| Classification |
NOA Final - Administrative - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Administrative Agency
PBEO 1800114
|
Parties
| Name |
Gene Klusmeier
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Matthew Tucker Ramenda, David N. Tolces
|
|
| Name |
VILLAGE WALK HOMEOWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Katie Merwin
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-28
|
| 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 |
2023-03-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED sua sponte that the above-styled appeal is dismissed as duplicative of case number 4D22-2979.
|
|
| Docket Date |
2023-03-01
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's February 28, 2023 filing fee order is vacated.
|
|
| Docket Date |
2023-02-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-02-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ *Acknowledgement of Case
|
| On Behalf Of |
Gene Klusmeier
|
|
| Docket Date |
2023-02-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY
|
|
|
| Classification |
NOA Final - Administrative - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Administrative Agency
PBEO 1800114
|
Parties
| Name |
Gene Klusmeier
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Matthew Tucker Ramenda, David N. Tolces
|
|
| Name |
VILLAGE WALK HOMEOWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Katie Merwin
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-02
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 27, 2022 order is amended as follows:ORDERED that, upon consideration of appellant’s November 29, 2022 jurisdictional brief and appellee’s December 8, 2022 response, this matter is transferred to the Fifteenth Judicial Circuit Court. See § 120.52(a)(c), Fla. Stat. (2022) (defining agency as "[e]ach officer and governmental entity in the state having jurisdiction in one county or less than one county, to the extent they are expressly made subject to this chapter by general or special law or existing judicial decisions.") (emphasis added); Eckert v. Bd. of Comm'rs of N. Broward Hosp.Dist., 720 So. 2d 1151, 1153 (Fla. 4th DCA 1998) (“If an administrative agency does not qualify as a state agency under the APA, it is considered to be a local administrative body whose decisions are reviewable by certiorari in the circuit court.”).
|
|
| Docket Date |
2023-02-02
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge
|
|
| Docket Date |
2022-12-27
|
| Type |
Disposition (SC)
|
| Subtype |
Transferred
|
| Description |
Transferred ~ ORDERED that, upon consideration of appellant’s November 29, 2022 jurisdictional brief and appellee’s December 8, 2022 response, this matter is transferred to the Fifteenth Judicial Circuit Court. See § 120.52(a)(c), Fla. Stat. (2022) (defining agency as "[e]ach officer and governmental entity in the state having jurisdiction in one county or less than one county, to the extent they are expressly made subject to this chapter by general or special law or existing judicial decisions.") (emphasis added); Eckert v. Bd. of Comm'rs of N. Broward Hosp. Dist., 720 So. 2d 1151, 1153 (Fla. 4th DCA 1998) (“If an administrative agency does not qualify as a state agency under the APA, it is considered to be a local administrative body whose decisions are reviewable by certiorari in the circuit court.”).
|
|
| Docket Date |
2022-12-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATEMENT AS TO BASIS OF JURISDICTION
|
| On Behalf Of |
Village Walk Homeowners' Association, Inc.
|
|
| Docket Date |
2022-11-29
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Gene Klusmeier
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's November 28, 2022 statement of jurisdiction is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-11-28
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ ***STRICKEN***
|
| On Behalf Of |
Gene Klusmeier
|
|
| Docket Date |
2022-11-14
|
| 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 Fifteenth Judicial Circuit Court has jurisdiction over the above-styled appeal rather than this court. See § 26.012(1), Fla. Stat. (2022) ("Circuit courts shall have jurisdiction of appeals from final administrative orders of local government code enforcement boards and of reviews and appeals as otherwise expressly provided by law."); Sarasota Cnty v. Bow Point on Gulf Condo. Devs., LLC, 974 So. 2d 431, 432 n.2 (Fla. 2d DCA 2007) ("Review of a code enforcement board's order is by appeal to the circuit court."). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-11-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ *Filing Fee Paid Through Portal*
|
| On Behalf Of |
Gene Klusmeier
|
|
| Docket Date |
2022-11-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
|
