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WILLIAM F. MURPHY, Appellant(s) v. ISLE OF PARADISE "B", INC. and DARIA DEMARINIS, Appellee(s).
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4D2024-0270
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2024-01-31
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Closed
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|
| Classification |
Original Proceedings - County Civil - Prohibition
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE21-018498
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Parties
| Name |
William F Murphy, III
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
Daria Demarinis
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| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Giuseppina Miranda
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Broward Clerk
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ISLE OF PARADISE "B", INC.
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| Role |
Respondent
|
| Status |
Active
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| Representations |
Craig Minko, Michael John Lascelle, W. Taylor Loe, Jenna Marie Updike, Michael A Rosenberg, Natalia Morales
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Docket Entries
| Docket Date |
2024-04-25
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
ORDERED that the March 15, 2024 petition for writ of prohibition is denied.
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| View |
View File
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| Docket Date |
2024-03-15
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| Type |
Petition
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| Subtype |
Petition Prohibition
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| Description |
Petition for Writ of Prohibition
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| On Behalf Of |
William F Murphy, III
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|
| Docket Date |
2024-03-15
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
William F Murphy, III
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|
| Docket Date |
2024-03-01
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
Order on Motion for Extension of Time
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| View |
View File
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|
| Docket Date |
2024-02-27
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
MOTION FOR ORDER GRANTING EXTENSION OF TIME TO FILE PETITION FOR WRIT OF PROHIBITION
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|
| Docket Date |
2024-02-23
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Filing
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| View |
View File
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| Docket Date |
2024-02-22
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
MOTION FOR ORDER GRANTING EXTENSION OF TIME TO FILE PETITION FOR WRIT OF PROHIBITION
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|
| Docket Date |
2024-02-12
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Isle of Paradise "B", Inc.
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|
| Docket Date |
2024-02-06
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
William F Murphy, III
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| View |
View File
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| Docket Date |
2024-02-06
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Certificate of Service
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| On Behalf Of |
William F Murphy, III
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|
| Docket Date |
2024-01-31
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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|
| Docket Date |
2024-01-31
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
Civil Cover Sheet
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|
| Docket Date |
2024-01-31
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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|
| Docket Date |
2024-01-31
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
Order on Filing Fee
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| View |
View File
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ISLE OF PARADISE "B", INC. and DARIA DEMARINIS VS WILLIAM F. MURPHY
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4D2022-0554
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2022-02-23
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Closed
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|
| Classification |
Original Proceedings - County Civil - Certiorari
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE21-018498
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Parties
| Name |
Daria Demarinis
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
ISLE OF PARADISE "B", INC.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Michael A. Rosenberg, Adrianna Christine de la Cruz-Munoz
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|
| Name |
William F. Murphy
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Hon. Mardi Levey Cohen
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-04-04
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the February 23, 2022 petition for writ of certiorari is denied.MAY, KLINGENSMITH and KUNTZ, JJ., concur.
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| Docket Date |
2022-04-04
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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| Docket Date |
2022-02-24
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgment letter
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| Docket Date |
2022-02-23
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| Docket Date |
2022-02-23
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| Docket Date |
2022-02-23
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
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| On Behalf Of |
Isle of Paradise "B", Inc.
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MICHELLE GERBINO VS ISLE OF PARADISE B, INC.
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4D2019-0411
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2019-02-12
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
11-001970 (09)
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Parties
| Name |
MICHELLE GERBINO
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| Role |
Appellant
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| Status |
Active
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| Representations |
Robin Felicity Hazel
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| Name |
ISLE OF PARADISE "B", INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Thomas Lee Hunker, Michael A. Rosenberg, Ryan M. Charlson
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|
| Name |
Hon. Jeffrey R. Levenson
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2019-02-13
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
MICHELLE GERBINO
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| Docket Date |
2019-02-12
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
MICHELLE GERBINO
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| Docket Date |
2019-02-12
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2019-07-02
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
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| Docket Date |
2019-07-02
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2019-07-01
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal ~ STIPULATION OF DISMISSAL
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| On Behalf Of |
MICHELLE GERBINO
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| Docket Date |
2019-06-26
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief 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 initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2019-05-21
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 667 PAGES (PAGES 1-647)
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2019-05-14
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| Type |
Misc. Events
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| Subtype |
Affidavit
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| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2019-04-18
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 06/18/19
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| Docket Date |
2019-04-18
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
MICHELLE GERBINO
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| Docket Date |
2019-02-28
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
ISLE OF PARADISE B, INC.
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| Docket Date |
2019-02-13
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2019-02-13
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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 that 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 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 circuit court clerk's determination of indigent status is filed.
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ISLE OF PARADISE B, INC., ET AL. VS MICHELE GERBINO
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SC2015-2354
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2015-12-23
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Closed
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| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
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| Court |
Supreme Court of Florida
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062011CA001970AXXXCE
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D15-2869
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Parties
| Name |
GUS NASIELL
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| Role |
Petitioner
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| Status |
Active
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| Representations |
RICHARD PAUL BIRKENWALD
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| Name |
ISLE OF PARADISE "B", INC.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
DENNIS S. LEFKOWITZ
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|
| Name |
KASEY MCCLUNG
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| Role |
Petitioner
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| Status |
Active
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| Name |
KEVIN MCCLUNG
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
ANTHONY C. VITALE
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
MICHELE GERBINO
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| Role |
Respondent
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| Status |
Active
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| Representations |
LORENZO JACKSON, JR., Robin F. Hazel
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|
| Name |
Hon. HOWARD FORMAN
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
| Name |
HON. JOHN T. LUZZO, JUDGE
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
| Name |
JEAN-PAUL BERTHIAUME
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
MARIE BERTHIAUME
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| Role |
Petitioner
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| Status |
Active
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Docket Entries
| Docket Date |
2015-12-28
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| Type |
Notice
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| Subtype |
Invoke Discretionary Jurisdiction
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| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ **UNCERTIFIED COPY OF NOTICE REC'D WITH FILING FEE**
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| On Behalf Of |
GUS NASIELL
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| View |
View File
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| Docket Date |
2016-05-24
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| Type |
Disposition
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| Subtype |
Rev DY Lack Juris & Atty Fees Dy
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| Description |
DISP-REV DY LACK JURIS & ATTY FEES DY ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).Respondent's motion for attorney's fees is hereby denied.
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| Docket Date |
2016-03-18
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| Type |
Motion
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| Subtype |
Attorney's Fees
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| Description |
MOTION-ATTORNEYS FEES
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| On Behalf Of |
MICHELE GERBINO
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| View |
View File
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| Docket Date |
2016-03-18
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ PETITIONERS/APPELLANTS RESPONSE TO RESPONDENT/APPELLEESMOTION FOR ATTORNEY FEES
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| On Behalf Of |
ISLE OF PARADISE B, INC.
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| View |
View File
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| Docket Date |
2016-03-14
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| Type |
Brief
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| Subtype |
Juris Answer
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| Description |
JURIS ANSWER BRIEF
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| On Behalf Of |
MICHELE GERBINO
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| View |
View File
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| Docket Date |
2016-02-18
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| Type |
Brief
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| Subtype |
Appendix-Juris
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| Description |
APPENDIX-JURIS BRIEF
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| On Behalf Of |
ISLE OF PARADISE B, INC.
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| Docket Date |
2016-02-17
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| Type |
Brief
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| Subtype |
Juris Initial
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| Description |
JURIS INITIAL BRIEF
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| On Behalf Of |
ISLE OF PARADISE B, INC.
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| View |
View File
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| Docket Date |
2015-12-29
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| Type |
Event
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| Subtype |
Fee Paid in Full - $300
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| Description |
Fee Paid In Full - $300
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| Docket Date |
2015-12-29
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| Type |
Order
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| Subtype |
Extension of Time (Juris Brief)
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| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including February 18, 2016, in which to serve the brief on jurisdiction. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE JURISDICTIONAL BRIEF. All other times will be extended accordingly.
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| Docket Date |
2015-12-23
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| Type |
Letter-Case
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| Subtype |
Acknowledgment Letter-New Case
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| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
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| Docket Date |
2015-12-23
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2015-12-23
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| Type |
Motion
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| Subtype |
Ext of Time (Juris Brief)
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| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
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| On Behalf Of |
ISLE OF PARADISE B, INC.
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| View |
View File
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| Docket Date |
2015-12-23
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| Type |
Notice
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| Subtype |
Invoke Discretionary Jurisdiction
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| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ FILED AS "APPELLANT'S NOTICE OF APPEAL" & TREATED AS A NOTICE - DISCRETIONARY JURISDICTION
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| On Behalf Of |
ISLE OF PARADISE B, INC.
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| View |
View File
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| Docket Date |
2015-12-23
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| Type |
Order
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| Subtype |
Filing Fee Due
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| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including January 22, 2016, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
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ISLE OF PARADISE B, INC., GUS NASIELL, et al. VS MICHELE GERBINO
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4D2015-2869
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2015-07-27
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Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 11001970 (09)
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Parties
| Name |
JEAN-PAUL BERTHIAUME
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARIE BERTHIAUME
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ISLE OF PARADISE "B", INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Dennis S. Lefkowitz, RICHARD PAUL BIRKENWALD
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|
| Name |
GUS NASIELL
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KASEY MCCLUNG
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANTHONY VITALE
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KEVIN MCCLUNG
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MICHELLE GERBINO
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard Perlini, Robin Felicity Hazel, LORENZO JACKSON, JR.
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|
| Name |
HON. JOHN THOMAS LUZZO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-05-24
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC15-2354
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|
| Docket Date |
2015-12-23
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC15-2354
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|
| Docket Date |
2015-12-22
|
| Type |
Supreme Court
|
| Subtype |
Notice of Appeal FSC
|
| Description |
Notice of Appeal to Supreme Court
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2015-12-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2015-11-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellants' October 21, 2015 motion for rehearing of the decision of this court issued October 7, 2015, request for en banc consideration and request for a certified question is denied.
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|
| Docket Date |
2015-10-27
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
MICHELLE GERBINO
|
|
| Docket Date |
2015-10-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2015-10-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Granting Rehearing ~ The motion for rehearing is granted and the dismissal of the appeal is vacated. The court treats this appeal as a motion to enforce the mandate in Case No. 12-4547. The motion to enforce is denied, as the trial court¿s ruling does not exceed its jurisdiction where this court reversed for further proceedings. The amendment of the complaint is not inconsistent with this direction. The court was to conduct an analysis of the Kozel factors ¿before dismissing the complaint with prejudice.¿ The court¿s order granting a motion to file an amended complaint clearly shows that it did not intend to dismiss with prejudice, which was within its discretion. Therefore, there was no need for a hearing to make Kozel findings.
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|
| Docket Date |
2015-10-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ **TREATED AS MOTION TO ENFORCE MANDATE IN 4D12-4547 AND DISMISSED--SEE 10/7/15 ORDER**
|
|
| Docket Date |
2015-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
MICHELLE GERBINO
|
|
| Docket Date |
2015-09-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ *AND* FOR WRITTEN OPINION
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2015-09-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ **VACATED SEE 10/7/15 ORDER.**
|
|
| Docket Date |
2015-09-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ **VACATED -- SEE 10/7/15 ORDER** Upon consideration of the parties¿ responses to this court¿s July 30, 2015 order, it is ORDERED that this appeal is dismissed as being from a non-final, non-appealable order.
|
|
| Docket Date |
2015-09-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellants' September 2, 2015 reply to response to appellants' statement explaining the basis of the subject matter jurisdiction is stricken as unauthorized.
|
|
| Docket Date |
2015-09-02
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN AS UNAUTHORIZED 9/4/15** TO APPELLANT'S STATEMENT EXPLAINING THE BASIS OF THE SUBJECT MATTER JURISDICTION OVER THE ORDER APPEALED IN THE CASE.
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2015-08-27
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ TO ORDER RE: STATEMENT OF JURISDICTION
|
| On Behalf Of |
MICHELLE GERBINO
|
|
| Docket Date |
2015-08-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO 7/30/15 ORDER RE: STATEMENT FOR BASIS OF JURISDICTION
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2015-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MICHELLE GERBINO
|
|
| Docket Date |
2015-08-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2015-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 4, 2015 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 9, 2015. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions; further,ORDERED that appellant's August 5, 2015 motion for extension of time is granted, and the time in which to file appellant's jurisdictional statement is extended to and including August 20, 2015.
|
|
| Docket Date |
2015-08-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2015-07-30
|
| 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 order on appeal is a non-final appeal for which jurisdiction lies under Florida Rule of Appellate Procedure 9.130(a)(3); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2015-07-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-07-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **TREATED AS A MOTION TO ENFORCE MANDATE IN 4D12-4547--SEE 10/7/15 ORDER**
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2015-07-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MICHELLE GERBINO VS ISLE OF PARADISE B INC., GUS NASIELL, et al.
|
4D2012-4547
|
2012-12-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
11-1970 CACE
|
Parties
| Name |
MICHELLE GERBINO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robin Felicity Hazel, LORENZO JACKSON, JR.
|
|
| Name |
KEVIN MCCLUNG
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANTHONY VITALE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARIE BERTHIAUME
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GUS NASIELL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KASEY MCCLUNG
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ISLE OF PARADISE "B", INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dennis S. Lefkowitz, RICHARD PAUL BIRKENWALD
|
|
| Name |
JEAN-PAUL BERTHIAUME
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. DAVID KRATHEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-10-07
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **APPEAL IN 4D15-2869 TREATED AS MOTION TO ENFORCE MANDATE AND DISMISSED. SEE 10/7/15 ORDER IN 4D15-2869.**
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2014-10-31
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-10-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-10-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellees' motion for rehearing and rehearing en banc filed September 4, 2014 is denied.
|
|
| Docket Date |
2014-09-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
MICHELLE GERBINO
|
|
| Docket Date |
2014-09-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ *OR, IN THE ALTERNATIVE* FOR OA (DENIED 10/14/14)
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2014-08-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2014-07-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (SUPPLEMENT) TO MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2014-07-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2014-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MICHELLE GERBINO
|
|
| Docket Date |
2014-06-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND WRITTEN OPINION
|
|
| Docket Date |
2014-06-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellees' motion for attorneys' fees filed September 30, 2013, is granted. On remand the trial court shall set the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection therewith, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2014-06-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ ***OPINION WITHDRAWN***
|
|
| Docket Date |
2013-12-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ONE (1) VOLUME
|
|
| Docket Date |
2013-12-11
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ Show cause/record, on or before December 26, 2013.
|
|
| Docket Date |
2013-10-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2013-10-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ The brief of the appellees' filed on September 30, 2013, is stricken as not in compliance with the Florida Rules of Appellate Procedure 9.210(b)(c) and (d) in that the table of contents does not list issues for review. An amended answer brief in compliance with the rules shall be filed within ten (10) days of the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2013-09-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2013-09-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AE Richard Paul Birkenwald 0621780
|
|
| Docket Date |
2013-09-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2013-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 09/28/13
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2013-07-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MICHELLE GERBINO
|
|
| Docket Date |
2013-07-08
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ("NOTICE OF FILING" PER 6/28/13 ORDER)
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2013-06-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Amend/Correct Record
|
| Description |
ORD-Allow Record to be Corrected ~ 10 DAYS
|
|
| Docket Date |
2013-06-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ (AMENDED)
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2013-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~
|
|
| Docket Date |
2013-06-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
ISLE OF PARADISE B INC.
|
|
| Docket Date |
2013-05-23
|
| 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 May 10, 2013, 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; further,ORDERED that appellant's motion filed May 10, 2013, for extension is granted, and appellant shall serve the initial brief within thirty (30) days from service of the index to the record on appeal. In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be dismissed.
|
|
| Docket Date |
2013-05-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
MICHELLE GERBINO
|
|
| Docket Date |
2013-03-06
|
| 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 February 22, 2013, 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 forty-five (45) days from the date of this order. All other time frames are hereby extended accordingly. See Fla. R. App. P. 9.300(b); further,ORDERED that the appellant's motion filed February 22, 2013, for extension is hereby determined to be moot.
|
|
| Docket Date |
2013-02-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2013-02-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
MICHELLE GERBINO
|
|
| Docket Date |
2013-02-06
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
| Docket Date |
2013-01-29
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ 10 DAYS
|
|
| Docket Date |
2013-01-02
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil
|
|
| Docket Date |
2012-12-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2012-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MICHELLE GERBINO
|
|
| Docket Date |
2012-12-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
