| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D13-3469
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062013CA004498AXXXCE
|
Parties
| Name |
SEAMUS LAGAN
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MEDYTOX SOLUTIONS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
MICHAEL CONSTANTINE MARSH, Mr. Francisco A. Rodriguez
|
|
| Name |
WILLIAM G FORHAN
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
INVESTORSHUB.COM, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
ALLISON SINCLAIR LOVELADY, DEANNA KENDALL SHULLMAN, Rachel E. Fugate
|
|
| Name |
Hon. William W Haury Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. HOWARD FORMAN
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-04-10
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ 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.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2015-02-04
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
INVESTORSHUB.COM, INC.
|
| View |
View File
|
|
| Docket Date |
2015-01-12
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF
|
| On Behalf Of |
MEDYTOX SOLUTIONS, INC.
|
|
| Docket Date |
2015-01-09
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
|
| Docket Date |
2015-01-09
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ DATED 1/8/15 WITH FILING FEE
|
| On Behalf Of |
MEDYTOX SOLUTIONS, INC.
|
|
| Docket Date |
2015-01-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-01-02
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including February 2, 2015, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2015-01-02
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
MEDYTOX SOLUTIONS, INC.
|
|
| Docket Date |
2015-01-02
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
12001873 (07)
|
Parties
| Name |
MICHAEL FALESTRA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MICHELE M. STEEGSTRA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TRIDENT LABORATORIES,INC.
|
| Role |
Appellant
|
| Status |
Dismissed
|
| Representations |
PHILIP JAY KANTOR
|
|
| Name |
SKYLER V. LUKAS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CHRISTOPHER K. HAWLEY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DONETTE HAWLEY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FRANCISCO ROCA, I I I
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MEDYTOX SOLUTIONS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MEDYTOX INSTITUTE OF LABORATOR
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
FRANCISCO A. RODRIGUEZ, FRANCISCO RODRIGUEZ (DNU), MICHAEL CONSTANTINE MARSH
|
|
| Name |
STEVEN SRAMOWICZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM FORHAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THOMAS MENDOLIA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SHARON HOLLIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SEAMUS LAGAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JEFFREY E. STREITFELD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-01-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ TRIDENT LABORATORIES INC. ONLY*******ORDERED sua sponte, the above-styled appeal is hereby dismissed as to Trident Laboratories, Inc., only.
|
|
| Docket Date |
2014-05-16
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2014-04-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ RETURNED MAIL FOR FALESTRA
|
|
| Docket Date |
2014-04-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-04-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte, the above-styled case is hereby dismissed for lack of prosecution.
|
|
| Docket Date |
2014-03-20
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Michael C. Marsh has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-03-19
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/ROA ~ ORDERED, the appellants in the above-styled case are hereby directed to file with this Court, and show cause in writing, if any there be, on or before March 29, 2014, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants¿ initial brief and the record-on-appeal have 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 and record-on-appeal are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2014-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The motion of Philip Jay Kantor, Esquire, counsel for appellants, Michele M. Steegstra,Christopher K. Hawley, Michael Falestra, and Skyler V. Lukas to withdraw as counsel is hereby granted. Accordingly, it isORDERED that (1) this appeal is hereby stayed for twenty (20) days so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20 day abatement period;(3) if no counsel has filed a notice of appearance within 20 days, all pleadings shall be sent to appellants, Michele M. Steegstra, Christopher K. Hawley, Michael Falestra, and Skyler V. Lukas at the address appearing below; 6011 Rodman StreetSuite 107Hollywood, FL 33023(4) if substitute counsel does not appear appellants, Michele M. Steegstra, Christopher K. Hawley, Michael Falestra, and Skyler V. Lukas are advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2013-12-06
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ The motion of Philip Jay Kantor, Esquire for leave to withdraw as counsel for appellant, Trident Laboratories, Inc., is hereby granted. A corporation may not appear unrepresented by counsel in a Florida court. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985). Accordingly, it is ORDERED that the appeal or cross appeal on behalf of appellant, Trident Laboratories, Inc. shall be dismissed unless within twenty (20) days of the date of this order an attorney licensed to practice law enters an appearance on its behalf;FURTHER ORDERED that this case is stayed pending the above.
|
|
| Docket Date |
2013-12-02
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
TRIDENT LABORATORIES, INC.
|
|
| Docket Date |
2013-10-18
|
| 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, 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. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2013-10-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-10-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2013-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TRIDENT LABORATORIES, INC.
|
|
|
