| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA010263
|
Parties
| Name |
Javier Lanza
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Abby M. Spears, Richard H. Levenstein, Terry E. Resk
|
|
| Name |
Bobby Freisberg
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DINSMORE & SHOHL, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Fox Rothschild, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BOCA TIDE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joseph G. Galardi, Mia A. Williams, Howard Jay Harrington, Eleni K. Howard, David P. Ackerman, Kristen Marie Fiore, Alaina Karsten
|
|
| Name |
Jerrad T. Howard
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-07-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 11, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-07-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Javier Lanza
|
|
| Docket Date |
2023-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca Tide, LLC
|
|
| Docket Date |
2023-04-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 07/17/2023
|
|
| Docket Date |
2023-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Dinsmore & Shohl, LLP and Jerrad T. Howard
|
| On Behalf Of |
Boca Tide, LLC
|
|
| Docket Date |
2023-04-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 07/17/2023
|
|
| Docket Date |
2023-03-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Javier Lanza
|
|
| Docket Date |
2023-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Javier Lanza
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant’s February 15, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2023-02-15
|
| 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 |
Javier Lanza
|
|
| Docket Date |
2022-11-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PAGES 1-3869
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Javier Lanza
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 03/07/2023
|
|
| Docket Date |
2022-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca Tide, LLC
|
|
| Docket Date |
2022-10-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Javier Lanza
|
|
| Docket Date |
2022-09-30
|
| 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 |
2022-09-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Javier Lanza
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA010263
|
Parties
| Name |
Javier Lanza
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Abby M. Spears, Richard H. Levenstein
|
|
| Name |
Jerrad T. Howard
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BOCA TIDE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Mia A. Williams, Maria N. Vernace, Alaina Karsten, Kristen Marie Fiore, Joseph G. Galardi, D. David Keller, Eleni K. Howard, David P. Ackerman
|
|
| Name |
DINSMORE & SHOHL, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Fox Rothschild, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bobby Freisberg
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Samantha Schosberg Feuer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s July 16, 2021 jurisdictional brief and appellees’ July 28, 2021 response, this appeal is dismissed for lack of jurisdiction. Fla. R. App. P. 9.110(a)(1); Knott v. Genung, 310 So. 3d 990, 991 (Fla. 2d DCA 2020); Valcarcel v. Chase Bank USA NA, 54 So. 3d 989, 990 (Fla. 4th DCA 2010).GROSS, MAY and LEVINE, JJ., concur.
|
|
| Docket Date |
2021-08-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ AMENDED
|
| On Behalf Of |
Boca Tide, LLC
|
|
| Docket Date |
2021-07-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Boca Tide, LLC
|
|
| Docket Date |
2021-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Boca Tide, LLC
|
|
| Docket Date |
2021-07-16
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Javier Lanza
|
|
| Docket Date |
2021-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca Tide, LLC
|
|
| Docket Date |
2021-07-08
|
| 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 June 1, 2021 omnibus order is an appealable final order pursuant to Florida Rule of Appellate Procedure 9.110, as (1) paragraph 4 of page 10 of the June 1, 2021 omnibus order states the court “will consider any motion for leave to amend . . . filed by the plaintiff in due course”; and (2) the June 24, 2021 order denying motion for clarification and alternative motion for reconsideration states “[p]laintiff may seek leave to amend when, and if, he can argue to the Court, in good faith, that his claim actually exists.” See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (finding that a final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca Tide, LLC
|
|
| Docket Date |
2021-07-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Javier Lanza
|
|
| Docket Date |
2021-07-06
|
| 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, 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 |
2021-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Javier Lanza
|
|
| Docket Date |
2021-07-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-07-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
