|
BC SAIGON RESTAURANT, INC., SUONG NGUYEN, PRESIDENT VS EDEN CENTER, INC.
|
4D2016-3826
|
2016-11-14
|
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
2012CA020228XXXXMB
|
Parties
| Name |
BC SAIGON RESTAURANT, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SAMUEL B WEISSMAN, Nicholas A. Shannin, DON H NGUYEN
|
|
| Name |
SUONG NGUYEN, PRESIDENT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EDEN CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason H. Okleshen, Gary M. Dunkel
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-02-15
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2018-03-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-03-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-11-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BC SAIGON RESTAURANT, INC.
|
|
| Docket Date |
2017-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' September 27, 2017 unopposed motion for extension of time for service of reply brief is granted, and appellants shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants MTV Sao, LLC, Asia Supermarket, Inc., Banh Cuon Saigon, Ben Tre Corporation, Cafe Hoang Oanh Inc. a/k/a Hoang Oanh Cafe, Inc., LT 01 Corporation trading as HHN Pawn Broker, Phung Hoang, Inc., VA Icon, Inc., and Wish Diamonds and Fine Jewelry, Inc.'s March 22, 2017 unopposed motion for extension of time is granted, and appellants shall serve the initial brief on or before April 17, 2017. 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 |
2017-02-08
|
| 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 appellants' February 3, 2017 response, this court's January 27, 2017 order to show cause is discharged; further, ORDERED that appellants' request for extension of time, contained in the response, is granted, and appellants shall serve the initial brief within forty-five (45) 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 |
2017-01-27
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of the entry 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 |
2017-01-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that the above-styled appeal shall proceed as a final appeal of the “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016; further, Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 are consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D16-3821.
|
|
| Docket Date |
2017-01-06
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ (1) ONE ENVELOPE--CD ROM
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2016-12-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ "APPELLANT'S JURISDICTIONAL STATEMENT AND STATEMENT REGARDING CONSOLIDATION OF APPEALS"
|
| On Behalf Of |
BC SAIGON RESTAURANT, INC.
|
|
| Docket Date |
2016-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BC SAIGON RESTAURANT, INC.
|
|
| Docket Date |
2016-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BC SAIGON RESTAURANT, INC.
|
|
| Docket Date |
2016-11-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ It appears that the Notice of Appeal on behalf of appellant, a corporation, was not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Communications, 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); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant unless within twenty (20) days from the date of this order the corporation files an amended Notice of Appeal signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel; further,ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, 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. The appellant shall specifically address whether the order is a final, appealable order given that it dismisses a counterclaim, but an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974); Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39 (Fla. 4th DCA 1987); further, ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, the parties shall indicate whether case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 can be consolidated for all purposes, as each appellant is appealing against Eden Center, Inc. the same “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016 in the underlying case number 502012CA020228XXXXMB.
|
|
| Docket Date |
2016-11-15
|
| 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. 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.
|
|
| Docket Date |
2016-11-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SUONG NGUYEN, PRESIDENT
|
|
| Docket Date |
2016-11-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ASIA SUPERMARKET, INC., DUYEN T. TRUONG, PRESIDENT VS EDEN CENTER, INC.
|
4D2016-3828
|
2016-11-14
|
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
2012CA020228XXXXMB
|
Parties
| Name |
ASIA SUPERMARKET, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DON H NGUYEN, SAMUEL B WEISSMAN, Nicholas A. Shannin
|
|
| Name |
DUYEN T. TRUONG, PRESIDENT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EDEN CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gary M. Dunkel, Jason H. Okleshen
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-03-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-11-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ASIA SUPERMARKET, INC.
|
|
| Docket Date |
2017-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' September 27, 2017 unopposed motion for extension of time for service of reply brief is granted, and appellants shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants MTV Sao, LLC, Asia Supermarket, Inc., Banh Cuon Saigon, Ben Tre Corporation, Cafe Hoang Oanh Inc. a/k/a Hoang Oanh Cafe, Inc., LT 01 Corporation trading as HHN Pawn Broker, Phung Hoang, Inc., VA Icon, Inc., and Wish Diamonds and Fine Jewelry, Inc.'s March 22, 2017 unopposed motion for extension of time is granted, and appellants shall serve the initial brief on or before April 17, 2017. 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 |
2017-02-08
|
| 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 appellants' February 3, 2017 response, this court's January 27, 2017 order to show cause is discharged; further, ORDERED that appellants' request for extension of time, contained in the response, is granted, and appellants shall serve the initial brief within forty-five (45) 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 |
2017-01-27
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of the entry 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 |
2017-01-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that the above-styled appeal shall proceed as a final appeal of the “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016; further, Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 are consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D16-3821.
|
|
| Docket Date |
2016-12-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ "APPELLANT'S JURISDICTIONAL STATEMENT AND STATEMENT REGARDING CONSOLIDATION OF APPEALS"
|
| On Behalf Of |
ASIA SUPERMARKET, INC.
|
|
| Docket Date |
2016-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ASIA SUPERMARKET, INC.
|
|
| Docket Date |
2016-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ASIA SUPERMARKET, INC.
|
|
| Docket Date |
2016-11-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ It appears that the Notice of Appeal on behalf of appellant, a corporation, was not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Communications, 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); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant unless within twenty (20) days from the date of this order the corporation files an amended Notice of Appeal signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel; further,ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, 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. The appellant shall specifically address whether the order is a final, appealable order given that it dismisses a counterclaim, but an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974); Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39 (Fla. 4th DCA 1987); further, ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, the parties shall indicate whether case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 can be consolidated for all purposes, as each appellant is appealing against Eden Center, Inc. the same “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016 in the underlying case number 502012CA020228XXXXMB.
|
|
| Docket Date |
2016-11-15
|
| 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. 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.
|
|
| Docket Date |
2016-11-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DUYEN T. TRUONG, PRESIDENT
|
|
| Docket Date |
2016-11-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MTV SAO, INC., SANG PHAM, PRESIDENT VS EDEN CENTER, INC.
|
4D2016-3827
|
2016-11-14
|
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
2012CA020228XXXXMB
|
Parties
| Name |
MTV SAO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DON H NGUYEN, SAMUEL B WEISSMAN, Nicholas A. Shannin
|
|
| Name |
SANG PHAM, PRESIDENT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EDEN CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason H. Okleshen, Gary M. Dunkel
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-03-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-11-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MTV SAO, INC.
|
|
| Docket Date |
2017-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' September 27, 2017 unopposed motion for extension of time for service of reply brief is granted, and appellants shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants MTV Sao, LLC, Asia Supermarket, Inc., Banh Cuon Saigon, Ben Tre Corporation, Cafe Hoang Oanh Inc. a/k/a Hoang Oanh Cafe, Inc., LT 01 Corporation trading as HHN Pawn Broker, Phung Hoang, Inc., VA Icon, Inc., and Wish Diamonds and Fine Jewelry, Inc.'s March 22, 2017 unopposed motion for extension of time is granted, and appellants shall serve the initial brief on or before April 17, 2017. 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 |
2017-02-08
|
| 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 appellants' February 3, 2017 response, this court's January 27, 2017 order to show cause is discharged; further, ORDERED that appellants' request for extension of time, contained in the response, is granted, and appellants shall serve the initial brief within forty-five (45) 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 |
2017-01-27
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of the entry 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 |
2017-01-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that the above-styled appeal shall proceed as a final appeal of the “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016; further, Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 are consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D16-3821.
|
|
| Docket Date |
2016-12-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829
|
| On Behalf Of |
MTV SAO, INC.
|
|
| Docket Date |
2016-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MTV SAO, INC.
|
|
| Docket Date |
2016-12-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ (WITH COPY OF ORDER ATTACHED)
|
| On Behalf Of |
MTV SAO, INC.
|
|
| Docket Date |
2016-11-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ It appears that the Notice of Appeal on behalf of appellant, a corporation, was not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Communications, 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); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant unless within twenty (20) days from the date of this order the corporation files an amended Notice of Appeal signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel; further,ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, 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. The appellant shall specifically address whether the order is a final, appealable order given that it dismisses a counterclaim, but an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974); Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39 (Fla. 4th DCA 1987); further, ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, the parties shall indicate whether case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 can be consolidated for all purposes, as each appellant is appealing against Eden Center, Inc. the same “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016 in the underlying case number 502012CA020228XXXXMB.
|
|
| Docket Date |
2016-11-15
|
| 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. 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.
|
|
| Docket Date |
2016-11-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SANG PHAM, PRESIDENT
|
|
| Docket Date |
2016-11-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
BEN TRE BAKER, INC., TRUOC HA, PRESIDENT VS EDEN CENTER, INC.
|
4D2016-3825
|
2016-11-14
|
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
2012CA020228XXXXMB
|
Parties
| Name |
TRUOC HA, PRESIDENT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BEN TRE BAKER, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicholas A. Shannin, SAMUEL B WEISSMAN
|
|
| Name |
EDEN CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gary M. Dunkel, Jason H. Okleshen
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-03-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-11-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
|
| Docket Date |
2017-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' September 27, 2017 unopposed motion for extension of time for service of reply brief is granted, and appellants shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants MTV Sao, LLC, Asia Supermarket, Inc., Banh Cuon Saigon, Ben Tre Corporation, Cafe Hoang Oanh Inc. a/k/a Hoang Oanh Cafe, Inc., LT 01 Corporation trading as HHN Pawn Broker, Phung Hoang, Inc., VA Icon, Inc., and Wish Diamonds and Fine Jewelry, Inc.'s March 22, 2017 unopposed motion for extension of time is granted, and appellants shall serve the initial brief on or before April 17, 2017. 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 |
2017-02-08
|
| 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 appellants' February 3, 2017 response, this court's January 27, 2017 order to show cause is discharged; further, ORDERED that appellants' request for extension of time, contained in the response, is granted, and appellants shall serve the initial brief within forty-five (45) 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 |
2017-01-27
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of the entry 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 |
2017-01-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that the above-styled appeal shall proceed as a final appeal of the “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016; further, Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 are consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D16-3821.
|
|
| Docket Date |
2016-12-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ "APPELLANT'S JURISDICTIONAL STATEMENT AND STATEMENT REGARDING CONSOLIDATION OF APPEALS"
|
|
| Docket Date |
2016-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BEN TRE BAKER, INC.
|
|
| Docket Date |
2016-12-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ (COPY OF ORDER ATTACHED)
|
|
| Docket Date |
2016-11-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ It appears that the Notice of Appeal on behalf of appellant, a corporation, was not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Communications, 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); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant unless within twenty (20) days from the date of this order the corporation files an amended Notice of Appeal signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel; further,ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, 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. The appellant shall specifically address whether the order is a final, appealable order given that it dismisses a counterclaim, but an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974); Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39 (Fla. 4th DCA 1987); further, ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, the parties shall indicate whether case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 can be consolidated for all purposes, as each appellant is appealing against Eden Center, Inc. the same “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016 in the underlying case number 502012CA020228XXXXMB.
|
|
| Docket Date |
2016-11-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-11-15
|
| 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. 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.
|
|
| Docket Date |
2016-11-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TRUOC HA, PRESIDENT
|
|
|
|
WISH DIAMONDS & FINE JEWELRY. CHRISTOPHER PHAN, PRESIDENT VS EDEN CENTER, INC.
|
4D2016-3829
|
2016-11-14
|
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
2012CA020228XXXXMB
|
Parties
| Name |
CHRISTOPHER PHAN, PRESIDENT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WISH DIAMONDS & FINE JEWELRY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SAMUEL B WEISSMAN, RYAN CHRISTOPHER FONG, Nicholas A. Shannin, DON H NGUYEN
|
|
| Name |
EDEN CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gary M. Dunkel, Jason H. Okleshen
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-03-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-11-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
WISH DIAMONDS & FINE JEWELRY
|
|
| Docket Date |
2017-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' September 27, 2017 unopposed motion for extension of time for service of reply brief is granted, and appellants shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants MTV Sao, LLC, Asia Supermarket, Inc., Banh Cuon Saigon, Ben Tre Corporation, Cafe Hoang Oanh Inc. a/k/a Hoang Oanh Cafe, Inc., LT 01 Corporation trading as HHN Pawn Broker, Phung Hoang, Inc., VA Icon, Inc., and Wish Diamonds and Fine Jewelry, Inc.'s March 22, 2017 unopposed motion for extension of time is granted, and appellants shall serve the initial brief on or before April 17, 2017. 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 |
2017-02-08
|
| 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 appellants' February 3, 2017 response, this court's January 27, 2017 order to show cause is discharged; further, ORDERED that appellants' request for extension of time, contained in the response, is granted, and appellants shall serve the initial brief within forty-five (45) 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 |
2017-01-27
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of the entry 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 |
2017-01-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that the above-styled appeal shall proceed as a final appeal of the “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016; further, Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 are consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D16-3821.
|
|
| Docket Date |
2016-12-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ "APPELLANT'S JURISDICTIONAL STATEMENT AND STATEMENT REGARDING CONSOLIDATION OF APPEALS"
|
| On Behalf Of |
WISH DIAMONDS & FINE JEWELRY
|
|
| Docket Date |
2016-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WISH DIAMONDS & FINE JEWELRY
|
|
| Docket Date |
2016-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WISH DIAMONDS & FINE JEWELRY
|
|
| Docket Date |
2016-11-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ It appears that the Notice of Appeal on behalf of appellant, a corporation, was not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Communications, 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); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant unless within twenty (20) days from the date of this order the corporation files an amended Notice of Appeal signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel; further,ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, 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. The appellant shall specifically address whether the order is a final, appealable order given that it dismisses a counterclaim, but an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974); Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39 (Fla. 4th DCA 1987); further, ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, the parties shall indicate whether case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 can be consolidated for all purposes, as each appellant is appealing against Eden Center, Inc. the same “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016 in the underlying case number 502012CA020228XXXXMB.
|
|
| Docket Date |
2016-11-15
|
| 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. 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.
|
|
| Docket Date |
2016-11-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTOPHER PHAN, PRESIDENT
|
|
| Docket Date |
2016-11-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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VA ICON, INC., TRANG THUY DUONG, PRESIDENT VS EDEN CENTER, INC.
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4D2016-3824
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2016-11-14
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2012CA020228XXXXMB
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Parties
| Name |
TRANG THUY DUONG, PRESIDENT
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| Role |
Appellant
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| Status |
Active
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| Name |
VA ICON, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
RYAN CHRISTOPHER FONG, SAMUEL B WEISSMAN, DON H NGUYEN, Nicholas A. Shannin
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|
| Name |
EDEN CENTER, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jason H. Okleshen, Gary M. Dunkel
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|
| Name |
Hon. Richard Oftedal
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2018-03-23
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2018-03-23
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2018-03-01
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2017-11-01
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
VA ICON, INC.
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| Docket Date |
2017-10-02
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' September 27, 2017 unopposed motion for extension of time for service of reply brief is granted, and appellants shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
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| Docket Date |
2017-03-27
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants MTV Sao, LLC, Asia Supermarket, Inc., Banh Cuon Saigon, Ben Tre Corporation, Cafe Hoang Oanh Inc. a/k/a Hoang Oanh Cafe, Inc., LT 01 Corporation trading as HHN Pawn Broker, Phung Hoang, Inc., VA Icon, Inc., and Wish Diamonds and Fine Jewelry, Inc.'s March 22, 2017 unopposed motion for extension of time is granted, and appellants shall serve the initial brief on or before April 17, 2017. 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.
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| Docket Date |
2017-02-08
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellants' February 3, 2017 response, this court's January 27, 2017 order to show cause is discharged; further, ORDERED that appellants' request for extension of time, contained in the response, is granted, and appellants shall serve the initial brief within forty-five (45) 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.
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| Docket Date |
2017-01-27
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of the entry 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.
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| Docket Date |
2017-01-12
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that the above-styled appeal shall proceed as a final appeal of the “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016; further, Upon consideration of each appellant’s December 29, 2016 response, it is ORDERED that case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 are consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D16-3821.
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| Docket Date |
2016-12-29
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ "APPELLANT'S JURISDICTIONAL STATEMENT AND STATEMENT REGARDING CONSOLIDATION OF APPEALS"
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| On Behalf Of |
VA ICON, INC.
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| Docket Date |
2016-12-21
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance ~ OF CO-COUNSEL FOR APPELLANT
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| On Behalf Of |
VA ICON, INC.
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| Docket Date |
2016-12-19
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
VA ICON, INC.
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| Docket Date |
2016-11-29
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ It appears that the Notice of Appeal on behalf of appellant, a corporation, was not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Communications, 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); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant unless within twenty (20) days from the date of this order the corporation files an amended Notice of Appeal signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel; further,ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, 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. The appellant shall specifically address whether the order is a final, appealable order given that it dismisses a counterclaim, but an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974); Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39 (Fla. 4th DCA 1987); further, ORDERED that within ten (10) days from the date the amended Notice of Appeal is filed, the parties shall indicate whether case numbers 4D16-3821, 4D16-3822, 4D16-3823, 4D16-3824, 4D16-3825, 4D16-3826, 4D16-3827, 4D16-3828, and 4D16-3829 can be consolidated for all purposes, as each appellant is appealing against Eden Center, Inc. the same “order granting counter-defendant Eden Center, Inc.’s motion to dismiss with prejudice counter-plaintiffs’ fourth amended counterclaim” rendered October 13, 2016 in the underlying case number 502012CA020228XXXXMB.
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| Docket Date |
2016-11-15
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2016-11-15
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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. 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.
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| Docket Date |
2016-11-14
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
TRANG THUY DUONG, PRESIDENT
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| Docket Date |
2016-11-14
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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VA ICON, INC., ET AL. VS EDEN CENTER, INC.
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4D2013-4236
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2013-11-15
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Closed
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA020228
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Parties
| Name |
VA ICON, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Todd A. Romano
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| Name |
EDEN CENTER, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Gary M. Dunkel, Jason H. Okleshen
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| Name |
Hon. Peter D. Blanc
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2014-03-03
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| Type |
Misc. Events
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| Subtype |
Case Closed
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| Description |
Case Closed (No Record)
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| Docket Date |
2014-01-21
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2014-01-21
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte, the above-styled case is hereby dismissed for lack of prosecution.
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| Docket Date |
2013-12-27
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ Upon consideration of appellee's motion filed December 3, 2013, to compel service and filing of appellants' initial brief, it is ORDERED, the appellants in the above-styled case are hereby directed to file with this Court, and show cause in writing, within ten (10) days from the date of the entry of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this Court as of this date, pursuant to Fla. R. App. P. 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2013-12-03
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| Type |
Motions Other
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| Subtype |
Motion To Compel
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| Description |
Motion To Compel ~ (SEE 12/27/13 ORDER)
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| On Behalf Of |
EDEN CENTER, INC.
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| Docket Date |
2013-12-03
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2013-11-21
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2013-11-21
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| Type |
Order
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| Subtype |
Order on Motion to Appear Pro Hac Vice
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| Description |
Atty. show cause pro hac vice ~ The court has received a notice of appeal which appears to be signed by an attorney who is not a member of The Florida Bar.ORDERED that Due H. Tran shall show cause, within ten (10) days from the date of this order, why he should not be removed as counsel, for failure to comply with Fla. R. App. P. 9.440(a) and Fla. R. Jud. Admin. 2.510. Due H. Tran shall tender the $100.00 appearance fee required by section 35.22(3) Fla. Stat. (2009) with the response.
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| Docket Date |
2013-11-15
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
VA ICON, INC.
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| Docket Date |
2013-11-15
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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