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John Marz, Petitioner(s) v. Napleton's North Palm Auto Park, Inc., Respondent(s)
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SC2024-1503
|
2024-10-21
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2023-1399;
|
Parties
| Name |
John Marz
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
NAPLETON'S NORTH PALM AUTO PARK, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jack Roy Reiter, Robert C. Weill, Adam Michael Miller
|
|
| Name |
Hon. Jaimie Randall Goodman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-21
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent
|
|
| Docket Date |
2024-10-21
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
John Marz
|
| View |
View File
|
|
| Docket Date |
2024-10-22
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
Petitioner's Notice to Invoke Discretionary Jurisdiction, seeking review of the order or opinion issued by the 4th District Court of Appeal on September 12, 2024, is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).
No motion for rehearing or reinstatement will be entertained by the Court.
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| View |
View File
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MARK EDDLEMAN, Appellant(s) v. EDWARD W. NAPLETON, et al., Appellee(s).
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4D2023-3024
|
2023-12-14
|
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
502020CA004581
|
Parties
| Name |
Edward W. Napleton
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Holt, Charles Caulkins, Garrett Scott Kamen, Jason Samuel Weiss, Jack Roy Reiter
|
|
| Name |
Edward F. Napelton
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NAPLETON'S NORTH PALM AUTO PARK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Oak Hill Dealer Services, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Luis Delgado, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Mark Eddleman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel Lawrence Rashbaum, Jason L Mays, Julie Ann Levine, Elliot Burt Kula
|
|
Docket Entries
| Docket Date |
2024-06-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-06-03
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
***Stipulation***Motion/Notice Voluntary Dismissal
|
|
| Docket Date |
2024-04-23
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
45 Days to 06/10/2024
|
|
| Docket Date |
2024-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Mark Eddleman
|
|
| Docket Date |
2024-03-04
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
45 Days to 04/26/2024
|
| On Behalf Of |
Mark Eddleman
|
|
| Docket Date |
2024-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Mark Eddleman
|
|
| Docket Date |
2024-02-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Edward W. Napleton
|
|
| Docket Date |
2024-01-24
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Filing fee Paid through Portal
|
| On Behalf Of |
Mark Eddleman
|
| View |
View File
|
|
| Docket Date |
2024-01-23
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Record on Appeal -- 3,442 pages
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-01-02
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
APPELLANT'S NOTICE OF FILING ORDER DENYING MOTION FOR REHEARING AND REQUEST FOR COURT TO LIFT ABATEMENT AND RETAKE JURISDICTION
|
|
| Docket Date |
2023-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2023-12-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-12-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
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|
| Docket Date |
2023-12-18
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| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
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.
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View File
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JOHN MARZ, Appellant(s) v. NAPLETON'S NORTH PALM AUTO PARK, INC., Appellee(s).
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4D2023-1399
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2023-06-08
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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
502017CA010210
|
Parties
| Name |
John Marz
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NAPLETON'S NORTH PALM AUTO PARK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jack Roy Reiter, Robert Frederick Tacher, Robert C Weill, Adam Michael Miller
|
|
| Name |
Hon. Jaimie Goodman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4,059 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2024-10-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-10-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing, et al.
|
|
| Docket Date |
2024-10-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-08-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ ***TREATED AS A MOTION TO SUPPLEMENT***
|
| On Behalf Of |
John Marz
|
|
| Docket Date |
2023-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2024-09-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-05-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
John Marz
|
| View |
View File
|
|
| Docket Date |
2024-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-05-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-04-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-04-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| View |
View File
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|
| Docket Date |
2024-04-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
***Motion Granted*** Supplement Record on Appeal
|
|
| Docket Date |
2024-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2024-04-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION TO PROHIBIT APPELLEE'S FURTHER PARTICIPATION IN
THIS APPEAL AND MOTION TO STRIKE A PORTION OF APPELLEE'S SUPPLEMENTAL RECORD ON APPEAL
|
|
| Docket Date |
2024-04-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
MOTION TO STRIKE A PORTION OF DEFENDANT'S SUPPLEMENT RECORDS ON APPEAL
|
|
| Docket Date |
2024-04-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
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|
| Docket Date |
2024-03-28
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
***MOTION GRANTED***Supplemental Record
|
|
| Docket Date |
2024-03-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2024-03-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-02-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-01-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-12-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-12-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry -- Returned Mail for AA
|
|
| Docket Date |
2023-11-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
John Marz
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| View |
View File
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|
| Docket Date |
2023-11-02
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Show Cause for Brief or Record on Appeal
|
| View |
View File
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| Docket Date |
2023-11-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION FOR ORDER TO SHOW CAUSE AS TO WHY THE APPEAL SHOULD NOT BE DISMISSED FOR FAILURE TO FILE AN INITIAL BRIEF
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
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|
| Docket Date |
2023-09-14
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript -- 348 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2023-08-28
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgment Letter
|
| On Behalf Of |
John Marz
|
|
| Docket Date |
2023-08-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2023-08-03
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellant’s August 2, 2023 motion for extension of time for supplement is treated as a motion to supplement record on appeal. Further,ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s motion to supplement.
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|
| Docket Date |
2023-06-08
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2023-06-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2024-10-22
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2024-1503 Supreme Court Order- Dismissed
|
|
| Docket Date |
2024-10-21
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
| View |
View File
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|
| Docket Date |
2024-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORDERED that Appellant's October 16, 2024 "combined motion for rehearing, request for written opinion and alternatively motion to invoke discretionary jurisdiction" is denied.
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| View |
View File
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| Docket Date |
2024-09-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellee's April 25, 2024 motion for appellate attorney's fees is granted conditioned on the trial court determining that Appellee is entitled to fees under section 768.79, Florida Statutes (2024), and if so, setting 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 motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
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| View |
View File
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| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ Upon consideration of appellee’s August 14, 2023 response, it is ORDERED that appellant's August 2, 2023 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.
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|
| Docket Date |
2023-07-19
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
John Marz
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NAPLETON'S NORTH PALM AUTO PARK, INC. VS ABIGAIL AGOSTO
|
4D2022-2507
|
2022-09-13
|
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
502021CA010394A
|
Parties
| Name |
NAPLETON'S NORTH PALM AUTO PARK, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jack R. Reiter, Robert F. Tacher, Robert C. Weill
|
|
| Name |
Abigail Agosto
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christopher Kellam, Nichole J. Segal
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-06-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant’s October 28, 2022 motion for appellate attorney’s fees pursuant to section 768.79(1), Florida Statutes, is granted conditioned on the trial court determining that appellant is entitled to fees under section 768.79 and conditioned on the trial court determining that appellant is the prevailing party and, if so, setting 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. It is further, ORDERED that appellee’s February 15, 2023 motion for appellate attorney’s fees is denied. It is further, ORDERED that appellant’s March 31, 2023 request for oral argument is denied.
|
|
| Docket Date |
2023-06-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2023-03-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2023-03-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-03-16
|
| 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 March 15, 2023 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 |
2023-03-15
|
| 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 |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2023-03-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2023-02-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 03/02/2023**
|
| On Behalf Of |
Abigail Agosto
|
|
| Docket Date |
2023-02-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Abigail Agosto
|
| View |
View File
|
|
| Docket Date |
2023-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s January 30, 2023 motion for extension of time is granted, and appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2023-01-30
|
| 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 |
Abigail Agosto
|
|
| Docket Date |
2022-12-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's December 28, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-12-28
|
| 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 |
Abigail Agosto
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 2, 2022 order is amended as follows: ORDERED that appellee's November 23, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before December 29, 2022. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's November 23, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 29, 2022. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-11-23
|
| 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 |
Abigail Agosto
|
|
| Docket Date |
2022-10-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2022-10-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2022-10-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-09-30
|
| 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 September 28, 2022 motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before October 28, 2022. In addition, if the initial brief and appendix are 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 |
2022-09-28
|
| 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 |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Abigail Agosto
|
|
| Docket Date |
2022-09-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2022-09-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-09-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Napleton's North Palm Auto Park, Inc.
|
|
| Docket Date |
2022-09-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
ANTHONY JONES VS DIONISIOS THEODORE VASILIAS, et al.
|
4D2021-3476
|
2021-12-09
|
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
502020CA001204XXXMB
|
Parties
| Name |
ANTHONY JONES INCORPORATED
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Neil P. Anthony, Grace Mackey Streicher, Andrew A. Harris
|
|
| Name |
Dionisios Theodore Vasilias
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jack R. Reiter, Jonathan L. Gaines, Robert F. Tacher
|
|
| Name |
DAVID MARSHALL LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Steve Ignowski
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NAPLETON'S NORTH PALM AUTO PARK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NORTH AMERICAN AUTOMOTIVE SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-05-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2023-04-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***MOTION GRANTED***
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2023-04-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2023-04-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND/OR CLARIFICATION
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2023-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellees' March 28, 2023 motion for extension of time is granted, and the time in which to file a motion for rehearing and/or clarification is extended to and including April 10, 2023.
|
|
| Docket Date |
2023-03-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2023-03-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2021-12-22
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2022-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2022-10-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF PARTIAL WITHDRAWAL OF APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES, IN PART AS TO TWO APPELLEES
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2022-10-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2022-09-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **SEE NOTICE FILED 10/12/22**
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2022-09-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2022-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2022-09-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 9/22/22
|
|
| Docket Date |
2022-08-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2022-08-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2022-08-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2022-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2022-07-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/8/22
|
|
| Docket Date |
2022-06-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/7/22
|
|
| Docket Date |
2022-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2022-04-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/7/22
|
|
| Docket Date |
2022-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2022-04-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2022-03-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 4/7/22
|
|
| Docket Date |
2022-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2022-02-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 3/18/22
|
|
| Docket Date |
2022-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2022-01-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1014 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-01-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s December 22, 2021 jurisdictional brief, this appeal shall proceed. Fla. R. App. P. 9.110(l).
|
|
| Docket Date |
2021-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Dionisios Theodore Vasilias
|
|
| Docket Date |
2021-12-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2021-12-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-12-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Anthony Jones
|
|
| Docket Date |
2023-04-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellees North American Automotive Services, Inc., David Marshall, and Steve Ignowski’s April 10, 2023 motion for rehearing and/or clarification is denied.
|
|
| Docket Date |
2023-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellees’ April 17, 2023 motion to supplement the record is granted, and the record is supplemented to include the notice of taking videotaped depositions of Steve Ignowski and David Marshall. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2023-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee Steve Ignowsk’s August 8, 2022 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2021-12-13
|
| 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 this court has jurisdiction as to Defendant North American Automotive Services, Inc., as it appears the November 24, 2021 order only grants North American Automotive Services, Inc.'s motion to dismiss and the December 2, 2021 order does not appear to enter a judgment in favor of North American Automotive Services, Inc. See Paulino v. BJ's Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well–established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-12-09
|
| 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 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.
|
|
|
|
JOHN MARZ VS NAPLETON'S NORTH PALM AUTO PARK, INC.
|
4D2020-2210
|
2020-10-12
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA010210
|
Parties
| Name |
John Marz
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kendrick Almaguer, Peter David Ticktin, Jamie Alan Sasson, Connor Furlong
|
|
| Name |
NAPLETON'S NORTH PALM AUTO PARK, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Robert F. Tacher, Jack R. Reiter
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-10-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).MAY, FORST and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2020-10-16
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
John Marz
|
|
| Docket Date |
2020-10-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the amended petition for writ of certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-10-15
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **STRICKEN**
|
| On Behalf Of |
John Marz
|
|
| Docket Date |
2020-10-15
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ AMENDED
|
| On Behalf Of |
John Marz
|
|
| Docket Date |
2020-10-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
John Marz
|
|
| Docket Date |
2020-10-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the Petition for Writ of Certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-10-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter ~ ***AMENDED***
|
|
| Docket Date |
2020-10-12
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
John Marz
|
|
| Docket Date |
2020-10-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-12
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***STRICKEN***
|
| On Behalf Of |
John Marz
|
|
|
