|
Maraist Law Firm, P.A., Petitioner(s) v. Palm Beach Florida Hotel and Office Building Limited Partnership, et al., Respondent(s)
|
SC2023-1437
|
2023-10-18
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Prohibition
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D21-2871; 4D21- 3579; 4D21-3580; 4D22-900
|
Parties
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Timothy Schulz
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Alan Benjamin Rose, Gregory Scott Weiss
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
MARAIST LAW FIRM, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Patrick W Maraist
|
|
Docket Entries
| Docket Date |
2023-12-01
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
| View |
View File
|
|
| Docket Date |
2023-11-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Respondents' Joint Response in Opposition to Petitioner's Motion to Stay
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
| View |
View File
|
|
| Docket Date |
2023-11-21
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2023-10-19
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
Acknowledgment Letter-New Case
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
Petition Filed
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Motion
|
| Subtype |
Stay (Proceedings Below)
|
| Description |
Petitioner's Motion to Stay Fourth District Court of Appeal November 15, 2023 Order with Request for Expedited Ruling
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-12-06
|
| Type |
Disposition
|
| Subtype |
Dism as Moot
|
| Description |
The petition for writ of prohibition and the motion for stay are hereby dismissed as moot. No motion for rehearing will be entertained.
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Notice
|
| Subtype |
Compliance
|
| Description |
Petitioner's Notice of Service of its Motion to Stay Fourth District Court of Appeal November 15, 2023 Order with Request for Expedited Ruling and Appendix on Appellees' Counsel, Lower Court and Clerk
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
The jurisdiction of this Court was invoked by the filing of a Petition for Writ of Prohibition; however, said petition was not accompanied by the $300.00 filing fee or a proper motion for leave to proceed in forma pauperis as required by Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing the petition. Petitioner is allowed to and including November 20, 2023, in which to submit the filing fee or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes. The petition will not be submitted to the Court until receipt of the above. Failure to submit the filing fee or the above referenced document to this Court could result in the imposition of sanctions, including dismissal of the petition.
Please understand that once this case is dismissed, it is not subject to reinstatement.
|
| View |
View File
|
|
|
|
Maraist Law Firm, P.A., Petitioner(s) v. Palm Beach Florida Hotel and Office Building Limited Partnership, et al., Respondent(s)
|
SC2023-1183
|
2023-08-21
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Prohibition
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D21-2871; 4D21-3580; 4D22-0900; 4D21-3579
|
Parties
| Name |
MARAIST LAW FIRM, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Patrick W. Maraist
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Timothy Warren Schulz
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Alan B. Rose, Gregory S. Weiss
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-14
|
| Type |
Disposition
|
| Subtype |
Dism as Moot
|
| Description |
The petition is hereby dismissed as moot. No motion for rehearing will be entertained by this Court.
|
| View |
View File
|
|
| Docket Date |
2023-09-08
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L., v. ATLAS HOLDING CORPORATION, Florida Fourth DCA Case No. 4D22-1827
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-09-01
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Notice of Appendix/Attachment to Notice
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-09-01
|
| Type |
Motion
|
| Subtype |
Request-Judicial Notice
|
| Description |
Request for Judicial Notice
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-08-23
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
| View |
View File
|
|
| Docket Date |
2023-08-22
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-22
|
| Type |
Petition
|
| Subtype |
Appendix (Supplemental)
|
| Description |
Supplemental Appendix to Appendix A to Petition for Writ of Prohibition
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-08-22
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-08-22
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
Acknowledgment Letter-New Case-Pay Fee
|
| View |
View File
|
|
| Docket Date |
2023-08-21
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
Petition for Writ of Prohibition
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
|
|
MARAIST LAW FIRM, P.A. and PATRICK MARAIST, Appellant(s) v. NANTUCKET ENTERPRISES, INC. and PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP, Appellee(s).
|
4D2022-3390
|
2022-12-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA039646
|
Parties
| Name |
Patrick W Maraist
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARAIST LAW FIRM, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Patrick W Maraist
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gregory Scott Weiss, Alan Benjamin Rose, Timothy W. Schulz
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-09-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-09-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO REQUEST FOR JUDICIAL NOTICE (Palm Beach Florida Hotel and Office Building Limited Partnership)
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2023-09-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO REQUEST FOR JUDICIAL NOTICE
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-09-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO REQUEST FOR JUDICIAL NOTICE (NANTUCKET ENTERPRISES, INC.)
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2023-09-05
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-05-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-05-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-05-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2023-05-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR SANCTIONS
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-05-18
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ Upon consideration of appellee Palm Beach Florida Hotels and Office Building Limited Partnership’s April 18, 2023 response and appellants Maraist Law Firm, P.A. and Patrick Maraist’s April 24, 2023 response, it isORDERED that appellee Nantucket Enterprises, Inc.’s April 20, 2023 motion to file supplemental record is granted. The proposed transcript is deemed filed as part of the record on appeal. Further, Upon consideration of appellee Palm Beach Florida Hotels and Office Building Limited Partnership’s April 24, 2023 response, it is ORDERED that appellants Maraist Law Firm, P.A. and Patrick Maraist’s April 24, 2023 request to strike is denied.
|
|
| Docket Date |
2023-04-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***MOTION GRANTED***
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2023-04-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO REQUEST TO STRIKE
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2023-04-24
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-04-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2023-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ OF ANSWER BRIEF BY APPELLEE NANTUCKET ENTERPRISES, INC.
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2023-04-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **NOTICE OF JOINDER IN BRIEF FILED 4/19/23**
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2023-04-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEE PALM BEACH FLORIDA HOTEL'S RESPONSE TO APPELLEE NANTUCKET ENTERPRISES, INC.'S MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2023-04-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-04-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-04-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO RULE 9.400(b) MOTION TO RECOVER CONTRACTUAL APPELLATE ATTORNEYS' FEES FROM APPELLEE, NANTUCKET
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2023-03-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-03-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1029 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellee Nantucket Enterprises, Inc.’s December 27, 2022 notice of joinder and appellants Maraist Law Firm, P.A. and Patrick Maraist’s January 6, 2023 response, it is ORDERED that appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s December 22, 2022 motion to dismiss is denied. Further, ORDERED that the court determines that this appeal seeks review of a final order, rather than a non–final order. Clearwater Fed. Sav. & Loan Ass'n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976). Appellants may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and appellees may file directions for additional documents and exhibits within ten (10) days after the appellants’ filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly. Further, upon consideration of appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s December 22, 2022 response, it is ORDERED that appellants Maraist Law Firm, P.A. and Patrick Maraist’s December 22, 2022 motion to consolidate is denied.
|
|
| Docket Date |
2023-01-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2023-01-06
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2022-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2022-12-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ AMENDED
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2022-12-22
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's December 22, 2022 ORD-Pay Filing Fee-Civil Appeal order is vacated.
|
|
| Docket Date |
2022-12-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2022-12-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
Nantucket Enterprises, Inc.
|
|
| Docket Date |
2022-12-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Patrick W Maraist
|
|
| Docket Date |
2022-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Patrick W Maraist
|
|
|
|
MARAIST LAW FIRM, P.A. VS PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP and NANTUCKET ENTERPRISES, INC.
|
4D2022-0900
|
2022-03-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA039646
|
Parties
| Name |
MARAIST LAW FIRM, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Patrick W. Maraist
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alan Benjamin Rose, Timothy W. Schulz
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR LEAVE TO FILE REPLY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees may respond to appellant's motion to transfer filed July 27, 2023, within five (5) days from the date of this order.
|
|
| Docket Date |
2023-07-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEES' JOINT NOTICE REGARDINGAPPELLANT'S MOTION TO DISQUALIFY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions ~ AGAINST APPELLEE HOTEL AND ITS COUNSEL TIMOTHY SCHULZ
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S MOTION TO DISQUALIFY JUDGEGERBER AND THE APPELLATE PANEL WHICH ISSUED THE PCA INTHESE CONSOLIDATED APPEALS AND RE-ASSIGNMENT TO THETHIRD DISTRICT COURT OF APPEAL
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-27
|
| Type |
Motions Other
|
| Subtype |
Motion to Transfer
|
| Description |
Motion To Transfer To Another Court ~ AND MOTION TO DISQUALIFY JUDGE GERBER AND THE APPELLATE PANEL WHICH ISSUED THE PCA IN THESE CONSOLIDATED APPEALS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's June 16, 2023 motion for rehearing, rehearing en banc, written opinion, and clarification is denied. Further,ORDERED that appellant’s June 16, 2023 “motion fo[r] rehearing as to June 15, 2023 appellate fee award to appellees” is denied. Further,ORDERED that appellant’s July 17, 2023 motion for leave to file reply is denied.
|
|
| Docket Date |
2023-07-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE REPLY TO APPELLEES' RESPONSES
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-12-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2023-14387 Supreme Court Order Dismissed
|
|
| Docket Date |
2023-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
JOINT RESPONSE TO MOTION TO STRIKE
|
|
| Docket Date |
2023-12-04
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
|
| Docket Date |
2023-12-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
|
| Docket Date |
2023-12-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Motion for Rehearing
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO LATEST MOTION FOR REHEARING BY APPELLANT
|
|
| Docket Date |
2023-12-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
MOTION FOR REHEARING OR CLARIFICATION OF NOVEMBER 15, 2023 ORDER GRANTING APPELLEES' MOTION REQUEST FOR POST JUDGMENT INTEREST
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-11-15
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Order on Miscellaneous Motion
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2023-1437 Supreme Court Order
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF SERVICE OF CORRECTED PETITION FOR WRIT OF PROHIBITION AND APPENDIX IN THE FLORIDA SUPREME COURT
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-10-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF SERVICE OF PETITION FOR WRIT OF PROHIBITION IN THE FLORIDA SUPREME COURT
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-10-17
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-10-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION TO ENFORCE MANDATE AND REQUEST FOR ATTORNEYS' FEES FROM APPELLANT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-09-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-14
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's August 23, 2023 order is amended to include the consolidated case numbers as follows: ORDERED that the appellant's August 21, 2023 motions to stay issuance of the mandate and for rehearing are denied.
|
|
| Docket Date |
2023-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEES' JOINT RESPONSE TO APPELLANT'S MOTION FORREHEARING AND MOTION TO STAY ISSUANCE OF MANDATE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-08-22
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC2023-1183
|
|
| Docket Date |
2023-08-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SERVICE OF PETITION FOR WRIT OFPROHIBITION IN THE FLORIDA SUPREME COURT.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate ~ PENDING RULING ON MOTION FOR REHEARING OF AUGUST 10, 2023 ORDER DENYING MOTIONS TO DISQUALIFY AND DENYING MOTION TO STAY ISSUANCE OF MANDATE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant's July 27, 2023 motion to disqualify and reassignment to another court is denied. Further,ORDERED that appellant’s August 7, 2023 supplemental motion is denied.
|
|
| Docket Date |
2023-08-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ SUPPLEMENTAL MOTION TO DISQUALIFY
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S SUPPLEMENTAL MOTION TO DISQUALIFY
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ JOINT RESPONSE TO APPELLANT'S MOTION TODISQUALIFY JUDGE GERBER AND THE APPELLATE PANELAND TRANSFER THIS APPEAL TO A DIFFERENT COURT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-07-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'SMOTION FOR REHEARING, ET AL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ AS TO JUNE 15, 2023 APPELLATE FEE AWARD TO APPELLEES
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-06-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF PENDING UNDECIDED FEE AND SANCTIONS MOTIONS
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ Ordered that appellees’ May 21, 2023 motion to strike notices of supplemental authority is granted as to notices filed on March 2, 2023, May 10, 2023, and May 17, 2023. A Notice of Supplemental Authority cannot be used to raise new issues nor to contain argument, which these notices do. The motion is denied as to the remaining notices of supplemental authority.
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2023-05-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-05-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Deny Consolidation ~ Upon consideration of appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s December 23, 2022 response, it is ORDERED that appellant Maraist Law Firm, P.A.’s December 22, 2022 motion to consolidate is denied.
|
|
| Docket Date |
2023-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ OPPOSITION TO MOTION TO DISMISS 4D22-3390 AS NOTICE PENDING MOTIONS ARE RIPE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-01-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ W/4D22-3390
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellant's December 2, 2022 motion for leave to file reply is denied.
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (CORRECTED RESPONSE)Palm Beach Florida Hotel and Office Building
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INCORRECT FILING.
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-02
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Nantucket Enterprises
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-30
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ ORABATEMENT OF APPELLANTS' SANCTIONS MOTION
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-10-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Palm Beach Florida Hotel and Office Building Limited Partnership ("PB Hotel"), and its counsel Timothy W. Schulz
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-09-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PALM BEACH HOTEL MOT. FOR ATTY. FEES.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ NANTUCKET ENTERPRISES, INC.
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-08-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-08-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-07-28
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (234 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-07-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s July 13, 2022 motion to supplement.
|
|
| Docket Date |
2022-07-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO EXCEED RULE 9.210(a)(2)(B) LIMITS, MOTION TO THE SUPPLEMENT RECORD ON APPEAL, MOTION FOR JUDICIAL NOTICE AND MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Palm Beach Florida Hotel and Office Building Limited Partnership
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REVIEW
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-05-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (846 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-04-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH APRIL 4, 2022 ORDER AND ATTACHMENT OF TRIAL COURT ORDER DENYING THE MOTION FOR REHEARING RENDERING MOTION TO CONSOLIDATE RIPE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEES' JOINT RESPONSE TO APPELLANT'S MOTION TO CONSOLIDATE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-04
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2022-04-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-04-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-01
|
| 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 |
2022-03-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-08-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED** Palm Beach Florida Hotel
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's July 13, 2022 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2022-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellee Nantucket Enterprises, Inc.’s June 16, 2022 response and appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s June 21, 2022 response, it is ORDERED that appellant Maraist Law Firm, P.A.’s June 15, 2022 “Rule 9.310(f) Motion for Review of Trial Court June 10, 2022 Order Denying Rule 9.310(A) Motion” is denied. Further, upon consideration of appellees’ June 24, 2022 Joint Response, it is ORDERED that appellant’s June 22, 2022 “Motion to Exceed Rule 9.210(A)(2)(B) Limits, Motion to the Supplement Record on Appeal, Motion for Judicial Notice and Motion for Extension of Time” is denied, save for appellant’s request to supplement the record, which is denied without prejudice to appellant refiling a motion to supplement the record which specifically lists what was omitted from the record and what it seeks to supplement the record with. Appellant shall file the initial brief within thirty (30) days from the date of this order. Failure to comply with this order will result in dismissal of this appeal for lack of prosecution without further notice. Further,ORDERED that appellant Maraist Law Firm, P.A. is again cautioned against excessive and unnecessary motion practice, and advised that continued excessive and unnecessary motion practice may subject appellant to sanctions.
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NANTUCKET, RESPONSE TO MOTION FORREHEARING AS TO JUNE 15, 2023 APPELLATE FEE AWARD
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
Order Denying Motion for Sanctions ~ ORDERED that appellant’s October 24, 2022 “Rule 9.410(b) motion for sanctions against appellee Hotel and its counsel Timothy Schulz” is denied. Further,ORDERED that appellant’s October 24, 2022 “Rule 9.410(b) motion for sanctions against appellee Nantucket and its counsel Alan Rose and Gregg Weiss” is denied.
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Deny EOT to file Response ~ ORDERED that appellee Nantucket Enterprises, Inc.'s November 7, 2022 motion for an extension of time or abatement of appellant's sanction motion is denied. The Court accepts Nantucket Enterprise, Inc.’s adoption of “the arguments raised by the other Appellees in the October 26, 2022, filing entitled Appellee's and Counsel's Response in Opposition to Appellant's Motion for Sanctions” as its response. Nantucket Enterprise, Inc. may file an additional response that does not restate the arguments raised by the other appellees within fourteen (14) days of the date of this order.
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's April 25, 2022 order is amended to add the Clerk of the Circuit Court: Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership and Nantucket Enterprises, Inc.’s April 5, 2022 Joint Response and Maraist Law Firm, P.A.’s April 7, 2022 “Notice of Compliance with April 4, 2022 Order and Attachment of Trial Court Order Denying the Motion for Rehearing Rendering Motion to Consolidate Ripe,” it is ORDERED that Maraist Law Firm, P.A.’s April 4, 2022 Motion to Consolidate is granted, and case numbers 4D21-2871, 4D21-3579, 4D21-3580, and 4D22-900 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further,ORDERED that appellees’ April 5, 2022 joint request to shorten the briefing schedule is denied. Further, Upon consideration of Maraist Law Firm, P.A.’s April 4, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.’s March 31, 2022 Motion for Clarification or Modify Appellate Stay is granted in part as to the request for clarification and denied in part as to the request for modification. This court clarifies that there was an automatic stay of the money judgment orders per Florida Rule of Appellate Procedure 9.310(b)(1) and a stay of the writ of bodily attachment that were the subject of the contempt proceedings. This court did not impose a stay of the prevailing party fee proceedings between Nantucket Enterprises, Inc. and Palm Beach Florida Hotel and Office Building Limited Partnership. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 4, 2022 Amended Response and Nantucket Enterprises, Inc.’s April 4, 2022 Notice of Joinder with said Amended Response, it is ORDERED that Maraist Law Firm, P.A.’s April 1, 2022 “Motion for Order to Show Cause, for Removal of Counsel for Appellees and to Strike Appellee's March 31, 2022 Motions” is denied. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 5, 2022 Response and Nantucket Enterprises, Inc.’s April 7, 2022 Response, it is ORDERED that Maraist Law Firm, P.A.’s April 5, 2022 Motion to Supplement Record on Appeal is granted in part and denied in part. The material requested in the motion shall be included in the record on appeal except for the following materials: Docket Entry 3242: January 14, 2022 Notice of Taking Deposition; Docket Entry 3255: February 1, 2022 Notice of Taking Deposition; Docket Entry 3256: February 2, 2022 Subpoena Served on Maraist; Docket Entry 3269: February 24, 2022 Notice of Postponement of Deposition; Docket Entry 3271: March 7, 2022 Re-Notice of Taking Deposition; Docket Entry 3280: March 2, 2022 Notice of Filing Affidavit of Process Server; Docket Entry 3291: March 18, 2022 Supplemental Proffer through Notice of Filing Business Record Emails from December 3, 2021, through December 12, 2021, from Appellees' Counsels to Donnie Murrell and to Judge Coates Without Copy to Patrick Maraist; Docket Entry 3299: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol I; Docket Entry 3300: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol II; Docket Entry 3301: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge January-March 2022; Docket Entry 3302: April 4, 2022 Notice of Filing Documents Correspondence Exhibits Related to the Alan Rose and Timothy Schulz Manufactured Contempt, Bench Warrant and Removal of Patrick Maraist as Counsel for Maraist Law Firm December 2021; and Docket Entry 3298: April 1, 2022 Notice of Filing Nantucket's Three Re-Notice of Depositions of Maraist's Specifically Designated to Include upon Protected Confidential and Financial Records at Issue on the Pending Final Appeal and part. The material requeste
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership and Nantucket Enterprises, Inc.’s April 5, 2022 Joint Response and Maraist Law Firm, P.A.’s April 7, 2022 “Notice of Compliance with April 4, 2022 Order and Attachment of Trial Court Order Denying the Motion for Rehearing Rendering Motion to Consolidate Ripe,” it is ORDERED that Maraist Law Firm, P.A.’s April 4, 2022 Motion to Consolidate is granted, and case numbers 4D21-2871, 4D21-3579, 4D21-3580, and 4D22-900 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further, ORDERED that appellees’ April 5, 2022 joint request to shorten the briefing schedule is denied. Further, Upon consideration of Maraist Law Firm, P.A.’s April 4, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.’s March 31, 2022 Motion for Clarification or Modify Appellate Stay is granted in part as to the request for clarification and denied in part as to the request for modification. This court clarifies that there was an automatic stay of the money judgment orders per Florida Rule of Appellate Procedure 9.310(b)(1) and a stay of the writ of bodily attachment that were the subject of the contempt proceedings. This court did not impose a stay of the prevailing party fee proceedings between Nantucket Enterprises, Inc. and Palm Beach Florida Hotel and Office Building Limited Partnership. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 4, 2022 Amended Response and Nantucket Enterprises, Inc.’s April 4, 2022 Notice of Joinder with said Amended Response, it is ORDERED that Maraist Law Firm, P.A.’s April 1, 2022 “Motion for Order to Show Cause, for Removal of Counsel for Appellees and to Strike Appellee's March 31, 2022 Motions” is denied. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 5, 2022 Response and Nantucket Enterprises, Inc.’s April 7, 2022 Response, it is ORDERED that Maraist Law Firm, P.A.’s April 5, 2022 Motion to Supplement Record on Appeal is granted in part and denied in part. The material requested in the motion shall be included in the record on appeal except for the following materials: Docket Entry 3242: January 14, 2022 Notice of Taking Deposition; Docket Entry 3255: February 1, 2022 Notice of Taking Deposition; Docket Entry 3256: February 2, 2022 Subpoena Served on Maraist; Docket Entry 3269: February 24, 2022 Notice of Postponement of Deposition; Docket Entry 3271: March 7, 2022 Re-Notice of Taking Deposition; Docket Entry 3280: March 2, 2022 Notice of Filing Affidavit of Process Server; Docket Entry 3291: March 18, 2022 Supplemental Proffer through Notice of Filing Business Record Emails from December 3, 2021, through December 12, 2021, from Appellees' Counsels to Donnie Murrell and to Judge Coates Without Copy to Patrick Maraist; Docket Entry 3299: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol I; Docket Entry 3300: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol II; Docket Entry 3301: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge January-March 2022; Docket Entry 3302: April 4, 2022 Notice of Filing Documents Correspondence Exhibits Related to the Alan Rose and Timothy Schulz Manufactured Contempt, Bench Warrant and Removal of Patrick Maraist as Counsel for Maraist Law Firm December 2021; and Docket Entry 3298: April 1, 2022 Notice of Filing Nantucket's Three Re-Notice of Depositions of Maraist's Specifically Designated to Include upon Protected Confidential and Financial Records at Issue on the Pending Final Appeal and Procured through Improper Draconian and Subsequently Stayed Bench Warrants Requested by the Parties and Their Counsel. See Fla.
|
|
|
|
MARAIST LAW FIRM, P.A. VS PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP and NANTUCKET ENTERPRISES, INC.
|
4D2021-3580
|
2021-12-21
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA039646
|
Parties
| Name |
MARAIST LAW FIRM, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Patrick W. Maraist
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Timothy W. Schulz, Alan Benjamin Rose
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-02-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ ***4D21-2871, 4D21-3579 AND 4D21-3580 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 4D21-2871 FOR ALL FUTURE DOCKET ENTRIES.***
|
|
| Docket Date |
2023-12-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2023-14387 Supreme Court Order Dismissed
|
|
| Docket Date |
2023-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
JOINT RESPONSE TO MOTION TO STRIKE
|
|
| Docket Date |
2023-12-04
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
|
| Docket Date |
2023-12-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
|
| Docket Date |
2023-12-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Motion for Rehearing
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO LATEST MOTION FOR REHEARING BY APPELLANT
|
|
| Docket Date |
2023-12-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
MOTION FOR REHEARING OR CLARIFICATION OF NOVEMBER 15, 2023 ORDER GRANTING APPELLEES' MOTION REQUEST FOR POST JUDGMENT INTEREST
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-11-15
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Order on Miscellaneous Motion
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2023-1437 Supreme Court Order
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF SERVICE OF CORRECTED PETITION FOR WRIT OF PROHIBITION AND APPENDIX IN THE FLORIDA SUPREME COURT
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-10-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF SERVICE OF PETITION FOR WRIT OF PROHIBITION IN THE FLORIDA SUPREME COURT
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-10-17
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-10-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION TO ENFORCE MANDATE AND REQUEST FOR ATTORNEYS' FEES FROM APPELLANT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-09-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-14
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's August 23, 2023 order is amended to include the consolidated case numbers as follows: ORDERED that the appellant's August 21, 2023 motions to stay issuance of the mandate and for rehearing are denied.
|
|
| Docket Date |
2023-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEES' JOINT RESPONSE TO APPELLANT'S MOTION FORREHEARING AND MOTION TO STAY ISSUANCE OF MANDATE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-08-22
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC2023-1183
|
|
| Docket Date |
2023-08-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate ~ PENDING RULING ON MOTION FOR REHEARING OF AUGUST 10, 2023 ORDER DENYING MOTIONS TO DISQUALIFY AND DENYING MOTION TO STAY ISSUANCE OF MANDATE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SERVICE OF PETITION FOR WRIT OFPROHIBITION IN THE FLORIDA SUPREME COURT.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay Issuance of Mandate
|
| Description |
Order Denying Motion to Stay Issue Mandate ~ ORDERED that the appellant's August 7, 2023 motion to stay issuance of the mandate is denied.
|
|
| Docket Date |
2023-08-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S SUPPLEMENTAL MOTION TO DISQUALIFY
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ SUPPLEMENTAL MOTION TO DISQUALIFY
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ JOINT RESPONSE TO APPELLANT'S MOTION TODISQUALIFY JUDGE GERBER AND THE APPELLATE PANELAND TRANSFER THIS APPEAL TO A DIFFERENT COURT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees may respond to appellant's motion to transfer filed July 27, 2023, within five (5) days from the date of this order.
|
|
| Docket Date |
2023-07-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEES' JOINT NOTICE REGARDINGAPPELLANT'S MOTION TO DISQUALIFY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-07-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S MOTION TO DISQUALIFY JUDGEGERBER AND THE APPELLATE PANEL WHICH ISSUED THE PCA INTHESE CONSOLIDATED APPEALS AND RE-ASSIGNMENT TO THETHIRD DISTRICT COURT OF APPEAL
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-27
|
| Type |
Motions Other
|
| Subtype |
Motion to Transfer
|
| Description |
Motion To Transfer To Another Court ~ AND MOTION TO DISQUALIFY JUDGE GERBER AND THE APPELLATE PANEL WHICH ISSUED THE PCA IN THESE CONSOLIDATED APPEALS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's June 16, 2023 motion for rehearing, rehearing en banc, written opinion, and clarification is denied. Further,ORDERED that appellant’s June 16, 2023 “motion fo[r] rehearing as to June 15, 2023 appellate fee award to appellees” is denied. Further,ORDERED that appellant’s July 17, 2023 motion for leave to file reply is denied.
|
|
| Docket Date |
2023-07-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE REPLY TO APPELLEES' RESPONSES
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR LEAVE TO FILE REPLY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NANTUCKET, RESPONSE TO MOTION FORREHEARING AS TO JUNE 15, 2023 APPELLATE FEE AWARD
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'SMOTION FOR REHEARING, ET AL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ AS TO JUNE 15, 2023 APPELLATE FEE AWARD TO APPELLEES
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions ~ AGAINST APPELLEE NANTUCKET AND ITS COUNSEL ALAN ROSE AND GREGG WEISS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee Nantucket Enterprises, Inc.’s August 30, 2022 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s August 30, 2022 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2023-06-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF PENDING UNDECIDED FEE AND SANCTIONS MOTIONS
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ Ordered that appellees’ May 21, 2023 motion to strike notices of supplemental authority is granted as to notices filed on March 2, 2023, May 10, 2023, and May 17, 2023. A Notice of Supplemental Authority cannot be used to raise new issues nor to contain argument, which these notices do. The motion is denied as to the remaining notices of supplemental authority.
|
|
| Docket Date |
2023-05-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-05-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Deny Consolidation ~ Upon consideration of appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s December 23, 2022 response, it is ORDERED that appellant Maraist Law Firm, P.A.’s December 22, 2022 motion to consolidate is denied.
|
|
| Docket Date |
2023-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ OPPOSITION TO MOTION TO DISMISS 4D22-3390 AS NOTICE PENDING MOTIONS ARE RIPE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-01-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ W/4D22-3390
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellant's December 2, 2022 motion for leave to file reply is denied.
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INCORRECT FILING.
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (INCORRECT FILING- SEE CORRECTED RESPONSE FILED)PALM BEACH FLORIDA HOTEL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Nantucket Enterprises
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-02
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-30
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Deny EOT to file Response ~ ORDERED that appellee Nantucket Enterprises, Inc.'s November 7, 2022 motion for an extension of time or abatement of appellant's sanction motion is denied. The Court accepts Nantucket Enterprise, Inc.’s adoption of “the arguments raised by the other Appellees in the October 26, 2022, filing entitled Appellee's and Counsel's Response in Opposition to Appellant's Motion for Sanctions” as its response. Nantucket Enterprise, Inc. may file an additional response that does not restate the arguments raised by the other appellees within fourteen (14) days of the date of this order.
|
|
| Docket Date |
2022-11-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ ORABATEMENT OF APPELLANTS' SANCTIONS MOTION
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-10-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Palm Beach Florida Hotel and Office Building Limited Partnership ("PB Hotel"), and its counsel Timothy W. Schulz
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-09-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PALM BEACH HOTEL MOT. FOR ATTY. FEES.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-08-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED** NANTUCKET
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ NANTUCKET ENTERPRISES, INC.
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-08-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-08-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-07-28
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (234 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's July 13, 2022 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2022-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-07-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s July 13, 2022 motion to supplement.
|
|
| Docket Date |
2022-07-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellee Nantucket Enterprises, Inc.’s June 16, 2022 response and appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s June 21, 2022 response, it is ORDERED that appellant Maraist Law Firm, P.A.’s June 15, 2022 “Rule 9.310(f) Motion for Review of Trial Court June 10, 2022 Order Denying Rule 9.310(A) Motion” is denied. Further, upon consideration of appellees’ June 24, 2022 Joint Response, it is ORDERED that appellant’s June 22, 2022 “Motion to Exceed Rule 9.210(A)(2)(B) Limits, Motion to the Supplement Record on Appeal, Motion for Judicial Notice and Motion for Extension of Time” is denied, save for appellant’s request to supplement the record, which is denied without prejudice to appellant refiling a motion to supplement the record which specifically lists what was omitted from the record and what it seeks to supplement the record with. Appellant shall file the initial brief within thirty (30) days from the date of this order. Failure to comply with this order will result in dismissal of this appeal for lack of prosecution without further notice. Further,ORDERED that appellant Maraist Law Firm, P.A. is again cautioned against excessive and unnecessary motion practice, and advised that continued excessive and unnecessary motion practice may subject appellant to sanctions.
|
|
| Docket Date |
2022-06-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO EXCEED RULE 9.210(a)(2)(B) LIMITS, MOTION TO THE SUPPLEMENT RECORD ON APPEAL, MOTION FOR JUDICIAL NOTICE AND MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Palm Beach Florida Hotel and Office Building Limited Partnership
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REVIEW
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-05-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (846 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-05-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 486 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's April 25, 2022 order is amended to add the Clerk of the Circuit Court: Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership and Nantucket Enterprises, Inc.’s April 5, 2022 Joint Response and Maraist Law Firm, P.A.’s April 7, 2022 “Notice of Compliance with April 4, 2022 Order and Attachment of Trial Court Order Denying the Motion for Rehearing Rendering Motion to Consolidate Ripe,” it is ORDERED that Maraist Law Firm, P.A.’s April 4, 2022 Motion to Consolidate is granted, and case numbers 4D21-2871, 4D21-3579, 4D21-3580, and 4D22-900 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further,ORDERED that appellees’ April 5, 2022 joint request to shorten the briefing schedule is denied. Further, Upon consideration of Maraist Law Firm, P.A.’s April 4, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.’s March 31, 2022 Motion for Clarification or Modify Appellate Stay is granted in part as to the request for clarification and denied in part as to the request for modification. This court clarifies that there was an automatic stay of the money judgment orders per Florida Rule of Appellate Procedure 9.310(b)(1) and a stay of the writ of bodily attachment that were the subject of the contempt proceedings. This court did not impose a stay of the prevailing party fee proceedings between Nantucket Enterprises, Inc. and Palm Beach Florida Hotel and Office Building Limited Partnership. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 4, 2022 Amended Response and Nantucket Enterprises, Inc.’s April 4, 2022 Notice of Joinder with said Amended Response, it is ORDERED that Maraist Law Firm, P.A.’s April 1, 2022 “Motion for Order to Show Cause, for Removal of Counsel for Appellees and to Strike Appellee's March 31, 2022 Motions” is denied. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 5, 2022 Response and Nantucket Enterprises, Inc.’s April 7, 2022 Response, it is ORDERED that Maraist Law Firm, P.A.’s April 5, 2022 Motion to Supplement Record on Appeal is granted in part and denied in part. The material requested in the motion shall be included in the record on appeal except for the following materials: Docket Entry 3242: January 14, 2022 Notice of Taking Deposition; Docket Entry 3255: February 1, 2022 Notice of Taking Deposition; Docket Entry 3256: February 2, 2022 Subpoena Served on Maraist; Docket Entry 3269: February 24, 2022 Notice of Postponement of Deposition; Docket Entry 3271: March 7, 2022 Re-Notice of Taking Deposition; Docket Entry 3280: March 2, 2022 Notice of Filing Affidavit of Process Server; Docket Entry 3291: March 18, 2022 Supplemental Proffer through Notice of Filing Business Record Emails from December 3, 2021, through December 12, 2021, from Appellees' Counsels to Donnie Murrell and to Judge Coates Without Copy to Patrick Maraist; Docket Entry 3299: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol I; Docket Entry 3300: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol II; Docket Entry 3301: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge January-March 2022; Docket Entry 3302: April 4, 2022 Notice of Filing Documents Correspondence Exhibits Related to the Alan Rose and Timothy Schulz Manufactured Contempt, Bench Warrant and Removal of Patrick Maraist as Counsel for Maraist Law Firm December 2021; and Docket Entry 3298: April 1, 2022 Notice of Filing Nantucket's Three Re-Notice of Depositions of Maraist's Specifically Designated to Include upon Protected Confidential and Financial Records at Issue on the Pending Final Appeal and part. The material requeste
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership and Nantucket Enterprises, Inc.’s April 5, 2022 Joint Response and Maraist Law Firm, P.A.’s April 7, 2022 “Notice of Compliance with April 4, 2022 Order and Attachment of Trial Court Order Denying the Motion for Rehearing Rendering Motion to Consolidate Ripe,” it is ORDERED that Maraist Law Firm, P.A.’s April 4, 2022 Motion to Consolidate is granted, and case numbers 4D21-2871, 4D21-3579, 4D21-3580, and 4D22-900 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further, ORDERED that appellees’ April 5, 2022 joint request to shorten the briefing schedule is denied. Further, Upon consideration of Maraist Law Firm, P.A.’s April 4, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.’s March 31, 2022 Motion for Clarification or Modify Appellate Stay is granted in part as to the request for clarification and denied in part as to the request for modification. This court clarifies that there was an automatic stay of the money judgment orders per Florida Rule of Appellate Procedure 9.310(b)(1) and a stay of the writ of bodily attachment that were the subject of the contempt proceedings. This court did not impose a stay of the prevailing party fee proceedings between Nantucket Enterprises, Inc. and Palm Beach Florida Hotel and Office Building Limited Partnership. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 4, 2022 Amended Response and Nantucket Enterprises, Inc.’s April 4, 2022 Notice of Joinder with said Amended Response, it is ORDERED that Maraist Law Firm, P.A.’s April 1, 2022 “Motion for Order to Show Cause, for Removal of Counsel for Appellees and to Strike Appellee's March 31, 2022 Motions” is denied. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 5, 2022 Response and Nantucket Enterprises, Inc.’s April 7, 2022 Response, it is ORDERED that Maraist Law Firm, P.A.’s April 5, 2022 Motion to Supplement Record on Appeal is granted in part and denied in part. The material requested in the motion shall be included in the record on appeal except for the following materials: Docket Entry 3242: January 14, 2022 Notice of Taking Deposition; Docket Entry 3255: February 1, 2022 Notice of Taking Deposition; Docket Entry 3256: February 2, 2022 Subpoena Served on Maraist; Docket Entry 3269: February 24, 2022 Notice of Postponement of Deposition; Docket Entry 3271: March 7, 2022 Re-Notice of Taking Deposition; Docket Entry 3280: March 2, 2022 Notice of Filing Affidavit of Process Server; Docket Entry 3291: March 18, 2022 Supplemental Proffer through Notice of Filing Business Record Emails from December 3, 2021, through December 12, 2021, from Appellees' Counsels to Donnie Murrell and to Judge Coates Without Copy to Patrick Maraist; Docket Entry 3299: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol I; Docket Entry 3300: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol II; Docket Entry 3301: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge January-March 2022; Docket Entry 3302: April 4, 2022 Notice of Filing Documents Correspondence Exhibits Related to the Alan Rose and Timothy Schulz Manufactured Contempt, Bench Warrant and Removal of Patrick Maraist as Counsel for Maraist Law Firm December 2021; and Docket Entry 3298: April 1, 2022 Notice of Filing Nantucket's Three Re-Notice of Depositions of Maraist's Specifically Designated to Include upon Protected Confidential and Financial Records at Issue on the Pending Final Appeal and Procured through Improper Draconian and Subsequently Stayed Bench Warrants Requested by the Parties and Their Counsel. See Fla.
|
|
| Docket Date |
2022-04-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NANTUCKET ENTERPRISES, INC., RESPONSE TO MARAIST'S MOTION TO SUPPLEMENT RECORD ON APPEAL AND EXTENSION OF TIME FOR INITIAL BRIEF
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **AMENDED** IN OPPOSITION TO APPELLANT'SMOTION FOR ORDER TO SHOW CAUSE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-04
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CORRECTION AND CLARIFICATION TO PARAGRAPH 23 OF APPELLANT'S MOTION FOR ORDER TO SHOW CAUSE, FOR REMOVAL OF COUNSEL FOR APPELLEES and TO STRIKE APPELLEE'S MARCH 31, 2022 MOTIONS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-31
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ OR MODIFY APPELLATE STAY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ Upon consideration of appellee Nantucket Enterprises, Inc.’s March 14, 2022 response and appellant’s March 15, 2022 response, it is ORDERED that Bresky Law’s motion to withdraw as counsel is granted. Patrick Maraist, Esq. is the appellate counsel for appellant. See Carnival Corp. v. Beverly, 744 So. 2d 489, 495 (Fla. 1st DCA 1999) (“[W]hile Florida courts lack the authority to suspend an attorney from the practice of law, they possess the inherent contempt power to sanction an attorney by the removal of that attorney as counsel in the case in which the conduct occurred.”). Further, upon consideration of appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s March 7, 2022 response, it isORDERED that appellant’s March 7, 2022 “Motion for Order to Allow Co-Counsel for Appellant to Withdraw as Counsel” is denied as moot. Further, upon consideration of appellant's March 16, 2022 response, it is ORDERED that appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s March 1, 2022 motion/request for judicial notice is granted.
|
|
| Docket Date |
2022-03-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR JUDICIAL NOTICE.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-14
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-09
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Ord-Denying Clarification ~ Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership’s February 14, 2022 response and Maraist Law Firm, P.A.’s February 15, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.’s February 14, 2022 motion for clarification is denied.
|
|
| Docket Date |
2022-03-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ MARAIST LAW FIRM
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ PALM BEACH FLORIDA HOTEL AND OFFICE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-08
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ Upon consideration of appellee Nantucket Enterprises, Inc.'s February 8, 2022 response and appellee Palm Beach Florida Hotel and Office Building Limited Partnership's February 8, 2022 response, it is ORDERED that appellant's February 3, 2022 motion for rehearing is granted. This court's January 31, 2022 order is vacated. Further, ORDERED that, upon consideration of appellant’s January 7, 2022 jurisdictional brief, appellee Nantucket Enterprises, Inc.’s January 11, 2022 amended response, and appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s January 12, 2022 amended response, this appeal shall proceed. See Fla. R. App. P. 9.110(h), 9.130(h); Clearwater Fed. Sav. & Loan Ass'n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976). Further, upon consideration of appellees’ December 28, 2021 joint response, it is ORDERED that appellant’s December 27, 2021 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further, upon consideration of appellant’s February 3, 2022 motion for rehearing, which this court treats as a response to Nantucket Enterprises, Inc.’s January 28, 2022 motion for temporary stay, it is ORDERED that appellee’s motion for temporary stay is denied. Per this court's December 22, 2021 order, a stay has been granted to the extent necessary to enforce the automatic stay obtained pursuant to Florida Rule of Appellate Procedure 9.310(b)(1). Further, upon consideration of the appellees’ December 28, 2021 joint response, it is ORDERED that appellant’s December 27, 2021 request for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. 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 February 3, 2022 request for stay is denied as moot. See Fla. R. App. P. 9.310(b)(1).
|
|
| Docket Date |
2022-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ AMENDED TRIAL COURTORDER OF FEBRUARY 4, ACCELERATING THE CRITICAL DATEFOR THE TIME-SENSITIVE FEBRUARY 3 MOTION FORRECONSIDERATION AND STAY OF CONTEMPT PROCEEDINGS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-01-31
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's January 31, 2022 order is amended as follows: ORDERED that, upon consideration of appellant’s January 7, 2022 jurisdictional brief, appellee Nantucket Enterprises, Inc.’s January 11, 2022 amended response, and appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s January 12, 2022 amended response, this appeal shall proceed. See Fla. R. App. P. 9.110(h), 9.130(h); Clearwater Fed. Sav. & Loan Ass'n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976). Further, upon consideration of appellees’ December 28, 2021 joint response, it is ORDERED that appellant’s December 27, 2021 motion to consolidate is granted, and the above–styled case numbers are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further, ORDERED that appellee Nantucket Enterprises, Inc.’s January 28, 2022 motion for temporary stay is granted, and this appeal is stayed pending entry of the final order that is the subject of the trial court’s February 11, 2022 hearing. Further, upon consideration of the appellees’ December 28, 2021 joint response, it isORDERED that appellant’s December 27, 2021 request for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the entry of the final order subject to the February 11, 2022 hearing. 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.
|
|
| Docket Date |
2022-01-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-01-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STAY
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-01-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***AMENDED*** PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-01-12
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-01-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee Palm Beach Florida Hotel and Office Building Limited Partnership's January 11, 2022 response and appendix to response are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service do not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-01-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **STRICKEN** PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-01-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Nantucket Enterprises, Inc.'s AMENDED response to appellant's statement on jurisdiction
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-12-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-01-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-01-07
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-28
|
| 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 December 17, 2021 order is an appealable nonfinal order and how the December 21, 2021 order is an appealable nonfinal order, as it appears to deny a motion for rehearing of a nonfinal order. See Fla. R. App. P. 9.130(a); Fla. Highway Patrol v. Jackson, 288 So. 3d 1179 (Fla. 2020) (holding that Florida Rule of Appellate Procedure 9.130 contains an exclusive list of appealable orders); Agere Sys. Inc. v. All Am. Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) ("An order that simply denies a motion for rehearing of an underlying nonfinal order, is not itself an appealable order."). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ w/ 21-2871 and 21-3579
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-12-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-22
|
| 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 |
2021-12-21
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ Order on Attempted Purge
|
|
| Docket Date |
2021-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
|
|
MARAIST LAW FIRM, P.A. VS PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP and NANTUCKET ENTERPRISES, INC.
|
4D2021-3579
|
2021-12-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA039646
|
Parties
| Name |
MARAIST LAW FIRM, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Patrick W. Maraist
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alan Benjamin Rose, Timothy W. Schulz
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
9999-02-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ ***4D21-2871, 4D21-3579 AND 4D21-3580 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 4D21-2871 FOR ALL FUTURE DOCKET ENTRIES.***
|
|
| Docket Date |
2023-12-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2023-14387 Supreme Court Order Dismissed
|
|
| Docket Date |
2023-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
JOINT RESPONSE TO MOTION TO STRIKE
|
|
| Docket Date |
2023-12-04
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
|
| Docket Date |
2023-12-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
|
| Docket Date |
2023-12-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Motion for Rehearing
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO LATEST MOTION FOR REHEARING BY APPELLANT
|
|
| Docket Date |
2023-12-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
MOTION FOR REHEARING OR CLARIFICATION OF NOVEMBER 15, 2023 ORDER GRANTING APPELLEES' MOTION REQUEST FOR POST JUDGMENT INTEREST
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-11-15
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Order on Miscellaneous Motion
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2023-1437 Supreme Court Order
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF SERVICE OF CORRECTED PETITION FOR WRIT OF PROHIBITION AND APPENDIX IN THE FLORIDA SUPREME COURT
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-10-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF SERVICE OF PETITION FOR WRIT OF PROHIBITION IN THE FLORIDA SUPREME COURT
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-10-17
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-10-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION TO ENFORCE MANDATE AND REQUEST FOR ATTORNEYS' FEES FROM APPELLANT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-09-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-14
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's August 23, 2023 order is amended to include the consolidated case numbers as follows: ORDERED that the appellant's August 21, 2023 motions to stay issuance of the mandate and for rehearing are denied.
|
|
| Docket Date |
2023-08-22
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC2023-1183
|
|
| Docket Date |
2023-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEES' JOINT RESPONSE TO APPELLANT'S MOTION FORREHEARING AND MOTION TO STAY ISSUANCE OF MANDATE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-08-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate ~ PENDING RULING ON MOTION FOR REHEARING OF AUGUST 10, 2023 ORDER DENYING MOTIONS TO DISQUALIFY AND DENYING MOTION TO STAY ISSUANCE OF MANDATE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SERVICE OF PETITION FOR WRIT OFPROHIBITION IN THE FLORIDA SUPREME COURT.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant's July 27, 2023 motion to disqualify and reassignment to another court is denied. Further,ORDERED that appellant’s August 7, 2023 supplemental motion is denied.
|
|
| Docket Date |
2023-08-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ SUPPLEMENTAL MOTION TO DISQUALIFY
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S SUPPLEMENTAL MOTION TO DISQUALIFY
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ JOINT RESPONSE TO APPELLANT'S MOTION TODISQUALIFY JUDGE GERBER AND THE APPELLATE PANELAND TRANSFER THIS APPEAL TO A DIFFERENT COURT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees may respond to appellant's motion to transfer filed July 27, 2023, within five (5) days from the date of this order.
|
|
| Docket Date |
2023-07-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEES' JOINT NOTICE REGARDINGAPPELLANT'S MOTION TO DISQUALIFY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-07-27
|
| Type |
Motions Other
|
| Subtype |
Motion to Transfer
|
| Description |
Motion To Transfer To Another Court ~ AND MOTION TO DISQUALIFY JUDGE GERBER AND THE APPELLATE PANEL WHICH ISSUED THE PCA IN THESE CONSOLIDATED APPEALS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S MOTION TO DISQUALIFY JUDGEGERBER AND THE APPELLATE PANEL WHICH ISSUED THE PCA INTHESE CONSOLIDATED APPEALS AND RE-ASSIGNMENT TO THETHIRD DISTRICT COURT OF APPEAL
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's June 16, 2023 motion for rehearing, rehearing en banc, written opinion, and clarification is denied. Further,ORDERED that appellant’s June 16, 2023 “motion fo[r] rehearing as to June 15, 2023 appellate fee award to appellees” is denied. Further,ORDERED that appellant’s July 17, 2023 motion for leave to file reply is denied.
|
|
| Docket Date |
2023-07-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE REPLY TO APPELLEES' RESPONSES
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR LEAVE TO FILE REPLY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-07-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NANTUCKET, RESPONSE TO MOTION FORREHEARING AS TO JUNE 15, 2023 APPELLATE FEE AWARD
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'SMOTION FOR REHEARING AS TO JUNE 15, 2023APPELLATE FEE AWARD TO APPELLEES
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ AS TO JUNE 15, 2023 APPELLATE FEE AWARD TO APPELLEES
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s September 30, 2022 “Rule 9.400(b) motion to recover contractual appellate attorney’s fees from appellee Nantucket” is denied.
|
|
| Docket Date |
2023-06-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF PENDING UNDECIDED FEE AND SANCTIONS MOTIONS
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ Ordered that appellees’ May 21, 2023 motion to strike notices of supplemental authority is granted as to notices filed on March 2, 2023, May 10, 2023, and May 17, 2023. A Notice of Supplemental Authority cannot be used to raise new issues nor to contain argument, which these notices do. The motion is denied as to the remaining notices of supplemental authority.
|
|
| Docket Date |
2023-05-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-05-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Deny Consolidation ~ Upon consideration of appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s December 23, 2022 response, it is ORDERED that appellant Maraist Law Firm, P.A.’s December 22, 2022 motion to consolidate is denied.
|
|
| Docket Date |
2023-01-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ OPPOSITION TO MOTION TO DISMISS 4D22-3390 AS NOTICE PENDING MOTIONS ARE RIPE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ W/4D22-3390
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellant's December 2, 2022 motion for leave to file reply is denied.
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INCORRECT FILING.
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (INCORRECT FILING- SEE CORRECTED RESPONSE FILED)PALM BEACH FLORIDA HOTEL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-02
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Nantucket Enterprises
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-30
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Deny EOT to file Response ~ ORDERED that appellee Nantucket Enterprises, Inc.'s November 7, 2022 motion for an extension of time or abatement of appellant's sanction motion is denied. The Court accepts Nantucket Enterprise, Inc.’s adoption of “the arguments raised by the other Appellees in the October 26, 2022, filing entitled Appellee's and Counsel's Response in Opposition to Appellant's Motion for Sanctions” as its response. Nantucket Enterprise, Inc. may file an additional response that does not restate the arguments raised by the other appellees within fourteen (14) days of the date of this order.
|
|
| Docket Date |
2022-11-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ ORABATEMENT OF APPELLANTS' SANCTIONS MOTION
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-10-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Palm Beach Florida Hotel and Office Building Limited Partnership ("PB Hotel"), and its counsel Timothy W. Schulz
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions ~ AGAINST APPELLEE NANTUCKET AND ITS COUNSEL ALAN ROSE AND GREGG WEISS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PALM BEACH HOTEL MOT. FOR ATTY. FEES.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-08-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED** NANTUCKET
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-08-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-08-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-07-28
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (234 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's July 13, 2022 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2022-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-07-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s July 13, 2022 motion to supplement.
|
|
| Docket Date |
2022-07-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ OF APPELLEE, NANTUCKET, IN PB HOTEL'SAMENDED RESPONSE IN OPPOSITION TOAPPELLANT'S MOTION FOR ORDER TO SHOW CAUSE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-04
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **AMENDED RESPONSE FILED** IN OPPOSITION TO APPELLANT'SMOTION FOR ORDER TO SHOW CAUSE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-31
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ OR MODIFY APPELLATE STAY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-12-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellee Nantucket Enterprises, Inc.’s June 16, 2022 response and appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s June 21, 2022 response, it is ORDERED that appellant Maraist Law Firm, P.A.’s June 15, 2022 “Rule 9.310(f) Motion for Review of Trial Court June 10, 2022 Order Denying Rule 9.310(A) Motion” is denied. Further, upon consideration of appellees’ June 24, 2022 Joint Response, it is ORDERED that appellant’s June 22, 2022 “Motion to Exceed Rule 9.210(A)(2)(B) Limits, Motion to the Supplement Record on Appeal, Motion for Judicial Notice and Motion for Extension of Time” is denied, save for appellant’s request to supplement the record, which is denied without prejudice to appellant refiling a motion to supplement the record which specifically lists what was omitted from the record and what it seeks to supplement the record with. Appellant shall file the initial brief within thirty (30) days from the date of this order. Failure to comply with this order will result in dismissal of this appeal for lack of prosecution without further notice. Further,ORDERED that appellant Maraist Law Firm, P.A. is again cautioned against excessive and unnecessary motion practice, and advised that continued excessive and unnecessary motion practice may subject appellant to sanctions.
|
|
| Docket Date |
2022-06-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO EXCEED RULE 9.210(a)(2)(B) LIMITS, MOTION TO THE SUPPLEMENT RECORD ON APPEAL, MOTION FOR JUDICIAL NOTICE AND MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Palm Beach Florida Hotel and Office Building Limited Partnership
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REVIEW
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-05-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (846 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-05-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 486 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's April 25, 2022 order is amended to add the Clerk of the Circuit Court: Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership and Nantucket Enterprises, Inc.’s April 5, 2022 Joint Response and Maraist Law Firm, P.A.’s April 7, 2022 “Notice of Compliance with April 4, 2022 Order and Attachment of Trial Court Order Denying the Motion for Rehearing Rendering Motion to Consolidate Ripe,” it is ORDERED that Maraist Law Firm, P.A.’s April 4, 2022 Motion to Consolidate is granted, and case numbers 4D21-2871, 4D21-3579, 4D21-3580, and 4D22-900 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further,ORDERED that appellees’ April 5, 2022 joint request to shorten the briefing schedule is denied. Further, Upon consideration of Maraist Law Firm, P.A.’s April 4, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.’s March 31, 2022 Motion for Clarification or Modify Appellate Stay is granted in part as to the request for clarification and denied in part as to the request for modification. This court clarifies that there was an automatic stay of the money judgment orders per Florida Rule of Appellate Procedure 9.310(b)(1) and a stay of the writ of bodily attachment that were the subject of the contempt proceedings. This court did not impose a stay of the prevailing party fee proceedings between Nantucket Enterprises, Inc. and Palm Beach Florida Hotel and Office Building Limited Partnership. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 4, 2022 Amended Response and Nantucket Enterprises, Inc.’s April 4, 2022 Notice of Joinder with said Amended Response, it is ORDERED that Maraist Law Firm, P.A.’s April 1, 2022 “Motion for Order to Show Cause, for Removal of Counsel for Appellees and to Strike Appellee's March 31, 2022 Motions” is denied. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 5, 2022 Response and Nantucket Enterprises, Inc.’s April 7, 2022 Response, it is ORDERED that Maraist Law Firm, P.A.’s April 5, 2022 Motion to Supplement Record on Appeal is granted in part and denied in part. The material requested in the motion shall be included in the record on appeal except for the following materials: Docket Entry 3242: January 14, 2022 Notice of Taking Deposition; Docket Entry 3255: February 1, 2022 Notice of Taking Deposition; Docket Entry 3256: February 2, 2022 Subpoena Served on Maraist; Docket Entry 3269: February 24, 2022 Notice of Postponement of Deposition; Docket Entry 3271: March 7, 2022 Re-Notice of Taking Deposition; Docket Entry 3280: March 2, 2022 Notice of Filing Affidavit of Process Server; Docket Entry 3291: March 18, 2022 Supplemental Proffer through Notice of Filing Business Record Emails from December 3, 2021, through December 12, 2021, from Appellees' Counsels to Donnie Murrell and to Judge Coates Without Copy to Patrick Maraist; Docket Entry 3299: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol I; Docket Entry 3300: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol II; Docket Entry 3301: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge January-March 2022; Docket Entry 3302: April 4, 2022 Notice of Filing Documents Correspondence Exhibits Related to the Alan Rose and Timothy Schulz Manufactured Contempt, Bench Warrant and Removal of Patrick Maraist as Counsel for Maraist Law Firm December 2021; and Docket Entry 3298: April 1, 2022 Notice of Filing Nantucket's Three Re-Notice of Depositions of Maraist's Specifically Designated to Include upon Protected Confidential and Financial Records at Issue on the Pending Final Appeal and part. The material requeste
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership and Nantucket Enterprises, Inc.’s April 5, 2022 Joint Response and Maraist Law Firm, P.A.’s April 7, 2022 “Notice of Compliance with April 4, 2022 Order and Attachment of Trial Court Order Denying the Motion for Rehearing Rendering Motion to Consolidate Ripe,” it is ORDERED that Maraist Law Firm, P.A.’s April 4, 2022 Motion to Consolidate is granted, and case numbers 4D21-2871, 4D21-3579, 4D21-3580, and 4D22-900 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further, ORDERED that appellees’ April 5, 2022 joint request to shorten the briefing schedule is denied. Further, Upon consideration of Maraist Law Firm, P.A.’s April 4, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.’s March 31, 2022 Motion for Clarification or Modify Appellate Stay is granted in part as to the request for clarification and denied in part as to the request for modification. This court clarifies that there was an automatic stay of the money judgment orders per Florida Rule of Appellate Procedure 9.310(b)(1) and a stay of the writ of bodily attachment that were the subject of the contempt proceedings. This court did not impose a stay of the prevailing party fee proceedings between Nantucket Enterprises, Inc. and Palm Beach Florida Hotel and Office Building Limited Partnership. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 4, 2022 Amended Response and Nantucket Enterprises, Inc.’s April 4, 2022 Notice of Joinder with said Amended Response, it is ORDERED that Maraist Law Firm, P.A.’s April 1, 2022 “Motion for Order to Show Cause, for Removal of Counsel for Appellees and to Strike Appellee's March 31, 2022 Motions” is denied. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 5, 2022 Response and Nantucket Enterprises, Inc.’s April 7, 2022 Response, it is ORDERED that Maraist Law Firm, P.A.’s April 5, 2022 Motion to Supplement Record on Appeal is granted in part and denied in part. The material requested in the motion shall be included in the record on appeal except for the following materials: Docket Entry 3242: January 14, 2022 Notice of Taking Deposition; Docket Entry 3255: February 1, 2022 Notice of Taking Deposition; Docket Entry 3256: February 2, 2022 Subpoena Served on Maraist; Docket Entry 3269: February 24, 2022 Notice of Postponement of Deposition; Docket Entry 3271: March 7, 2022 Re-Notice of Taking Deposition; Docket Entry 3280: March 2, 2022 Notice of Filing Affidavit of Process Server; Docket Entry 3291: March 18, 2022 Supplemental Proffer through Notice of Filing Business Record Emails from December 3, 2021, through December 12, 2021, from Appellees' Counsels to Donnie Murrell and to Judge Coates Without Copy to Patrick Maraist; Docket Entry 3299: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol I; Docket Entry 3300: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol II; Docket Entry 3301: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge January-March 2022; Docket Entry 3302: April 4, 2022 Notice of Filing Documents Correspondence Exhibits Related to the Alan Rose and Timothy Schulz Manufactured Contempt, Bench Warrant and Removal of Patrick Maraist as Counsel for Maraist Law Firm December 2021; and Docket Entry 3298: April 1, 2022 Notice of Filing Nantucket's Three Re-Notice of Depositions of Maraist's Specifically Designated to Include upon Protected Confidential and Financial Records at Issue on the Pending Final Appeal and Procured through Improper Draconian and Subsequently Stayed Bench Warrants Requested by the Parties and Their Counsel. See Fla.
|
|
| Docket Date |
2022-04-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NANTUCKET ENTERPRISES, INC., RESPONSE TO MARAIST'S MOTION TO SUPPLEMENT RECORD ON APPEAL AND EXTENSION OF TIME FOR INITIAL BRIEF
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ Upon consideration of appellee Nantucket Enterprises, Inc.’s March 14, 2022 response and appellant’s March 15, 2022 response, it is ORDERED that Bresky Law’s motion to withdraw as counsel is granted. Patrick Maraist, Esq. is the appellate counsel for appellant. See Carnival Corp. v. Beverly, 744 So. 2d 489, 495 (Fla. 1st DCA 1999) (“[W]hile Florida courts lack the authority to suspend an attorney from the practice of law, they possess the inherent contempt power to sanction an attorney by the removal of that attorney as counsel in the case in which the conduct occurred.”). Further, upon consideration of appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s March 7, 2022 response, it isORDERED that appellant’s March 7, 2022 “Motion for Order to Allow Co-Counsel for Appellant to Withdraw as Counsel” is denied as moot. Further, upon consideration of appellant's March 16, 2022 response, it is ORDERED that appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s March 1, 2022 motion/request for judicial notice is granted.
|
|
| Docket Date |
2022-03-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR JUDICIAL NOTICE.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-14
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-09
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Ord-Denying Clarification ~ Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership’s February 14, 2022 response and Maraist Law Firm, P.A.’s February 15, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.’s February 14, 2022 motion for clarification is denied.
|
|
| Docket Date |
2022-03-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ MARAIST LAW FIRM
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ PALM BEACH FLORIDA HOTEL AND OFFICE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-08
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ Upon consideration of appellee Nantucket Enterprises, Inc.'s February 8, 2022 response and appellee Palm Beach Florida Hotel and Office Building Limited Partnership's February 8, 2022 response, it is ORDERED that appellant's February 3, 2022 motion for rehearing is granted. This court's January 31, 2022 order is vacated. Further, ORDERED that, upon consideration of appellant’s January 7, 2022 jurisdictional brief, appellee Nantucket Enterprises, Inc.’s January 11, 2022 amended response, and appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s January 12, 2022 amended response, this appeal shall proceed. See Fla. R. App. P. 9.110(h), 9.130(h); Clearwater Fed. Sav. & Loan Ass'n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976). Further, upon consideration of appellees’ December 28, 2021 joint response, it is ORDERED that appellant’s December 27, 2021 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further, upon consideration of appellant’s February 3, 2022 motion for rehearing, which this court treats as a response to Nantucket Enterprises, Inc.’s January 28, 2022 motion for temporary stay, it is ORDERED that appellee’s motion for temporary stay is denied. Per this court's December 22, 2021 order, a stay has been granted to the extent necessary to enforce the automatic stay obtained pursuant to Florida Rule of Appellate Procedure 9.310(b)(1). Further, upon consideration of the appellees’ December 28, 2021 joint response, it is ORDERED that appellant’s December 27, 2021 request for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. 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 February 3, 2022 request for stay is denied as moot. See Fla. R. App. P. 9.310(b)(1).
|
|
| Docket Date |
2022-02-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ AMENDED TRIAL COURTORDER OF FEBRUARY 4, ACCELERATING THE CRITICAL DATEFOR THE TIME-SENSITIVE FEBRUARY 3 MOTION FORRECONSIDERATION AND STAY OF CONTEMPT PROCEEDINGS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-01-31
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's January 31, 2022 order is amended as follows: ORDERED that, upon consideration of appellant’s January 7, 2022 jurisdictional brief, appellee Nantucket Enterprises, Inc.’s January 11, 2022 amended response, and appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s January 12, 2022 amended response, this appeal shall proceed. See Fla. R. App. P. 9.110(h), 9.130(h); Clearwater Fed. Sav. & Loan Ass'n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976). Further, upon consideration of appellees’ December 28, 2021 joint response, it is ORDERED that appellant’s December 27, 2021 motion to consolidate is granted, and the above–styled case numbers are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further, ORDERED that appellee Nantucket Enterprises, Inc.’s January 28, 2022 motion for temporary stay is granted, and this appeal is stayed pending entry of the final order that is the subject of the trial court’s February 11, 2022 hearing. Further, upon consideration of the appellees’ December 28, 2021 joint response, it isORDERED that appellant’s December 27, 2021 request for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the entry of the final order subject to the February 11, 2022 hearing. 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.
|
|
| Docket Date |
2022-01-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STAY
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-01-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-22
|
| 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 |
2021-12-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-12-21
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ Order Denying Motion for Rehearing
|
|
| Docket Date |
2021-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
|
|
MARAIST LAW FIRM, P.A., Appellant(s) v. NANTUCKET ENTERPRISES, INC., PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP, Appellee(s).
|
4D2021-2871
|
2021-10-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA039646
|
Parties
| Name |
MARAIST LAW FIRM, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Patrick W. Maraist
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gregory Scott Weiss, Alan Benjamin Rose, Timothy W. Schulz
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-02-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ ***4D21-2871 4D21-3579, 4D21-3580 AND 22-900 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 4D21-2871 FOR ALL FUTURE DOCKET ENTRIES.***
|
|
| Docket Date |
2023-12-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2023-14387 Supreme Court Order Dismissed
|
|
| Docket Date |
2023-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
JOINT RESPONSE TO MOTION TO STRIKE
|
|
| Docket Date |
2023-12-04
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
|
| Docket Date |
2023-12-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
|
| Docket Date |
2023-12-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Motion for Rehearing
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO LATEST MOTION FOR REHEARING BY APPELLANT
|
|
| Docket Date |
2023-12-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
MOTION FOR REHEARING OR CLARIFICATION OF NOVEMBER 15, 2023 ORDER GRANTING APPELLEES' MOTION REQUEST FOR POST JUDGMENT INTEREST
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-11-15
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Order on Miscellaneous Motion
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2023-1437 Supreme Court Order
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF SERVICE OF CORRECTED PETITION FOR WRIT OF PROHIBITION AND APPENDIX IN THE FLORIDA SUPREME COURT
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-10-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF SERVICE OF PETITION FOR WRIT OF PROHIBITION IN THE FLORIDA SUPREME COURT
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-10-17
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-10-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION TO ENFORCE MANDATE AND REQUEST FOR ATTORNEYS' FEES FROM APPELLANT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-09-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-14
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order
|
|
| Docket Date |
2023-08-24
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's August 23, 2023 order is amended to include the consolidated case numbers as follows: ORDERED that the appellant's August 21, 2023 motions to stay issuance of the mandate and for rehearing are denied.
|
|
| Docket Date |
2023-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay Issuance of Mandate
|
| Description |
Order Denying Motion to Stay Issue Mandate ~ ORDERED that the appellant's August 21, 2023 motions to stay issuance of the mandate and for rehearing are denied.
|
|
| Docket Date |
2023-08-22
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC2023-1183
|
|
| Docket Date |
2023-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEES' JOINT RESPONSE TO APPELLANT'S MOTION FORREHEARING AND MOTION TO STAY ISSUANCE OF MANDATE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-08-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ OF AUGUST 10, 2023 ORDERS DENYING MOTION AND SUPPLEMENTAL MOTION TO DISQUALIFY JUDGE GERBER AND THE COURT AND DENYING MOTION TO STAY ISSUANCE OF MANDATE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SERVICE OF PETITION FOR WRIT OFPROHIBITION IN THE FLORIDA SUPREME COURT.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay Issuance of Mandate
|
| Description |
Order Denying Motion to Stay Issue Mandate ~ ORDERED that the appellant's August 7, 2023 motion to stay issuance of the mandate is denied.
|
|
| Docket Date |
2023-08-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ SUPPLEMENTAL MOTION TO DISQUALIFY
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S SUPPLEMENTAL MOTION TO DISQUALIFY
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-08-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ JOINT RESPONSE TO APPELLANT'S MOTION TODISQUALIFY JUDGE GERBER AND THE APPELLATE PANELAND TRANSFER THIS APPEAL TO A DIFFERENT COURT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees may respond to appellant's motion to transfer filed July 27, 2023, within five (5) days from the date of this order.
|
|
| Docket Date |
2023-07-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEES' JOINT NOTICE REGARDINGAPPELLANT'S MOTION TO DISQUALIFY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-07-27
|
| Type |
Motions Other
|
| Subtype |
Motion to Transfer
|
| Description |
Motion To Transfer To Another Court ~ AND MOTION TO DISQUALIFY JUDGE GERBER AND THE APPELLATE PANEL WHICH ISSUED THE PCA IN THESE CONSOLIDATED APPEALS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S MOTION TO DISQUALIFY JUDGEGERBER AND THE APPELLATE PANEL WHICH ISSUED THE PCA INTHESE CONSOLIDATED APPEALS AND RE-ASSIGNMENT TO THETHIRD DISTRICT COURT OF APPEAL
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's June 16, 2023 motion for rehearing, rehearing en banc, written opinion, and clarification is denied. Further,ORDERED that appellant’s June 16, 2023 “motion fo[r] rehearing as to June 15, 2023 appellate fee award to appellees” is denied. Further,ORDERED that appellant’s July 17, 2023 motion for leave to file reply is denied.
|
|
| Docket Date |
2023-07-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-07-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR LEAVE TO FILE REPLY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-07-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE REPLY TO APPELLEES' RESPONSES
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NANTUCKET, RESPONSE TO MARAIST'SMOTION FOR REHEARING, REHEARING EN BANC, ISSUANCEOF A WRITTEN OPINION, AND MOTION FOR CLARIFICATION
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'SMOTION FOR REHEARING AS TO JUNE 15, 2023APPELLATE FEE AWARD TO APPELLEES
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ AS TO JUNE 15, 2023 APPELLATE FEE AWARD TO APPELLEES
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee Nantucket Enterprises, Inc.’s August 30, 2022 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s August 30, 2022 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2023-06-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF PENDING UNDECIDED FEE AND SANCTIONS MOTIONS
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ Ordered that appellees’ May 21, 2023 motion to strike notices of supplemental authority is granted as to notices filed on March 2, 2023, May 10, 2023, and May 17, 2023. A Notice of Supplemental Authority cannot be used to raise new issues nor to contain argument, which these notices do. The motion is denied as to the remaining notices of supplemental authority.
|
|
| Docket Date |
2023-05-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-05-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Deny Consolidation ~ Upon consideration of appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s December 23, 2022 response, it is ORDERED that appellant Maraist Law Firm, P.A.’s December 22, 2022 motion to consolidate is denied.
|
|
| Docket Date |
2023-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ OPPOSITION TO MOTION TO DISMISS 4D22-3390 AS NOTICE PENDING MOTIONS ARE RIPE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2023-01-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ W/4D22-3390
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellant's December 2, 2022 motion for leave to file reply is denied.
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INCORRECT FILING.
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (CORRECTED RESPONSE)Palm Beach Florida Hotel and Office Building
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Nantucket Enterprises
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-12-02
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-12-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-30
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Deny EOT to file Response ~ ORDERED that appellee Nantucket Enterprises, Inc.'s November 7, 2022 motion for an extension of time or abatement of appellant's sanction motion is denied. The Court accepts Nantucket Enterprise, Inc.’s adoption of “the arguments raised by the other Appellees in the October 26, 2022, filing entitled Appellee's and Counsel's Response in Opposition to Appellant's Motion for Sanctions” as its response. Nantucket Enterprise, Inc. may file an additional response that does not restate the arguments raised by the other appellees within fourteen (14) days of the date of this order.
|
|
| Docket Date |
2022-11-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ ORABATEMENT OF APPELLANTS' SANCTIONS MOTION
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-10-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Palm Beach Florida Hotel and Office Building Limited Partnership ("PB Hotel"), and its counsel Timothy W. Schulz
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions ~ AGAINST APPELLEE HOTEL AND ITS COUNSEL TIMOTHY SCHULZ
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-09-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PALM BEACH HOTEL MOT. FOR ATTY. FEES.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-08-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED** Palm Beach Florida Hotel
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ NANTUCKET ENTERPRISES, INC.
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-08-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-08-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-07-28
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (234 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's July 13, 2022 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2022-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-07-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s July 13, 2022 motion to supplement.
|
|
| Docket Date |
2022-07-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ OF APPELLEE, NANTUCKET, IN PB HOTEL'SAMENDED RESPONSE IN OPPOSITION TOAPPELLANT'S MOTION FOR ORDER TO SHOW CAUSE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-04
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-31
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ OR MODIFY APPELLATE STAY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that appellee’s October 7, 2021 motion to strike is denied.
|
|
| Docket Date |
2022-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellee Nantucket Enterprises, Inc.’s June 16, 2022 response and appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s June 21, 2022 response, it is ORDERED that appellant Maraist Law Firm, P.A.’s June 15, 2022 “Rule 9.310(f) Motion for Review of Trial Court June 10, 2022 Order Denying Rule 9.310(A) Motion” is denied. Further, upon consideration of appellees’ June 24, 2022 Joint Response, it is ORDERED that appellant’s June 22, 2022 “Motion to Exceed Rule 9.210(A)(2)(B) Limits, Motion to the Supplement Record on Appeal, Motion for Judicial Notice and Motion for Extension of Time” is denied, save for appellant’s request to supplement the record, which is denied without prejudice to appellant refiling a motion to supplement the record which specifically lists what was omitted from the record and what it seeks to supplement the record with. Appellant shall file the initial brief within thirty (30) days from the date of this order. Failure to comply with this order will result in dismissal of this appeal for lack of prosecution without further notice. Further,ORDERED that appellant Maraist Law Firm, P.A. is again cautioned against excessive and unnecessary motion practice, and advised that continued excessive and unnecessary motion practice may subject appellant to sanctions.
|
|
| Docket Date |
2022-06-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO EXCEED RULE 9.210(a)(2)(B) LIMITS, MOTION TO THE SUPPLEMENT RECORD ON APPEAL, MOTION FOR JUDICIAL NOTICE AND MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Palm Beach Florida Hotel and Office Building Limited Partnership
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REVIEW
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-05-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (846 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-05-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 486 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's April 25, 2022 order is amended to add the Clerk of the Circuit Court: Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership and Nantucket Enterprises, Inc.’s April 5, 2022 Joint Response and Maraist Law Firm, P.A.’s April 7, 2022 “Notice of Compliance with April 4, 2022 Order and Attachment of Trial Court Order Denying the Motion for Rehearing Rendering Motion to Consolidate Ripe,” it is ORDERED that Maraist Law Firm, P.A.’s April 4, 2022 Motion to Consolidate is granted, and case numbers 4D21-2871, 4D21-3579, 4D21-3580, and 4D22-900 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further,ORDERED that appellees’ April 5, 2022 joint request to shorten the briefing schedule is denied. Further, Upon consideration of Maraist Law Firm, P.A.’s April 4, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.’s March 31, 2022 Motion for Clarification or Modify Appellate Stay is granted in part as to the request for clarification and denied in part as to the request for modification. This court clarifies that there was an automatic stay of the money judgment orders per Florida Rule of Appellate Procedure 9.310(b)(1) and a stay of the writ of bodily attachment that were the subject of the contempt proceedings. This court did not impose a stay of the prevailing party fee proceedings between Nantucket Enterprises, Inc. and Palm Beach Florida Hotel and Office Building Limited Partnership. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 4, 2022 Amended Response and Nantucket Enterprises, Inc.’s April 4, 2022 Notice of Joinder with said Amended Response, it is ORDERED that Maraist Law Firm, P.A.’s April 1, 2022 “Motion for Order to Show Cause, for Removal of Counsel for Appellees and to Strike Appellee's March 31, 2022 Motions” is denied. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 5, 2022 Response and Nantucket Enterprises, Inc.’s April 7, 2022 Response, it is ORDERED that Maraist Law Firm, P.A.’s April 5, 2022 Motion to Supplement Record on Appeal is granted in part and denied in part. The material requested in the motion shall be included in the record on appeal except for the following materials: Docket Entry 3242: January 14, 2022 Notice of Taking Deposition; Docket Entry 3255: February 1, 2022 Notice of Taking Deposition; Docket Entry 3256: February 2, 2022 Subpoena Served on Maraist; Docket Entry 3269: February 24, 2022 Notice of Postponement of Deposition; Docket Entry 3271: March 7, 2022 Re-Notice of Taking Deposition; Docket Entry 3280: March 2, 2022 Notice of Filing Affidavit of Process Server; Docket Entry 3291: March 18, 2022 Supplemental Proffer through Notice of Filing Business Record Emails from December 3, 2021, through December 12, 2021, from Appellees' Counsels to Donnie Murrell and to Judge Coates Without Copy to Patrick Maraist; Docket Entry 3299: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol I; Docket Entry 3300: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol II; Docket Entry 3301: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge January-March 2022; Docket Entry 3302: April 4, 2022 Notice of Filing Documents Correspondence Exhibits Related to the Alan Rose and Timothy Schulz Manufactured Contempt, Bench Warrant and Removal of Patrick Maraist as Counsel for Maraist Law Firm December 2021; and Docket Entry 3298: April 1, 2022 Notice of Filing Nantucket's Three Re-Notice of Depositions of Maraist's Specifically Designated to Include upon Protected Confidential and Financial Records at Issue on the Pending Final Appeal and part. The material requeste
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership and Nantucket Enterprises, Inc.'s April 5, 2022 Joint Response and Maraist Law Firm, P.A.'s April 7, 2022 "Notice of Compliance with April 4, 2022 Order and Attachment of Trial Court Order Denying the Motion for Rehearing Rendering Motion to Consolidate Ripe," it is ORDERED that Maraist Law Firm, P.A.'s April 4, 2022 Motion to Consolidate is granted, and case numbers 4D21-2871, 4D21-3579, 4D21-3580, and 4D22-900 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further, ORDERED that appellees' April 5, 2022 joint request to shorten the briefing schedule is denied. Further, Upon consideration of Maraist Law Firm, P.A.'s April 4, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.'s March 31, 2022 Motion for Clarification or Modify Appellate Stay is granted in part as to the request for clarification and denied in part as to the request for modification. This court clarifies that there was an automatic stay of the money judgment orders per Florida Rule of Appellate Procedure 9.310(b)(1) and a stay of the writ of bodily attachment that were the subject of the contempt proceedings. This court did not impose a stay of the prevailing party fee proceedings between Nantucket Enterprises, Inc. and Palm Beach Florida Hotel and Office Building Limited Partnership. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 4, 2022 Amended Response and Nantucket Enterprises, Inc.'s April 4, 2022 Notice of Joinder with said Amended Response, it is ORDERED that Maraist Law Firm, P.A.'s April 1, 2022 "Motion for Order to Show Cause, for Removal of Counsel for Appellees and to Strike Appellee's March 31, 2022 Motions" is denied. Further, Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership's April 5, 2022 Response and Nantucket Enterprises, Inc.'s April 7, 2022 Response, it is ORDERED that Maraist Law Firm, P.A.'s April 5, 2022 Motion to Supplement Record on Appeal is granted in part and denied in part. The material requested in the motion shall be included in the record on appeal except for the following materials: Docket Entry 3242: January 14, 2022 Notice of Taking Deposition; Docket Entry 3255: February 1, 2022 Notice of Taking Deposition; Docket Entry 3256: February 2, 2022 Subpoena Served on Maraist; Docket Entry 3269: February 24, 2022 Notice of Postponement of Deposition; Docket Entry 3271: March 7, 2022 Re-Notice of Taking Deposition; Docket Entry 3280: March 2, 2022 Notice of Filing Affidavit of Process Server; Docket Entry 3291: March 18, 2022 Supplemental Proffer through Notice of Filing Business Record Emails from December 3, 2021, through December 12, 2021, from Appellees' Counsels to Donnie Murrell and to Judge Coates Without Copy to Patrick Maraist; Docket Entry 3299: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol I; Docket Entry 3300: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge December 2021 Vol II; Docket Entry 3301: April 2, 2022 Notice of Filing Correspondence to/from the Trial Judge January-March 2022; Docket Entry 3302: April 4, 2022 Notice of Filing Documents Correspondence Exhibits Related to the Alan Rose and Timothy Schulz Manufactured Contempt, Bench Warrant and Removal of Patrick Maraist as Counsel for Maraist Law Firm December 2021; and Docket Entry 3298: April 1, 2022 Notice of Filing Nantucket's Three Re-Notice of Depositions of Maraist's Specifically Designated to Include upon Protected Confidential and Financial Records at Issue on the Pending Final Appeal and Procured through Improper Draconian and Subsequently Stayed Bench Warrants Requested by the Parties and Their Counsel. See Fla.
|
|
| Docket Date |
2022-04-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NANTUCKET ENTERPRISES, INC., RESPONSE TO MARAIST'S MOTION TO SUPPLEMENT RECORD ON APPEAL AND EXTENSION OF TIME FOR INITIAL BRIEF
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-04-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-04-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO CLARIFY SCOPE OF STAY OR TO MODIFY STAY ORDERS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ Upon consideration of appellee Nantucket Enterprises, Inc.’s March 14, 2022 response and appellant’s March 15, 2022 response, it is ORDERED that Bresky Law’s motion to withdraw as counsel is granted. Patrick Maraist, Esq. is the appellate counsel for appellant. See Carnival Corp. v. Beverly, 744 So. 2d 489, 495 (Fla. 1st DCA 1999) (“[W]hile Florida courts lack the authority to suspend an attorney from the practice of law, they possess the inherent contempt power to sanction an attorney by the removal of that attorney as counsel in the case in which the conduct occurred.”). Further, upon consideration of appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s March 7, 2022 response, it isORDERED that appellant’s March 7, 2022 “Motion for Order to Allow Co-Counsel for Appellant to Withdraw as Counsel” is denied as moot. Further, upon consideration of appellant's March 16, 2022 response, it is ORDERED that appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s March 1, 2022 motion/request for judicial notice is granted.
|
|
| Docket Date |
2022-03-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR JUDICIAL NOTICE.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-14
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-09
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-03-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Ord-Denying Clarification ~ Upon consideration of Palm Beach Florida Hotel and Office Building Limited Partnership’s February 14, 2022 response and Maraist Law Firm, P.A.’s February 15, 2022 response, it is ORDERED that Nantucket Enterprises, Inc.’s February 14, 2022 motion for clarification is denied.
|
|
| Docket Date |
2022-03-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-03-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ MARAIST LAW FIRM
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ PALM BEACH FLORIDA HOTEL AND OFFICE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-02-08
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ Upon consideration of appellee Nantucket Enterprises, Inc.'s February 8, 2022 response and appellee Palm Beach Florida Hotel and Office Building Limited Partnership's February 8, 2022 response, it is ORDERED that appellant's February 3, 2022 motion for rehearing is granted. This court's January 31, 2022 order is vacated. Further, ORDERED that, upon consideration of appellant’s January 7, 2022 jurisdictional brief, appellee Nantucket Enterprises, Inc.’s January 11, 2022 amended response, and appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s January 12, 2022 amended response, this appeal shall proceed. See Fla. R. App. P. 9.110(h), 9.130(h); Clearwater Fed. Sav. & Loan Ass'n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976). Further, upon consideration of appellees’ December 28, 2021 joint response, it is ORDERED that appellant’s December 27, 2021 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further, upon consideration of appellant’s February 3, 2022 motion for rehearing, which this court treats as a response to Nantucket Enterprises, Inc.’s January 28, 2022 motion for temporary stay, it is ORDERED that appellee’s motion for temporary stay is denied. Per this court's December 22, 2021 order, a stay has been granted to the extent necessary to enforce the automatic stay obtained pursuant to Florida Rule of Appellate Procedure 9.310(b)(1). Further, upon consideration of the appellees’ December 28, 2021 joint response, it is ORDERED that appellant’s December 27, 2021 request for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. 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 February 3, 2022 request for stay is denied as moot. See Fla. R. App. P. 9.310(b)(1).
|
|
| Docket Date |
2022-02-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ AMENDED TRIAL COURTORDER OF FEBRUARY 4, ACCELERATING THE CRITICAL DATEFOR THE TIME-SENSITIVE FEBRUARY 3 MOTION FORRECONSIDERATION AND STAY OF CONTEMPT PROCEEDINGS
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2022-02-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-10-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NANTUCKET ENTERPRISES, INC.
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-10-21
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-10-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-10-20
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-10-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF APPELLANT'S NON-COMPLIANCE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-10-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-10-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's October 20, 2021 notice 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 |
2021-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-01-31
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ **VACATED**ORDERED that this court's January 31, 2022 order is amended as follows: ORDERED that, upon consideration of appellant's January 7, 2022 jurisdictional brief, appellee Nantucket Enterprises, Inc.'s January 11, 2022 amended response, and appellee Palm Beach Florida Hotel and Office Building Limited Partnership's January 12, 2022 amended response, this appeal shall proceed. See Fla. R. App. P. 9.110(h), 9.130(h); Clearwater Fed. Sav. & Loan Ass'n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976). Further, upon consideration of appellees' December 28, 2021 joint response, it is ORDERED that appellant's December 27, 2021 motion to consolidate is granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2871. Further, ORDERED that appellee Nantucket Enterprises, Inc.'s January 28, 2022 motion for temporary stay is granted, and this appeal is stayed pending entry of the final order that is the subject of the trial court's February 11, 2022 hearing. Further, upon consideration of the appellees' December 28, 2021 joint response, it isORDERED that appellant's December 27, 2021 request for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the entry of the final order subject to the February 11, 2022 hearing. 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.
|
|
| Docket Date |
2022-01-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2022-01-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-12-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-12-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO CONSOLIDATE
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that this court’s December 13, 2021 order is vacated in light of the circuit court’s Amended and Superseding Writ of Bodily Attachment. Further, upon consideration of the appellees’ December 14, 2021 responses, it is ORDERED that appellant’s December 13, 2021 renewed motion to stay and urgent motion for reconsideration is granted to the extent necessary to enforce the automatic stay obtained pursuant to Florida Rule of Appellate Procedure 9.310(b)(1). Further, ORDERED that the circuit court's Amended and Superseding Writ of Bodily Attachment directing the Sheriff to take Attorney Patrick Maraist into custody is stayed pending further order of this court.
|
|
| Docket Date |
2021-12-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **CORRECTED** PALM BEACH FLORIDA HOTEL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-12-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ AND URGENT MOTION FOR RECONSIDERATION.
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant’s December 13, 2021 renewed motion to stay and urgent motion for reconsideration is granted to the extent necessary to enforce the automatic stay obtained pursuant to Florida Rule of Appellate Procedure 9.310(b)(1). Further, ORDERED that the circuit court's Writ of Bodily Attachment directing the Sheriff to take Attorney Patrick Maraist into custody is stayed pending further order of this court.
|
|
| Docket Date |
2021-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **CORRECTED RESPONSE FILED**
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-12-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-06
|
| 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 November 30, 2021 motion to stay is denied. Further, upon consideration of appellee’s December 1, 2021 response, it is ORDERED that appellant’s December 1, 2021 emergency motion to stay is denied. An automatic stay of the August 22, 2021 order has been obtained. See Fla. R. App. P. 9.310(b)(1). Further, upon consideration of appellee’s December 1, 2021 response, it isORDERED that appellant’s December 1, 2021 motion for extension of time to file initial brief is granted in part, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 December 2, 2021 motion for leave for this court to consider reply is denied as unauthorized.
|
|
| Docket Date |
2021-12-03
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-12-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NANTUCKET ENTERPRISES, INC.
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-12-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR COURT TO CONSIDER THIS REPLY TO APPELLEES RESPONSE TO AMENDED MOTION TO STAY TRIAL PROCEEDINGS PENDING FINALITY OF APPEAL
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ AMENDED **EMERGENCY**
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-12-01
|
| 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 |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-12-01
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant’s December 1, 2021 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2021-12-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-11-22
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ (101 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-11-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s October 20, 2021 jurisdictional brief, appellee Palm Beach Hotel & Office Building Limited Partnership’s October 21, 2021 response, and appellee Nantucket Enterprises, Inc.’s October 26, 2021 response, this appeal shall proceed.
|
|
| Docket Date |
2021-10-08
|
| 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 August 22, 2021 order is a final appealable order, as it states "all such monies will be held in the trust account of one or both of the parties' counsel, or deposited into the Court registry at the Parties' option, pending further order of this Court," indicating further judicial labor. See 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 |
2021-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-10-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Maraist Law Firm, P.A.
|
|
| Docket Date |
2021-10-07
|
| 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 |
2021-10-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
|
|
MARIAST LAW FIRM, P.A. VS PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP and NANTUCKET ENTERPRISES, INC.
|
4D2021-1751
|
2021-05-28
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA039646
|
Parties
| Name |
Mariast Law Firm, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Patrick W. Maraist
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Alan Benjamin Rose, Timothy W. Schulz
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that petitioner's June 10, 2021 motion for rehearing, rehearing en banc, and written opinion is denied.
|
|
| Docket Date |
2021-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
|
| Docket Date |
2021-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that petitioner's June 24, 2021 motion for leave to file reply is denied.
|
|
| Docket Date |
2021-06-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that respondent's, Palm Beach Florida Hotel and Office Building Limited Partnership, June 23 and June 24, 2021 responses are 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.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'SMOTION FOR REHEARING
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-06-24
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-06-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-06-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF WITHDRAWAL JUNE 11, 2021 NOTICE OF WITHDRAWAL OF MOTION FOR REHEARING AND FOR CLOSURE OF APPEAL
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that petitioner's June 14, 2021 notice is treated as a motion to withdraw documents and the motion is granted. The June 11, 2021 motion to withdraw is considered withdrawn.
|
|
| Docket Date |
2021-06-11
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings ~ **WITHDRAWN**
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-06-10
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-06-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ OR FOR WRITTEN OPINION.
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-06-10
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the petition for writ of prohibition or certiorari is denied. Further,ORDERED that respondent’s, Palm Beach Florida Hotel and Office Building Limited Partnership, June 2, 2021 motion to dismiss is denied. Further,ORDERED that respondent’s, Nantucket Enterprises, Inc., June 4, 2021 motion for attorneys’ fees is denied.LEVINE, C.J., MAY and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2021-06-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-06-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-06-04
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-06-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-06-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-06-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2021-06-01
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-05-28
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2021-05-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
|
|
TJ FISHER VS PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP and NANTUCKET ENTERPRISES, INC.
|
4D2021-1017
|
2021-03-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA039646
|
Parties
| Name |
TJ Fisher
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Patrick W. Maraist, Timothy W. Schulz, Alan Benjamin Rose, Gregory Scott Weiss
|
|
| Name |
Hon. Joseph George Marx
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-03-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-02-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that the appellant's December 3, 2021 motion for leave to file reply is denied.
|
|
| Docket Date |
2021-12-03
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-11-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's October 27, 2021 motion for extension of time to file the reply brief is granted and the reply brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-10-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's October 28, 2021 response to appellee Palm Beach Florida Hotel and Office Building Limited Partnership’s response is stricken as unauthorized.
|
|
| Docket Date |
2021-10-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OF APPELLEE, NANTUCKET, TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-10-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's October 12, 2021 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-09-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OF APPELLEE PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP TO APPELLANTS MOTION TO STRIKE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Denying Extension of Answer Brief ~ ORDERED that appellees' September 8, 2021 motion for extension of time is denied as moot because appellees filed their joint answer brief on September 13, 2021. Further, ORDERED that the appellant's "motion to foreclose appellees' ability to reply to appellant's initial brief" is denied. Further, ORDERED that appellant's September 13, 2021 motion to strike is denied.
|
|
| Docket Date |
2021-09-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ **DENIED, SEE 09/14/2021 ORDER** APPELLEES' JOINT ANSWER BRIEF UNTIMELY FILED
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-08-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OF APPELLEE, NANTUCKET, TO APPELLANT'S (i) EMERGENCY MOTION TO STAY AND (ii) REQUEST FOR EMERGENCY TREATMENT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-07-27
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ (PROPOSED) REPLY TO APPELLEE #2 NANTUCKET RESPONSES TO APPELLANT'S MOTION TO STAY
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-07-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **DENIED, SEE 08/10/2021 ORDER** MOTION FOR LEAVE OF COURT TO REPLY TO APPELLEES' RESPONSE TO APPELLANT'S MOTION TO STAY
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEES' STRIKE APPENDIX MOTION
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OF APPELLEE, NANTUCKET, TO APPELLANT'S RULE 9.310 MOTION TO STAY ORDER ON APPEAL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-07-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OF PALM BEACH FLORIDA HOTEL IN OPPOSITION TO APPELLANT'S MOTION TO STAY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-07-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ **SEE AMENDED MOTION** APPELLANT'S RULE 9.310 MOTION TO STAY TRIAL-LEVEL PROCEEDINGS PENDING CONCLUSION OF THIS APPEAL OF FINAL ORDER
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-07-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO AMENDED MOTION TO STAY
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-07-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLANT'S APPENDIX (CORRECTED AS TO CERTIFICATE OF SERVICE)
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-07-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-07-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **DEEMED TO BE A SUPPLEMENTAL RECORD. SEE 08/10/2021 ORDER.**
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ Upon consideration of appellee, Palm Beach Florida Hotel and Office Building Limited Partnership's May 25, 2021 response, it is ORDERED that appellant's May 25, 2021 motion to supplement the record is denied.
|
|
| Docket Date |
2021-05-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-05-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-05-20
|
| 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 May 14, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. 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.
|
|
| Docket Date |
2021-05-14
|
| 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 |
TJ Fisher
|
|
| Docket Date |
2021-04-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 3115 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-03-11
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's March 10, 2021 untimeliness order is vacated.
|
|
| Docket Date |
2021-03-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-03-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-10-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OF APPELLEE, NANTUCKET, TO (i) APPELLANT'S MOTION TO STRIKE APPELLEES'AND (ii) APPELLANT'S MOTION TO FORECLOSE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-09-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-09-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION TO FORECLOSE
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-09-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-09-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **DENIED, SEE 09/14/2021 ORDER** MOTION TO FORECLOSE APPELLEES' ABILITY TO REPLY TO APPELLANT'S INTIAL BRIEF, AS APPELLEES MISSED THE COURT'S SEPTEMBER 7, 2021 FILING DEADLINE
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' August 10, 2021 motion for extension of time is granted, and appellees shall serve their answer brief(s) within twenty (20) days from the date of this order. In addition, appellees are notified that the failure to serve their brief(s) within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-08-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OPPOSITION TO APPELLEES' MOTION FOR AN EXTENSION OF TIME TO FILE A "JOINT-MOTION" REPLY TO APPELLANT'S INTIAL BRIEF
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-08-10
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ Upon consideration of appellant’s July 25, 2021 response, it is ORDERED that appellee PB Hotel’s July 14, 2021 motion to strike the appendix to the initial brief filed on July 13, 2021 is denied. Appellant’s appendix to the initial brief is deemed to be a supplemental record. Fla. R. App. P. 9.200(f), 9.220(a); Altchiler v. State, Dep’t of Prof’l. Regulation, Div. of Professions, Bd. of Dentistry, 442 So. 2d 349, 350 (Fla. 1st DCA 1983). Further, ORDERED that, upon consideration of appellee PB Hotel’s July 19, 2021 response and appellee Nantucket Enterprises, Inc.’s July 20, 2021 response, it is ORDERED that the appellant’s July 19, 2021 motion to stay is denied. The appellant’s August 9, 2021 request for emergency treatment and motion for emergency ruling are denied as moot. Further, ORDERED that the appellant’s July 27, 2021 motion for leave to reply to appellee PB Hotel’s response to the motion to stay and July 27, 2021 motion for leave to reply to appellee Nantucket Enterprises, Inc.’s response to the motion to stay are denied.
|
|
| Docket Date |
2021-08-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-08-09
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment ~ **DENIED, SEE 08/10/2021 ORDER**
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-08-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STAY
|
| On Behalf Of |
TJ Fisher
|
|
| Docket Date |
2021-03-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
|
|
|
|
MARIAST LAW FIRM, P.A. VS PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP and NANTUCKET ENTERPRISES, INC.
|
4D2020-2426
|
2020-11-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA039646
|
Parties
| Name |
Mariast Law Firm, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Patrick W. Maraist
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alan Benjamin Rose, Timothy W. Schulz
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ January 6, 2021 response to the motion for rehearing 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 |
2020-11-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ CORRECTED
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-11-09
|
| 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, 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.
|
|
| Docket Date |
2021-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's January 5, 2021 motion for rehearing or certification is denied.
|
|
| Docket Date |
2021-01-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-01-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-01-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2021-01-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ OR FOR CERTIFICATIONOF ORDER GRANTING MOTIONS TO DISMISS
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2020-12-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellant’s November 25, 2020 response, it is ORDERED that appellee, Palm Beach Florida Hotel and Office Building Limited Partnership’s November 10, 2020 motion to dismiss and appellee, Nantucket Enterprises, Inc.’s November 10, 2020 motion to dismiss are granted, and this case is dismissed. Cordero v. Washington Mutual Bank, 241 So. 3d 967, 968 (Fla. 3d DCA 2018) (“An untimely appeal cannot be revived by obtaining a new order to the same effect as the original and then filing the notice of appeal within thirty days of the more recent order.”); Caldwell v. Wal-Mart Stores, Inc., 980 So. 2d 1226, 1229 (Fla. 1st DCA 2008). LEVINE, C.J., CIKLIN and FORST, JJ., concur.
|
|
| Docket Date |
2020-12-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ **AMENDED**
|
|
| Docket Date |
2020-11-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2020-11-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTIONS TO DISMISS APPEAL
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2020-11-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-11-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2020-11-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-11-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ ***SEE CORRECTED MOTION FILED 11/10/20.***
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-11-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-11-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Mariast Law Firm, P.A.
|
|
| Docket Date |
2020-11-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
MARAIST LAW FIRM, P.A. VS PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP and NANTUCKET ENTERPRISES, INC.
|
4D2019-3295
|
2019-10-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA039646
|
Parties
| Name |
MARAIST LAW FIRM, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Patrick W. Maraist
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Timothy W. Schulz, Alan Benjamin Rose, Gregory Scott Weiss
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 14, 2020 notice of voluntary dismissal, this case is dismissed. Further, Upon consideration of appellant's May 15, 2020 response, it is ORDERED that appellee Palm Beach Florida Hotel and Office Building Limited Partnership's April 27, 2020 "motion for court-imposed sanctions" is denied.
|
|
| Docket Date |
2020-05-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-05-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-05-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-05-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that, upon consideration of appellant's April 20, 2020 response, this court's April 20, 2020 order to show cause is discharged. Further, Upon consideration of appellees' April 20, 2020 and April 21, 2020 responses in opposition, it is ORDERED that appellant's April 20, 2020 motion for extension of time of thirty (30) days to file the initial brief is granted, and appellant shall serve the initial brief within on or before May 15, 2020. 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.
|
|
| Docket Date |
2020-04-27
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-04-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (Nantucket Enterprises) IN OPPOSITION TO REQUEST FOR AN EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-04-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (PALM BEACH FLORIDA HOTEL...) IN OPPOSITION TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-04-20
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ Upon consideration of appellee's April 16, 2020 notice and appellant's April 17, 2020 response, this court notes that the initial brief was due to be filed on or before April 16, 2020 pursuant to this court's February 4, 2020 and March 3, 2020 orders. Therefore, it is 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.
|
|
| Docket Date |
2020-04-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-04-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 176 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-04-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF DEADLINE TO FILE INITIAL BRIEF
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Upon consideration of appellee's, Palm Beach Florida Hotel and Office Building Limited Partnership, March 18, 2020 response and appellee's, Nantucket Enterprises, Inc., March 19, 2020 response, it is ORDERED that appellant's March 17, 2020 motion to stay/abate this appeal is denied. Further, ORDERED that appellant's motion for rehearing of this court's March 3, 2020 order, contained in paragraph 11 of appellant's motion to stay/abate this appeal, is denied. Further, ORDERED that appellant's March 30, 2020 motion for extension of time to file a motion for rehearing of this court's March 30, 2020 order is denied as moot. Further, appellant is cautioned that excessive motion practice could result in the imposition of sanctions. See Dubowitz v. Century Village East, Inc., 381 So. 2d 252, 253 (Fla. 4th DCA 1979) (“This Court is being deluged nowadays with a plethora of pleadings which have no place in any appellate court and which are causing a distressing waste of time. We are in truth suffering from acute motion sickness.”).
|
|
| Docket Date |
2020-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-03-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION FOR REHEARING INTERIM
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-03-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STAY/ABATE (NANTUCKET ENTERPRISES, INC.)
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-03-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STAY/ABATE (PB HOTEL)
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-03-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ /ABATE
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-03-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ Upon consideration of appellant’s January 22, 2020 response and appellee, Palm Beach Florida Hotel and Office Building Limited Partnership’s, February 4, 2020 reply, it is ORDERED that appellee’s January 7, 2020 motion to strike is denied. Further,Upon consideration of appellee, Palm Beach Florida Hotel and Office Building Limited Partnership’s, January 21, 2020 response and appellant’s February 19, 2020 reply, it is ORDERED that appellant’s February 19, 2020 reply is treated as an amended motion to supplement and is granted. The material requested in the motion shall be included in the record on appeal. Rosenberg v. Rosenberg, 511 So. 2d 593, 595 n.3 (Fla. 3d DCA 1987). The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further,ORDERED that appellant’s January 21, 2020 motion to supplement the record is denied as moot. Further,Upon consideration of appellees’ January 30, 2020 and February 3, 2020 responses, it is ORDERED that appellant’s January 27, 2020 “appellant’s Rule 9.310 motion tostay order on appeal denying motion for protective order requiring production of attorney client privilege, work product protected and Florida Bar protected confidential information [] trial proceedings” is denied. See Banks v. State, 46 So. 3d 989, 997 (Fla. 2010) (“Under the abuse of discretion standard of review, a ruling will be upheld unless the ruling is ‘arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where no reasonable person would take the view adopted by the trial court.’”). Further,Upon consideration of appellee, Palm Beach Florida Hotel and Office Building Limited Partnership’s, January 28, 2020 response, it is ORDERED that appellant’s January 28, 2020 unopposed “appellant’s corrected (with service on trial clerk) rule 9.200(F)(1) motion to correct an erroneous trial clerk omission from the instructions to the record on appeal with incorporated motion for extension of time pending resolution of the motion” is granted. The September 20, 2019 “under seal of clerk of court verified emergency motion to continue all hearings for no less than 30 days (up through and including October 21, 2019)” attached to appellant’s January 28, 2020 motion as exhibit “A” shall be included in the record on appeal and shall be considered filed as of the date of this order. This court notes that the request for a thirty (30) day extension of time in appellant’s January 28, 2020 motion was previously granted in this court’s February 4, 2020 order. Further,Upon consideration of appellee, Palm Beach Florida Hotel and Office Building Limited Partnership’s, February 4, 2020 response, it is ORDERED that appellant’s February 3, 2020 “appellant’s motion for leave to file a reply to appellees’ responses in opposition to rule 9.310 motion to stay order on appeal” is denied. Further,ORDERED that appellee, Palm Beach Florida Hotel and Office Building Limited Partnership’s, motion to strike appellant’s amended and supplemental reply is denied. Further,ORDERED that “appellant’s amended and supplemental reply in support of January 21, 2020 motion to supplement the appellate record in compliance with February 4, 2020 order” is treated as an amended motion to supplement and is granted. The September 25 and 26, 2019 hearing transcripts requested in the motion shall be included in the record on appeal. Rosenberg v. Rosenberg, 511 So. 2d 593, 595 n.3 (Fla. 3d DCA 1987). The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further,ORDERED that appellant’s March 2, 2020 “second motion to supplement the appellate record on appeal with hearing transcripts with incorporated motion for extension of time” is d
|
|
| Docket Date |
2020-03-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-03-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO SUPPLEMENT
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-02-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-02-28
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply ~ "AMENDED AND SUPPLEMENTAL"
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-02-19
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ TO MOTION TO SUPPLEMENT
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-02-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR LEAVE TO FILE A REPLY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-02-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellee's January 7, 2020 motion to strike and appellant's January 22, 2020 response, it isORDERED that, within fifteen (15) days from the date of this order, appellee shall file a reply to appellant's response to the motion to strike and specifically delineate, in line-item fashion, the record page number of the document they seek to strike, the date that document was before the trial court (not to be confused with the date the document was filed in the circuit court docket), and the basis for striking that specific document. Further,Upon consideration of appellant's January 21, 2020 motion to supplement the record and motion requesting an extension of time to file the initial brief and appellees' January 21, 2020 and January 23, 2020 responses, it isORDERED that, within fifteen (15) days from the date of this order, appellant shall file a reply to the motion to supplement and specifically delineate, in line-item fashion, the lower tribunal docket entry number of the document they seek to add to the record, the date that document was before the trial court (not to be confused with the date the document was filed in the circuit court docket), and the basis for adding that specific document to the record. Rosenberg v. Rosenberg, 511 So. 2d 593, 595 n.3 (Fla. 3d DCA 1987) ("Appellate review is limited to the record as made before the trial court at the time of the entry of a final judgment or orders complained of."). Further, ORDERED that the time for filing the initial brief shall be extended thirty (30) days from the date this court enters an order on appellant's January 21, 2020 motion to supplement or appellee's January 7, 2020 motion to strike, whichever is later.
|
|
| Docket Date |
2020-02-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO RULE 9.310 MOTION TO STAY ORDER ON APPEAL
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-02-03
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-01-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION TO STAY
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-01-28
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's January 27, 2020 “Motion to Correct An Erroneous Trial Clerk Omission from the Instructions to the Record On Appeal with Incorporated Motion for Extension of Time Pending Resolution of the Motion” is stricken without prejudice to refiling for failure to serve the motion on the clerk of the lower tribunal.
|
|
| Docket Date |
2020-01-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ **CORRECTED**
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-01-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO CORRECT THE RECORD
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-01-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ ***STRICKEN 1/28/2020*** MOTION TO CORRECT AN ERRONEOUS TRIAL CLERK OMISSION FROM THE INSTRUCTIONS TO THE RECORD ON APPEAL WITH INCORPORATED MOTION FOR EXTENSION OF TIME PENDING RESOLUTION OF THE MOTION
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-01-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STAY
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-01-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (NANTUCKET ENTERPRISES, INC.) TO MOTION TO SUPPLEMENT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-01-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION TO STRIKE
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-01-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION TO SUPPLEMENT
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-01-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2020-01-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellees' January 3, 2020 responses, it isORDERED that appellant's December 26, 2019 "motion for extension of time to file initial brief to prepare/supplement record on appeal" is granted in part, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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. If appellant wants to supplement the record on appeal, appellant must timely move this court with a specific request as to the material appellant requests to be included in the record on appeal.
|
|
| Docket Date |
2020-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP) TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2020-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach Florida Hotel and Office Building Limited Partnership
|
|
| Docket Date |
2019-12-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ TO PREPARE/SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2019-12-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 5412 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-10-25
|
| 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, 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.
|
|
| Docket Date |
2019-10-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-10-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2019-10-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARAIST LAW FIRM, P.A.
|
|
| Docket Date |
2019-10-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP, ETC., ET AL. VS NANTUCKET ENTERPRISES, INC., ETC.
|
SC2017-0491
|
2017-03-21
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D14-3450
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA039646XXXXMB
|
Parties
| Name |
ASHFORD TRS LESSEE II LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
REMINGTON LODGING & HOSPITALITY, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
REMINGTON LODGING & HOSPITALITY, LP
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Elliot B. Kula, TIMOTHY WARREN SCHULZ, W. Aaron Daniel
|
|
| Name |
NANTUCKET ENTERPRISES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Alan B. Rose, Gregory S. Weiss, PATRICK W. MARAIST
|
|
| Name |
Meenu Talwar Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sharon Repak Bock
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-27
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris & Atty Fees Gr ($2500)
|
| Description |
DISP-REV DY LACK JURIS & ATTY FEES GR ($2500) ~ 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.The motion for attorneys' fees is granted and it is ordered that respondent shall recover from petitioners the amount of $2,500.00 for the services of respondent's attorneys in this Court.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2017-04-18
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ RESPONDENT'S BRIEF ON JURISDICTION
|
| On Behalf Of |
NANTUCKET ENTERPRISES, INC.
|
| View |
View File
|
|
| Docket Date |
2017-04-18
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ RESPONDENT'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
NANTUCKET ENTERPRISES, INC.
|
| View |
View File
|
|
| Docket Date |
2017-04-10
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ PETITIONERS' BRIEF ON JURISDICTION
|
| On Behalf Of |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| View |
View File
|
|
| Docket Date |
2017-03-29
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioners' Agreed Motion for 10-Day Extension of Time within which to Serve Petitioners' Brief on Jurisdiction is granted, and petitioners are allowed to and including April 10, 2017, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
| Docket Date |
2017-03-28
|
| Type |
Motion
|
| Subtype |
Toll Time
|
| Description |
MOTION-TOLL TIME ~ MOTION TO TOLL TIME FOR SERVICE OF PETITIONERS' BRIEF ON JURISDICTION DURING PENDENCY OF AGREED EXTENSION MOTION
|
| On Behalf Of |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| View |
View File
|
|
| Docket Date |
2017-03-24
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2017-03-23
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2017-03-23
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| View |
View File
|
|
| Docket Date |
2017-03-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-03-21
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
PALM BEACH FLORIDA HOTEL AND OFFICE BUILDING LIMITED PARTNERSHIP
|
| View |
View File
|
|
|
