave to file an enlarged reply brief is denied without prejudice to filing an amended motion that describes the proposed length of the reply brief by word count. See Fla. R. App. P. 9.210(a)(2).
|
|
| Docket Date |
2021-08-31
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-08-26
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Appellees' unopposed motion to strike original answer brief is granted, and appellees' answer brief filed on May 19, 2021, is hereby stricken. Appellees amended answer brief filed on August 25, 2021, is accepted.
|
|
| Docket Date |
2021-08-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
| Docket Date |
2021-08-25
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee Answer Brief
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
| Docket Date |
2021-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Brief-12c ~ As the Florida Rules of Appellate Procedure do not authorize a sur-reply brief, Appellees’ motion for leave to file a supplemental brief is treated as a motion to amend the answer brief and is granted. Appellees shall serve an amended answer brief within twenty days of the date of this order. The amended answer brief must be accompanied by a motion to strike the original answer brief. This order is without prejudice to Appellant to file a motion to amend the reply brief following service of the amended answer brief.
|
|
| Docket Date |
2021-08-05
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Supplemental Brief
|
| Description |
Motion To File Supplemental Brief ~ **Treated as a motion to amend the answer brief-SEE 8/11/21 order**
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
| Docket Date |
2021-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ Within five days from the date of this order, an amended request for oral argument may be filed if a party requests that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. An amended request for oral argument must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to an amended request must file a response within five days after service of the amended request.
|
|
| Docket Date |
2021-08-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief ~ STRICKEN-SEE 9/22/21 ORDER.
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEES'MOTION FOR AWARD OF APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-08-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellant’s motion for extension of time is granted. Appellant may serve a response to Appellee's motion for award of appellate attorney's fees by August 2, 2021.
|
|
| Docket Date |
2021-06-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ APPELLANT'S MOTION FOR EXTENSION OF TIMETO FILE RESPONSE TO APPELLEES' MOTIONFOR AWARD OF APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-06-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE REPLY BRIEF//45 - RB DUE 8/2/21
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-05-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
| Docket Date |
2021-05-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
| Docket Date |
2021-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 5/19/21
|
| On Behalf Of |
CARLTON FIELDS, P. A.
|
|
| Docket Date |
2021-03-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-02-23
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL **CONFIDENTIAL** 108 PAGES
|
|
| Docket Date |
2021-02-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 5 PAGES
|
|
| Docket Date |
2021-02-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ The appellant's motion to motion to supplement the record under seal is granted. The appellant shall make arrangements within 3 days with the clerk of circuit court for the supplementation of the record with the items mentioned in the motion. The supplemental record shall be filed in this court within 25 days from the date of this order. Those records that are under shall seal shall be transmitted under seal to this court and to the attorneys for the parties. See Fla. R. Jud. Admin. 2.420(g)(8). Only the parties and their counsel, the judges of the court, the staff of the judges to which this case is assigned, and as necessary the court's clerical staff may view the materials transmitted under seal. The attorneys and their offices shall maintain the confidentiality of the sealed records. Cf. Fla. R. Jud. Admin. 2.420(j)(4)-(6).
|
|
| Docket Date |
2021-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 3/19/21
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-02-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record ~ MOTION TO SUPPLEMENT THE RECORD ON APPEAL UNDER SEAL
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2021-01-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BARBAS - REDACTED - 1456 PAGES
|
|
| Docket Date |
2020-12-11
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ AMENDED CERTIFICATE OF SERVICE
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2020-12-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2020-12-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
DANIEL STERMER
|
|
| Docket Date |
2020-12-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
ZEEV VINIK and JANY VINIK VS WELLS FARGO BANK, CARLTON FIELDS, P.A. and ALDRIDGE PITE, LLP
|
4D2019-2975
|
2019-09-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 19-10160
|
Parties
| Name |
JANY VINIK
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Zeev Vinik
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Aldridge Pite, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CARLTON FIELDS, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wells Fargo Bank
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dean A. Morande, Jennifer Travieso, Zachary Ullman, Michael K. Winston, Jonathan Jacobson, Naomi M. Berry
|
|
| Name |
Hon. Susan Lebow
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF PLEADING FILED IN SUPREME COURT
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2020-09-02
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC20-644
|
|
| Docket Date |
2020-07-30
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC20-644
|
|
| Docket Date |
2020-05-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2020-05-14
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2020-05-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-05-06
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC20-644 DISMISSED
|
|
| Docket Date |
2020-05-05
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2020-05-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2020-04-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant’s April 27, 2020 “motion to inform” is stricken as unauthorized.
|
|
| Docket Date |
2020-04-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ ***STRICKEN AS UNAUTHORIZED***
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2020-04-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-04-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ April 16, 2020 “motion for rehearing in front of a panel and a written opinion” is denied.
|
|
| Docket Date |
2020-04-21
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ ***STRICKEN AS UNAUTHORIZED***
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2020-04-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellants' April 21, 2020 “answer to opposition for rehearing” is stricken as unauthorized.
|
|
| Docket Date |
2020-04-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
Wells Fargo Bank
|
|
| Docket Date |
2020-04-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ *AND* FOR WRITTEN OPINION
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2020-04-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-03-02
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellants’ February 28, 2020 “motion for rescheduling a hearing in front of a panel motion to submit new evidence of fraudulent enter by Wells Fargo Bank” is denied.
|
|
| Docket Date |
2020-02-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that appellants’ February 3, 2020 motion to relinquish jurisdiction is denied.
|
|
| Docket Date |
2020-02-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO RELINQUISH
|
| On Behalf Of |
Wells Fargo Bank
|
|
| Docket Date |
2020-02-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2020-01-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2020-01-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ( ALDRIDGE PITE, LLP)
|
| On Behalf Of |
Wells Fargo Bank
|
|
| Docket Date |
2019-12-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2019-12-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (WELLS FARGO BANK, N.A. and CARLTON FIELDS, P.A.)
|
| On Behalf Of |
Wells Fargo Bank
|
|
| Docket Date |
2019-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ November 25, 2019 and November 26, 2019 motions for extension of time are granted, and appellees shall serve the answer briefs within thirty (30) days from the date of this order. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2019-12-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2019-11-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (WELLS FARGO BANK, CARLTON FIELDS, P.A.)
|
| On Behalf Of |
Wells Fargo Bank
|
|
| Docket Date |
2019-11-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ ( ALDRIDGE PITE, LLP)
|
| On Behalf Of |
Wells Fargo Bank
|
|
| Docket Date |
2019-11-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 221 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-11-04
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2019-11-04
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2019-11-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ ***AMENDED**
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2019-10-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2019-10-25
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order to file Amended NOA ~ The Court has received the Notice of Appeal filed by appellant in the above-styled case. The notice is not in conformance with the Florida Rules of Appellate Procedure.ORDERED that within ten (10) days from the date of this order, appellant shall file in this court an amended Notice of Appeal to reflect
|
|
| Docket Date |
2019-10-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ PS ZEEV VINIK
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2019-10-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2019-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Wells Fargo Bank
|
|
| Docket Date |
2019-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Wells Fargo Bank
|
|
| Docket Date |
2019-09-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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. 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 this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2019-09-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Zeev Vinik
|
|
| Docket Date |
2019-09-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
