| Classification |
NOA Non Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562017CC001277
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562019AP000030
|
Parties
| Name |
VILLAS OF WINDMILL POINT II PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Thomas Lesko
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
George Santulli
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert G. Rydzewski, Brian K. McMahon, David M. Lamos, Gerard S. Collins
|
|
| Name |
Carlo Patti
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Daryl Isenhower
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ The Chapter 11 Trustee for Villas of Windmill Point II filed a motion to dismiss for lack of standing and subject matter jurisdiction. With regard to jurisdiction, the Chapter 11 trustee argued that “based on the bankruptcy filing, the Court lacks subject matter jurisdiction in determining any and all assets or procedures to be followed with regard to the Villas of Windmill Point II.” On December 16, 2020, the circuit court sitting in its appellate capacity denied the motion to dismiss. This appeal was subsequently transferred to this Court on January 4, 2021. ORDERED, sua sponte that the circuit court’s December 16, 2020 interlocutory order denying the Chapter 11 Trustee’s motion to dismiss is vacated. Further,ORDERED that the Chapter 11 Trustee’s motion to dismiss for lack of subject matter jurisdiction is granted and this appeal is dismissed.WARNER, CIKLIN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2021-07-08
|
| Type |
Brief
|
| Subtype |
Memorandum Brief
|
| Description |
Memorandum Brief
|
|
| Docket Date |
2021-07-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that the trustee's July 7, 2021 motion to deem brief as timely filed is granted. The July 7, 2021 memorandum brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2021-07-07
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
|
| Docket Date |
2021-05-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that within seven days of the issuance of this order, the Chapter 11 Trustee for Villas of Windmill Point II, through counsel, shall file a brief not exceeding five pages clarifying its statement that “the Court lacks subject matter jurisdiction in determining any and all assets or procedures to be followed with regard to the Villas of Windmill Point II.” The Chapter 11 Trustee shall specifically state whether the United States Bankruptcy Court’s exclusive jurisdiction precludes this court from considering the appellants appeal of the order denying the motion to intervene. The Chapter 11 Trustee shall also specifically state whether the automatic stay issued by the United States Bankruptcy Court requires this appeal be stayed or otherwise impacts the ability of this Court to decide the issues on appeal. The appellant may file a response brief not exceeding five pages within seven days of the filing of the Chapter 11 Trustee’s brief.
|
|
| Docket Date |
2021-01-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-07
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received
|
|
| Docket Date |
2021-01-07
|
| Type |
Notice
|
| Subtype |
Appeal Transfer Cover Sheet
|
| Description |
Appeal Transfer Form
|
| On Behalf Of |
Thomas Lesko
|
|
| Docket Date |
2021-01-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
