| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562009CA005380
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562014CA001484
|
Parties
| Name |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jason Slater, Thomas W. Tierney, Roger Levine, Amy D. Shield
|
|
| Name |
DANIEL J. GOOCH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Gerald J. Concannon
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIVERSIDE MARINA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HERITAGE MARINE SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IRIS L. CONCANNON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Timothy G. Concannon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Elaine Johnson James, AMAR WILLIAMS, Fred L. Kretschmer
|
|
| Name |
Sally Gooch
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF.
|
| On Behalf Of |
Timothy G. Concannon
|
|
| Docket Date |
2018-01-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF.
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2018-01-16
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2018-05-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-05-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that appellant's April 25, 2018 "motion for clarification of court's April 2, 2018" order is granted. The April 2, 2018 order issued in related case number 4D17-3311 also applied to case number 4D18-0052. The instant appeal is dismissed.MAY, CIKLIN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-04-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2018-02-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (COPY OF SUPPLEMENTAL JURISDICTIONAL BRIEF PER 2/6/18 ORDER)
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2018-02-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of the parties' responses to this court's January 5, 2018 jurisdictional order, appellant is ORDERED to file a supplemental jurisdictional brief in case number 17-3311 (with a copy to be filed in the instant case, 4D18-52), clearly listing each and every claim, counterclaim, or third party claim, identifying the resolution of each claim and the order by which it was resolved, and explaining whether any or all of the claims are related or distinct such that case number 4D17-3311 and 4D18-52 can proceed. See Mendez v. West Flagler Family Ass'n., 303 So. 2d 1 (Fla. 1974); Wichmann v. Conrad & Scherer, LLP, 4D16-2864 (Fla. 4th DCA Jan. 10, 2018). Appellee may file a reply within ten (10) days from appellant's response. Appellant is reminded that it has the duty to satisfy this court of its jurisdiction, and the jurisdictional briefing should not be used merely to raise the question of whether this court has jurisdiction.
|
|
| Docket Date |
2018-01-31
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Timothy G. Concannon
|
|
| Docket Date |
2018-01-05
|
| 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 whether the order totally disposes of Heritage Enterprises as a party to the entire case (as both defendant and counter-plaintiff) or whether the order merely disposes of Heritage’s counterclaims; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2018-01-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-01-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562014CA001484
|
Parties
| Name |
RIVERSIDE MARINA, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Richard D. Sneed, Jr.
|
|
| Name |
MVC MARINA PROPERTIES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Thomas W. Tierney
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-08-15
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-08-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that Riverside Marina, Inc¿s July 6, 2016 petition for writ of certiorari is dismissed for failure to demonstrate irreparable harm. Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 1996). TAYLOR, DAMOORGIAN and CONNER, JJ., concur.
|
|
| Docket Date |
2016-07-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AMENDED CERT. OF SERVICE FOR APPENDIX TO PETITION
|
| On Behalf Of |
RIVERSIDE MARINA, INC.
|
|
| Docket Date |
2016-07-07
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
RIVERSIDE MARINA, INC.
|
|
| Docket Date |
2016-07-06
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
RIVERSIDE MARINA, INC.
|
|
| Docket Date |
2016-07-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2016-07-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-07-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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