|
BRIAN WEST, Appellant(s) v. SHIMON WOLKOWICKI, et al., Appellee(s).
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4D2024-1465
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2024-06-06
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
2016CA001278
|
Parties
| Name |
Brian West
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Kevin Copeland, Nicholas Ari Shannin
|
|
| Name |
Shimon Wolkowicki
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tim Breuer Wright, Gregory Roether Elder
|
|
| Name |
Elena Palinsky
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tim Breuer Wright, Gregory Roether Elder
|
|
| Name |
BABCOCK & MALABAR, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tim Breuer Wright, Gregory Roether Elder
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tim Breuer Wright, Gregory Roether Elder
|
|
| Name |
Hon. Elizabeth Ann Metzger
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Martin Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Appellant's Motion for Extension of Time for the Lower Tribunal Clerk to Prepare the Index to Record on Appeal and Transmit the record on Appeal to Appellate Court
|
| On Behalf Of |
Brian West
|
|
| Docket Date |
2024-10-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
|
| Docket Date |
2024-10-11
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
60 days to December 9, 2024
|
|
| Docket Date |
2024-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Brian West
|
|
| Docket Date |
2024-07-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
ORDERED that the court reporter's request for an extension of time to file the transcript with the clerk of the lower tribunal is granted, and the time for preparation and service of the transcript is extended to and including September 11, 2024. Attorneys shall notify this court of non-compliance. Further, ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) ("An order granting an extension of time for preparation of the record, or the index to the record, or for filing of the transcript of proceedings, shall extend automatically, for a like period, the time for service of the next brief due in the proceedings.").
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| View |
View File
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| Docket Date |
2024-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORDERED that Appellant's June 28, 2024 motion for reinstatement is granted, and the above-styled appeal is reinstated.
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| View |
View File
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|
| Docket Date |
2024-06-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
|
| Docket Date |
2024-06-28
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid - $300
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| View |
View File
|
|
| Docket Date |
2024-06-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| View |
View File
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|
| Docket Date |
2024-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-06-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion for Extension of Time for Court Reporter
|
|
| Docket Date |
2024-06-24
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORDERED that Appellant's October 31, 2024 motion for extension of time is granted, and the time for the clerk of the lower tribunal to transmit the record on appeal is extended thirty (30) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
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| View |
View File
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| Docket Date |
2024-10-16
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| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 26, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| View |
View File
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| Docket Date |
2024-12-20
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| Type |
Order
|
| Subtype |
Order on Motion to Amend/Correct Record
|
| Description |
ORDERED that Appellant's December 9, 2024 motion to allow the record to be corrected is granted as set forth in the motion.
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| View |
View File
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|
| Docket Date |
2024-12-09
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| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion to Amend/Correct Record
|
|
| Docket Date |
2024-11-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - Vol. 1 Pgs 1-6,013
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| On Behalf Of |
Martin Clerk
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|
|
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BRIAN WEST, Appellant(s) v. SHIMON WOLKOWICKI, et al., Appellee(s).
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4D2023-2960
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2023-12-06
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432016CA001278
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Parties
| Name |
Shimon Wolkowicki
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tim Breuer Wright
|
|
| Name |
Elena Palinsky
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tim Breuer Wright
|
|
| Name |
BABCOCK & MALABAR, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tim Breuer Wright
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tim Breuer Wright
|
|
| Name |
Martin Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Brian West
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Kevin Copeland, Gregory Roether Elder, James Doyle Henderson, Nicholas Ari Shannin, Carol Bradshaw Shannin, Dayna Maeder
|
|
Docket Entries
| Docket Date |
2024-02-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
AMENDED MOTION TO HOLD APPEAL IN ABEYANCE AND RELINQUISH JURISDICTION
|
|
| Docket Date |
2024-03-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that Appellant's February 19, 2024 "Amended Unopposed Motion to Hold Appeal in Abeyance and Relinquish Jurisdiction" is denied. Further, ORDERED that, upon consideration of the trial court's January 12, 2024 "Order Vacating Nonfinal Agreed Order Docketed on June 21, 2023," the above-styled appeal is dismissed as prematurely filed.
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| View |
View File
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| Docket Date |
2024-02-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Unopposed Motion to Hold Appeal in Abeyance and Relinquish Jurisdiction
|
| On Behalf Of |
Brian West
|
|
| Docket Date |
2023-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Brian West
|
|
| Docket Date |
2023-12-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
Brian West
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2023-12-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
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|
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Synovus Bank, etc., Appellant(s), v. Water Place Group, LLC, etc., et al., Appellee(s).
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3D2023-1033
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2023-06-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
10-54597
|
Parties
| Name |
ILYA PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RHYS P. LEONARD, LARA ROESKE FERNANDEZ, Paul D Friedman, Rebecca Frances Holljes
|
|
| Name |
WATER PLACE GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ryan Matthew Clancy, Michel Ociacovski Weisz
|
|
| Name |
ANDRES PEREZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HECTOR HERNANDEZ INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Glen H. Waldman, Eleanor Trotman Barnett, Marlon Jay Weiss
|
|
| Name |
ELENA PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALAIN PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHLOE PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. ALAN FINE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Shimon Wolkowicki
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Glen H. Waldman, Eleanor Trotman Barnett, Marlon Jay Weiss
|
|
| Name |
CENALL FUNDING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-31
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-05-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-31
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
IT IS HEREBY ORDERED that the parties' Joint Stipulation for Dismissal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
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| View |
View File
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| Docket Date |
2024-05-24
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation for Dismissal
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2024-04-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief-30 days to 06/07/2024(GRANTED)
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2024-04-05
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Corrected Initial Brief
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2024-03-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
The Joint Motion to Supplement the Record, filed on March 19,
2024, is granted, and the clerk of the trial court is directed to supplement the
record on appeal with the transcripts as stated in said Motion.
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| View |
View File
|
|
| Docket Date |
2024-03-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
JOINT MOTION TO SUPPLEMENT THE RECORD ON APPEAL PURSUANT TO FLA. R. APP. P. 9.200(f)
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2024-03-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
JOINT MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEFS- 60 days to 05/17/2024(Granted)
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2024-03-08
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript VOLUMES I - VII
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-02-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief- 30 days to 03/16/2024 (GRANTED)
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2024-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Designation of Court Reporter
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-11-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Appellant's Agreed Motion to Correct Record and Supplement the Record on Appeal Pursuant to FLA.R.APP.P 9.200(f)
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-10-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time- IB - 60 days to 12/15/2023.
|
| View |
View File
|
|
| Docket Date |
2023-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Appellant's Second Notice of Agreed Extension of Time
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-08-21
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcripts
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 10/16/2023
|
|
| Docket Date |
2023-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-06-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ Certificate of Service
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
| View |
View File
|
|
| Docket Date |
2023-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE CASES: 23-799, 18-1498, 12-2033, 12-843, 11-2423, 11-72
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-06-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2023-06-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant's Initial Brief
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-12-14
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
CORRECTED RECORD ON APPEAL
TRANSCRIPT OF TRIAL
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant's Agreed Motion to Correct and Supplement the
Record on Appeal, filed on November 8, 2023, is granted, and the clerk of
the trial court is directed to supplement the record on appeal with the
documents as stated in said Motion.
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2023-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Appellants' Joint Motion to Consolidate and for Extension of Time to file the initial brief is granted, and it is ordered that the above-referenced appeals are hereby consolidated for the purpose of traveling together and for the record. Appellants shall file the initial briefs on or before January 15, 2024.
Order on Motion to Consolidate
|
| View |
View File
|
|
|
|
Shimon Wolkowicki, et al., Appellant(s), v. Synovus Bank, etc., Appellee(s).
|
3D2023-0799
|
2023-05-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
10-54597
|
Parties
| Name |
Shimon Wolkowicki
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Eleanor Trotman Barnett, Marlon Jay Weiss, Glen H. Waldman
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANDRES PEREZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HECTOR HERNANDEZ INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ILYA PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CENALL FUNDING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ELENA PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHELE PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALAIN PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHLOE PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rebecca Frances Holljes, Paul D. Friedman, Rhys Leonard, Lara Fernandez
|
|
| Name |
WATER PLACE GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-31
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-05-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-31
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
IT IS HEREBY ORDERED that the parties' Joint Stipulation for Dismissal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-05-30
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation for Dismissal
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2024-03-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2024-03-26
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
The appellees are directed to file an answer brief in this cause within ten (10) days from the date of this Order or be precluded from filing a brief and/or presenting an oral argument to the Court in this cause. See Fla. R. App. P. 9.410.
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief- 30 days to 03/16/2024 (GRANTED)
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Appellants' Joint Motion to Consolidate and for Extension of Time to file the
initial brief is granted, and it is ordered that the above-referenced appeals are hereby
consolidated for the purpose of traveling together and for the record. Appellants shall file
the initial briefs on or before January 15, 2024.
Order on Motion to Consolidate
|
| View |
View File
|
|
| Docket Date |
2023-11-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Joint Motion To Consolidate and for Extension of Time
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time-IB-60 days to 11/10/2023.
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 9/11/23
|
|
| Docket Date |
2023-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-07-05
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcripts
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ DESIGNATION TO APPROVED COURT REPORTER, CIVIL COURT REOIRTER, OR APPROVED TRANSCRIPTIONIST, AND REPORTER'S OR APPROVED TRANSCRIPTIONIST'S ACKNOWLEDGEMENT
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-05-04
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ OF SERVICE
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-05-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before May 13, 2023.
|
| View |
View File
|
|
| Docket Date |
2023-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE CASES: 18-1498, 12-2033, 12-843, 11-2423, 11-72
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-05-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
| View |
View File
|
|
| Docket Date |
2023-05-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-05-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Appellee's Unopposed Motion for Extension of Time to Serve Answer Brief in order for the Parties to Finalize and Execute a Settlement Agreement Resolving their Respective Appeals- 21 days to 06/07/2024(GRANTED)
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2024-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee Synovus Bank's Motion for Extension of Time to File
Answer Brief is hereby granted to and including May 17, 2024. Multiple
extensions of time for the same filing are discouraged. Absent extenuating
circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
|
|
Tilia Cordata, LLC, Petitioner(s) v. Yellow Funding Corp., Respondent(s)
|
SC2023-0487
|
2023-04-05
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Mandamus
|
| Court |
Supreme Court of Florida
|
| Originating Court |
3rd District Court of Appeal
3D2022-1101;
|
Parties
| Name |
TILIA CORDATA, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Darius Asly
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Raymond Piccin, Susan P. Bakalar, Michel O. Weisz
|
|
| Name |
Hon. Juan Fernandez-Barquin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-12
|
| Type |
Disposition
|
| Subtype |
Mandamus Deny
|
| Description |
Because petitioner has failed to show a clear legal right to the relief requested, it is not entitled to mandamus relief. Accordingly, the petition for writ of mandamus is hereby denied. See Huffman v. State, 813 So. 2d 10, 11 (Fla. 2000). No motion for rehearing will be entertained by this Court.
|
| View |
View File
|
|
| Docket Date |
2023-04-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Tilia Cordata, LLC
|
| View |
View File
|
|
| Docket Date |
2023-04-05
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
Acknowledgment Letter-New Case-Pay Fee
|
| View |
View File
|
|
| Docket Date |
2023-04-05
|
| Type |
Petition
|
| Subtype |
Appendix
|
| Description |
Appendix to Writ of Mandamus
|
| On Behalf Of |
Tilia Cordata, LLC
|
| View |
View File
|
|
|
|
TILIA CORDATA, LLC, VS YELLOW FUNDING CORP., et al.,
|
3D2022-1101
|
2022-06-27
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-16332
|
Parties
| Name |
TILIA CORDATA, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Darius Asly
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHEL O. WEISZ, LEONARD WILDER, SUSAN P. BAKALAR, ARTHUR J. MORBURGER, RAYMOND A. PICCIN, CANDACE C. SOLIS, MAX A. GOLDFARB, K. JOY MATTINGLY
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-02-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Authored Opinion
|
|
| Docket Date |
2022-12-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-11-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ *Withdrawn, Document Filed in Error
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-11-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB-30 days to 12/08/2022
|
|
| Docket Date |
2022-11-08
|
| 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 |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-11-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ APPELLEE YELLOW FUNDING CORP.'S ANSWER BRIEF
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-11-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-11-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant’s Response to the Motion to Dismiss is noted. Upon consideration, Appellee’s Motion to Dismiss Appeal is hereby carried with the case. SCALES, LINDSEY and LOBREE, JJ., concur.
|
|
| Docket Date |
2022-10-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO DISMISS
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-10-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ APPELLEE, MIAMI OPA LOCKA BUSINESS PARK LLC'S ANSWER BRIEF
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-10-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ *See Opinion issued 2/8/23
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-10-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEE, MIAMI OPA LOCKA BUSINESS PARK LLC'S SUPPLEMENTAL APPENDIX TO ANSWER BRIEF
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB- (MIAMI OPA LOCKA BUSINESS PARK) -15 days to 10/20/22
|
|
| Docket Date |
2022-10-05
|
| 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 |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ CORRECTED NOTICE OF APPEARANCE
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-09-07
|
| 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 |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB (YELLOWFUNDING CORP)-30 days to 11/04/2022
|
|
| Docket Date |
2022-09-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-09-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-08-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY OF COUNSEL
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING CERTIFICATE OF SERVICE
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-07-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Incomplete certificate of service in NOA.Related cases: 22-911, 22-841, 22-734, 21-881 AND 21-318
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-06-27
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2022-06-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2023-02-08
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ After careful consideration, the Court denies Appellee Yellow Funding Corp.’s Motion for Attorney’s Fees. The Motion asserted no basis for recovery of fees against Appellant.
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
|
|
TILIA CORDATA, LLC, VS YELLOW FUNDING CORP., et al.,
|
3D2022-0911
|
2022-05-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-16332
|
Parties
| Name |
TILIA CORDATA, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Darius Asly
|
|
| Name |
MIAMI OPA LOCKA BUSINESS PARK LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ARTHUR J. MORBURGER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IMPERIAL HOUSE CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SUSAN P. BAKALAR, MICHEL O. WEISZ, CANDACE C. SOLIS, MAX A. GOLDFARB, LEONARD WILDER, Luis G. Montaldo
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-07-11
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-06-21
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Prohibition Denied (Including Resp & Reply) (DA32) ~ Following review of the Petition for Writ of Prohibition, the Responses, the Replies, and the Appendices, it is ordered that the Petition is hereby denied. Petitioner’s Response to Respondent Yellow Funding Corp.’s Motion for Attorney’s Fees is noted. Upon consideration of Respondent Yellow Funding Corp.’s Motion for Attorney’s Fees, it is ordered that said Motion is granted pursuant to the attorney fee provision in the mortgage note to be determined by the trial judge.
|
|
| Docket Date |
2022-06-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-06-20
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO YELLOW FUNDING'S RESPONSE TOPETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-06-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONDENT'S MOTION FOR ATTORNEY FEES
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-06-15
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO MIAMI OPA LOCKA BUSINESS PARK, LLC'S RESPONSE TO PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-06-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF PROHIBITION AND OF MANDAMUS
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-06-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-06-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of Petitioner's Motion for Clarification filed on June 10, 2022, Petitioner shall file a reply within five (5) days of the Response to the Petition for Writ of Prohibition that was filed on June 9, 2022. SCALES, HENDON and GORDO, JJ., concur.
|
|
| Docket Date |
2022-06-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FORWRIT OF PROHIBITION
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-06-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLEE/RESPONDENT,MIAMI OPA LOCKA BUSINESS PARK LLC'SRESPONSE TO PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
| Docket Date |
2022-05-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2022-05-31
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order a Response - Prohibition (OR12K) ~ Respondents are ordered to, and the respondent judge may, file a response within fifteen (15) days of the date of this Order to the Petition for Writ of Prohibition. This Order does not stay further proceedings in the lower tribunal. Further, a reply may be filed five (5) days thereafter. SCALES, HENDON and GORDO, JJ., concur.
|
|
| Docket Date |
2022-05-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-27
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF PROHIBITIONRELATED CASES: 22-841, 22-734, 21-881 AND 21-318
|
| On Behalf Of |
TILIA CORDATA, LLC,
|
|
|
|
ARTHUR MORBURGER, VS YELLOW FUNDING CORP., et al.,
|
3D2022-0841
|
2022-05-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-16332
|
Parties
| Name |
ARTHUR J. MORBURGER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MAX A. GOLDFARB
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHEL O. WEISZ, LEONARD WILDER
|
|
| Name |
MIAMI OPA LOCKA BUSINESS PARK LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-07-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-07-01
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Certify
|
| Description |
Certification Denied (OD59) ~ Upon consideration, Petitioner’s Motion to Certify Conflict, to Issue a Written Opinion, and for Rehearing is denied. LOGUE, SCALES and GORDO, JJ., concur.
|
|
| Docket Date |
2022-05-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2022-05-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO CERTIFY CONFLICT TO ISSUE A WRITTEN OPINION AND REHEARING
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2022-05-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-05-20
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Prohibition Denied (No Response) (DA32B) ~ The Amended Petition for Writ of Prohibition filed on May 20, 2022, is accepted by the Court. Following review of the Amended Petition for Writ of Prohibition, it is ordered that said Petition is hereby denied.
|
|
| Docket Date |
2022-05-20
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ AMENDED PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2022-05-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Petitioner that the filing and prosecution of a petition for writ of prohibition in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this petition will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before May 29, 2022.
|
|
| Docket Date |
2022-05-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX TO PETITION FOR WRIT OF PROHIBITION.
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2022-05-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a petition for writ of prohibition is due.
|
|
| Docket Date |
2022-05-19
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF PROHIBITION. RELATED CASES: 22-734, 21-881 AND 21-318
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
|
|
ARTHUR MORBURGER, v. YELLOW FUNDING CORP., et al.,
|
3D2022-0734
|
2022-05-02
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-16332
|
Parties
| Name |
Arthur Joseph Morburger
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Max Aaron Goldfarb
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michel Ociacovski Weisz
|
|
| Name |
MIAMI OPA LOCKA BUSINESS PARK LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Raymond Anthony Piccin, Leonard Wilder
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2023-11-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Upon consideration, Appellee Yellow Funding Corp.'s Motion for Clarification is hereby granted, and the assessment of attorneys' fees is remanded to the trial court.
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Upon consideration of Appellee Yellow Funding Corp.'s Motion for Attorney's Fees, it is ordered that said Motion is granted.
SCALES, HENDON and LOBREE, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-08-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, Appellant’s Amended Motion for Rehearing or Clarification of the Court’s August 15, 2023, Order is hereby denied. SCALES, HENDON and LOBREE, JJ., concur.
|
|
| Docket Date |
2023-08-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ Or Clarification
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2023-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment denied (OD49) ~ Appellant’s Reply to the Response to the Motion to Relinquish Jurisdiction is noted. Appellee Yellow Funding Corp.’s Response to Appellant’s Amended Motion to Relinquish Jurisdiction is noted. Upon consideration, Appellant’s Motion for Leave of Lower Court to Proceed with Hearing of Pending Motion is treated as a motion to relinquish jurisdiction, and the motion is hereby denied.
|
|
| Docket Date |
2023-08-15
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ To Motion for Leave
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2023-08-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ To Amended Motion to Relinquish Jurisdiction
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2023-07-31
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellees are ordered to file a response, within ten (10) days from the date of this Order, to Appellant's "Motion for Leave of Lower Court to Proceed with Hearing".
|
|
| Docket Date |
2023-07-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2023-05-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY OF COUNSEL
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-07-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Appellee Yellow Funding Corp.’s Motion for Leave to File an Amended Answer Brief is treated as a motion to file a sur-reply brief, and the motion is hereby denied.
|
|
| Docket Date |
2022-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellant’s Motion for an Extension of Time to File the Reply Brief is granted as stated in the Motion
|
|
| Docket Date |
2022-07-11
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2022-06-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEE, YELLOW FUNDING CORP'S SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-06-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-05-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2022-05-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO INITIAL BRIEF
|
| On Behalf Of |
Arthur Joseph Morburger
|
|
| Docket Date |
2022-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-05-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2022-05-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2022-07-11
|
| 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 |
Arthur Joseph Morburger
|
|
| Docket Date |
2022-07-11
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ APPELLEE'S MOTION FOR LEAVE TO FILE AN AMENDED ANSWER BRIEF
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2022-05-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before May 12, 2022.
|
|
| Docket Date |
2022-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
|
|
ARTHUR JOSEPH MORBURGER VS YELLOW FUNDING CORP.
|
SC2021-1730
|
2021-12-17
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D21-318
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132019CA016332000001
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D21-881
|
Parties
| Name |
Arthur Joseph Morburger
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
MAX A. GOLDFARB
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
MICHEL O. WEISZ
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-23
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris & Atty Fees Gr (Cond Offer Settle)
|
| Description |
DISP-REV DY LACK JURIS & ATTY FEES GR (COND OFFER SETTLE) ~ 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).Respondent's motion for attorney's fees is granted in the amount of $2,500.00, conditioned on the trial court's determination, at the conclusion of the case, that under Florida Rule of Civil Procedure 1.442, respondent is entitled to attorney's fees pursuant to a proposal for settlement.
|
| View |
View File
|
|
| Docket Date |
2022-02-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Response to Motion for Attorney's Fees
|
| On Behalf Of |
Arthur Joseph Morburger
|
| View |
View File
|
|
| Docket Date |
2022-01-28
|
| Type |
Brief
|
| Subtype |
Juris Answer (Amended)
|
| Description |
JURIS ANSWER AMD BRIEF ~ RESPONDENT'S AMENDED REPLY TO PETITION TO INVOKE DISCRETIONARY JURISDICTION
|
| On Behalf Of |
Yellow Funding Corp.
|
| View |
View File
|
|
| Docket Date |
2022-01-27
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Respondent's jurisdictional answer brief, which was filed with this Court on January 26, 2022, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before February 1, 2022, to file an amended answer brief which shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service.
|
| View |
View File
|
|
| Docket Date |
2022-01-26
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
MOTION-ATTORNEYS FEES ~ RESPONDENT'S MOTION FOR ATTORNEY FEES
|
| On Behalf Of |
Yellow Funding Corp.
|
| View |
View File
|
|
| Docket Date |
2022-01-26
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ *STRICKEN 1/27/22. Does not contain appropriate sections*
|
| On Behalf Of |
Yellow Funding Corp.
|
| View |
View File
|
|
| Docket Date |
2021-12-28
|
| Type |
Brief
|
| Subtype |
Juris Initial (Amended)
|
| Description |
JURIS INITIAL AMD BRIEF
|
| On Behalf Of |
Arthur Joseph Morburger
|
| View |
View File
|
|
| Docket Date |
2021-12-27
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF
|
| On Behalf Of |
Arthur Joseph Morburger
|
| View |
View File
|
|
| Docket Date |
2021-12-27
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's jurisdictional initial brief, which was filed with this Court on December 27, 2021, does not comply with Florida Rules of Appellate Procedure for 9.120(d) and 9.210 and is hereby stricken. Petitioner is hereby directed, on or before January 4, 2022, to serve an amended brief which shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service.
|
| View |
View File
|
|
| Docket Date |
2021-12-22
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2021-12-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Arthur Joseph Morburger
|
| View |
View File
|
|
| Docket Date |
2021-12-20
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2021-12-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-12-17
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Arthur Joseph Morburger
|
| View |
View File
|
|
|
|
ARTHUR J. MORBURGER, VS YELLOW FUNDING CORP.,
|
3D2021-0881
|
2021-04-07
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-16332
|
Parties
| Name |
ARTHUR J. MORBURGER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MAX A. GOLDFARB
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHEL O. WEISZ, Darius Asly, CANDACE C. SOLIS
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
John A. Tomasino
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-23
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court onjurisdictional briefs and portions of the record deemed necessary toreflect jurisdiction under Article V, Section 3(b), FloridaConstitution, and the Court having determined that it shoulddecline to accept jurisdiction, it is ordered that the petition forreview is denied.No motion for rehearing will be entertained by the Court. SeeFla. R. App. P. 9.330(d)(2).Respondent’s motion for attorney’s fees is granted in theamount of $2,500.00, conditioned on the trial court’sdetermination, at the conclusion of the case, that under FloridaRule of Civil Procedure 1.442, respondent is entitled to attorney’sfees pursuant to a proposal for settlement.
|
|
| Docket Date |
2021-12-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-20
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2021-12-17
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-12-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2021-12-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Appellee’s Response to Appellant’s Motion for Rehearing and Rehearing En Banc, filed on November 26, 2021, is noted.Upon consideration, Appellant’s Motion for Rehearing is hereby denied. EMAS, LINDSEY and LOBREE, JJ., concur. Appellant’s Motion for Rehearing En Banc is denied.
|
|
| Docket Date |
2021-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ SECOND
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-11-11
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-11-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellee’s Motion for Attorney’s Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount.
|
|
| Docket Date |
2021-10-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2021-09-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-08-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-08-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR ATTORNEY FEES
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-08-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-10 days to 8/23/2021
|
|
| Docket Date |
2021-07-28
|
| 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 |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-07-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-07-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO SUPPLEMENTAL RECORD
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-07-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration of Appellant's pro se Motion to Require the Clerk to File the Record, said Motion is hereby denied. Appellant shall file the initial brief within five (5) days from the date of this Order. Failure to comply shall result in dismissal of this appeal.
|
|
| Docket Date |
2021-07-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO THE ORDER OF THE COURT, MOTION TOREQUIRE CLERK TO FILE RECORD, AND MOTION FOR EXTENSION OFTIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-06-29
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Upon consideration of Appellee’s Motion to Set Briefing Schedule and pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2021-06-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S TO MOTION SET BRIEFING SCHEDULE
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-05-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellee’s Response to pro se Appellant’s Motion to Expedite and Consolidate is noted. Upon consideration of pro se Appellant’s Motion to Expedite and Consolidate, the Motion to Expedite is hereby denied. The Motion to Consolidate is granted, and it is ordered the above-referenced appeals are hereby consolidated for the purpose of traveling together.
|
|
| Docket Date |
2021-05-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION TO EXPEDITE AND CONSOLIDATE
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING DESIGNATION TO APPROVED COURT REPORTER, OR APPROVED TRANSCRIPTIONIST, AND REPORTER'S OR APPROVED TRANSCRIPTIONIST'S ACKNOWLEDGEMENT
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-04-26
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellee is ordered to file a response within ten (10) days of the date of this Order to Appellant's pro se Motion to Expedite and Consolidate.
|
|
| Docket Date |
2021-04-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Expedite
|
| Description |
Motion To Expedite ~ APPELLANT'S MOTION TO EXPEDITE AND CONSOLIDATE
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-04-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO ORDER TO PROVIDE SERVICE LIST
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-04-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal on or before April 18, 2021, or unless a certified copy of the application for determination of civil indigent status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
| Docket Date |
2021-04-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-04-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2021-04-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE. RELATED CASE: 21-318
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-04-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
ARTHUR J. MORBURGER, VS YELLOW FUNDING CORP.,
|
3D2021-0318
|
2021-01-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-16332
|
Parties
| Name |
ARTHUR J. MORBURGER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MAX A. GOLDFARB
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHEL O. WEISZ, Darius Asly, BECKER & POLIAKOFF, P.A.
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-23
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court onjurisdictional briefs and portions of the record deemed necessary toreflect jurisdiction under Article V, Section 3(b), FloridaConstitution, and the Court having determined that it shoulddecline to accept jurisdiction, it is ordered that the petition forreview is denied.No motion for rehearing will be entertained by the Court. SeeFla. R. App. P. 9.330(d)(2).Respondent’s motion for attorney’s fees is granted in theamount of $2,500.00, conditioned on the trial court’sdetermination, at the conclusion of the case, that under FloridaRule of Civil Procedure 1.442, respondent is entitled to attorney’sfees pursuant to a proposal for settlement.
|
|
| Docket Date |
2021-12-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-20
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2021-12-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2021-12-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Appellee’s Response to Appellant’s Motion for Rehearing and Rehearing En Banc, filed on November 26, 2021, is noted.Upon consideration, Appellant’s Motion for Rehearing is hereby denied. EMAS, LINDSEY and LOBREE, JJ., concur. Appellant’s Motion for Rehearing En Banc is denied.
|
|
| Docket Date |
2021-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION TO STRIKE
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-11-30
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ WITHDRAWAL OF MOTION TO STRIKE APPELLEE'S UNTIMELYRESPONSE
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ MOTION TO STRIKE APPELLEE'S UNTIMELY RESPONSE
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-11-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Response to Appellant Morburger's Motion for Rehearing and Rehearing En Banc
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ SECOND
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-11-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-11-11
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-10-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2021-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellee’s Motion for Attorney’s Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount.
|
|
| Docket Date |
2021-09-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Pro se Appellant's Notice of Misfiling is noted. Pro se Appellant's Motion to Correct Error is granted as stated in the Motion.
|
|
| Docket Date |
2021-09-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANT'S NOTICE OF MISFILING AND MOTION TOCORRECT ERROR
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-08-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Pro se Appellant’s Motion for Leave to File an Amended Reply Brief is granted, and the Amended Reply Brief, filed on August 29, 2021, is deemed filed.
|
|
| Docket Date |
2021-08-30
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ APPELLANT'S MOTION FOR LEAVE TO FILE AN AMENDEDREPLY BRIEF
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-08-30
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Reply Brief ~ AA does not wish this Am. RB to be considered. See motion of 9/9/21.
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-08-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ AA does not wish this Am. RB to be considered. See motion of 9/9/21.
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment denied (OD49) ~ Upon consideration of pro se Appellant’s Motion to Relinquish Jurisdiction, and Appellee Yellow Funding Corp.’s Response thereto, the Motion to Relinquish Jurisdiction is hereby denied.
|
|
| Docket Date |
2021-08-17
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ APPELLEE'S REPLY TO RESPONSE TO MOTION FOR ATTORNEYFEES
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-08-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION TO RELINQUISHJURISDICTION
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-08-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-08-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellees are ordered to file a response within ten (10) days of the date of this Order to the Motion to Relinquish Jurisdiction.
|
|
| Docket Date |
2021-08-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-06-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-06-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-06-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR ATTORNEY FEES
|
| On Behalf Of |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-05-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellee’s Response to pro se Appellant’s Motion to Expedite and Consolidate is noted. Upon consideration of pro se Appellant’s Motion to Expedite and Consolidate, the Motion to Expedite is hereby denied. The Motion to Consolidate is granted, and it is ordered the above-referenced appeals are hereby consolidated for the purpose of traveling together.
|
|
| Docket Date |
2021-04-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellee’s Motion for Extension of Time to File the Answer Brief is granted to and including June 16, 2021.
|
|
| Docket Date |
2021-04-23
|
| 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 |
YELLOW FUNDING CORP.
|
|
| Docket Date |
2021-04-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, pro se Appellant’s Motion to Expedite is hereby denied.
|
|
| Docket Date |
2021-04-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Expedite
|
| Description |
Motion To Expedite
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-04-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-15 days to 4/13/21
|
|
| Docket Date |
2021-03-29
|
| 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 |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-03-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-02-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal ~ Payment of filing fee and certificate of service.
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE.
|
| On Behalf Of |
ARTHUR J. MORBURGER
|
|
| Docket Date |
2021-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal on or before January 29, 2021, or unless a certified copy of the application for determination of civil indigent status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
| Docket Date |
2021-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2021-01-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
SHIMON WOLKOWICKI, ELENA PALINSKY, BABCOCK & MALABAR, LLC and YELLOW FUNDING CORP. VS BRIAN WEST
|
4D2020-1323
|
2020-06-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432016CA001278
|
Parties
| Name |
BABCOCK & MALABAR, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Shimon Wolkowicki
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Tim B. Wright, Paul J Parton
|
|
| Name |
Elena Palinsky
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Brian West
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Allan P. Whitehead, James D. Henderson, Gregory R. Elder
|
|
| Name |
Hon. Gary L. Sweet
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ REPLY TO PETITIONER'S RESPONSE IN OPPOSITION TO WEST'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Brian West
|
|
| Docket Date |
2020-10-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ RESPONSE IN OPPOSITION TO WEST'S MOTION FOR APPELLATE ATTORNEY'S FEES, OR IN THE ALTERNATIVE, MOTION FOR REHEARING ON ORDER GRANTING WEST'S MOTION FOR APPELLATE ATTORNEY'S FEES DATED OCTOBER 6, 2020
|
| On Behalf Of |
Shimon Wolkowicki
|
|
| Docket Date |
2020-10-06
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-10-06
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the June 8, 2020 petition for writ of certiorari is denied. Further,ORDERED that petitioners’ September 22, 2020 motion for appellate attorneys’ fees and costs is denied. Further,ORDERED that respondent's September 24, 2020 motion for attorney's fees is granted conditioned on the trial court determining that respondent 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.DAMOORGIAN, CONNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2020-09-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **GRANTED, SEE 10/06/2020 ORDER**
|
| On Behalf Of |
Brian West
|
|
| Docket Date |
2020-09-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **DENIED, SEE 10/06/2020 ORDER** AND COSTS
|
| On Behalf Of |
Shimon Wolkowicki
|
|
| Docket Date |
2020-09-22
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Shimon Wolkowicki
|
|
| Docket Date |
2020-09-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Brian West
|
|
| Docket Date |
2020-08-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's August 24, 2020 motion for extension of time is granted, and the time for filing a response is extended to and including September 12, 2020.
|
|
| Docket Date |
2020-08-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Brian West
|
|
| Docket Date |
2020-06-10
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Shimon Wolkowicki
|
|
| Docket Date |
2020-06-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2020-06-08
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **Filing Fee Paid Through Portal** **STRICKEN**
|
|
| Docket Date |
2020-06-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2020-06-08
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Shimon Wolkowicki
|
|
| Docket Date |
2020-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that petitioner’s response in opposition to respondent’s motion for appellate attorney’s fees, or in the alternative motion for rehearing on order granting West’s motion for appellate attorney’s fees dated October 6, 2020 is granted, and respondent’s September 24, 2020 motion for appellate attorney’s fees is denied as untimely. A motion for appellate attorney’s fees must be served no later than the time for service of the reply. Fla. R. App. P. 9.400(b)(2). This court’s July 29, 2020 order permitted a reply within 10 days of service of the response. Respondent’s response was served on Saturday, September 12, 2020. In computing the time for service of the reply the 10 days begins “from the next day that is not a Saturday, Sunday, or legal holiday.” Fla. R. Jud. Admin. 2.514(a)(1)(A). As the first day of the 10-day time period started on September 14, 2020 to be timely, the motion for appellate attorney’s fees had to be served by September 23, 2020.
|
|
| Docket Date |
2020-07-29
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioners may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2020-06-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioners' 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 text searchable and 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.
|
|
|
|
BRIAN WEST VS PIROGEE INVESTMENTS, LLC and YELLOW FUNDING CORP.
|
4D2019-3047
|
2019-09-30
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432019CA000674
|
Parties
| Name |
BRIAN WEST
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Richard Weinman
|
|
| Name |
PIROGEE INVESTMENTS, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Tim B. Wright, Rebecca F. Holljes, Paul D. Friedman
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. William L. Roby
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-13
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2020-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Judicial Notice
|
| Description |
Order Granting Motion/Request for Judicial Notice ~ ORDERED that petitioner’s March 20, 2020 motion requesting judicial notice is granted. The court takes judicial notice of the bankruptcy court’s March 17, 2020 order.
|
|
| Docket Date |
2020-03-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
BRIAN WEST
|
|
| Docket Date |
2019-12-31
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
BRIAN WEST
|
|
| Docket Date |
2019-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-Grant Motion for Review ~ ORDERED that, having considered the response, Petitioner's November 22, 2019 motion for review is granted. The proceedings below are stayed pending the outcome of this case.
|
|
| Docket Date |
2019-12-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO CORRECTED PETITION
|
| On Behalf Of |
PIROGEE INVESTMENTS, LLC
|
|
| Docket Date |
2019-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ HEARING TRANSCRIPT OF OCTOBER 28, 2019
|
| On Behalf Of |
BRIAN WEST
|
|
| Docket Date |
2019-12-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
PIROGEE INVESTMENTS, LLC
|
|
| Docket Date |
2019-12-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that respondents are directed to respond, within five (5) days from the date of this order, to petitioner’s November 22, 2019 motion for review.
|
|
| Docket Date |
2019-11-22
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
BRIAN WEST
|
|
| Docket Date |
2019-11-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent’s November 8, 2019 motion for extension of time is granted, and the time for filing a response to this court’s order to show cause is extended to December 11, 2019.
|
|
| Docket Date |
2019-11-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
PIROGEE INVESTMENTS, LLC
|
|
| Docket Date |
2019-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Judicial Notice
|
| Description |
Order Granting Motion/Request for Judicial Notice ~ ORDERED that petitioner’s October 16, 2019 motion requesting judicial notice is granted. The court takes judicial notice of the bankruptcy court’s October 8, 2019 order; further, ORDERED that, within twenty (20) days of this order, respondents shall file a response to the petition for writ of certiorari and show cause why the relief requested should not be granted. Petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2019-10-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF RELATED CASES OR ISSUES
|
| On Behalf Of |
BRIAN WEST
|
|
| Docket Date |
2019-10-16
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
BRIAN WEST
|
|
| Docket Date |
2019-10-03
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ (AMENDED)
|
| On Behalf Of |
BRIAN WEST
|
|
| Docket Date |
2019-10-03
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ (CORRECTED)
|
| On Behalf Of |
BRIAN WEST
|
|
| Docket Date |
2019-10-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2019-10-01
|
| 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 paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked 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 |
2019-09-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2019-09-30
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **FILING FEE PAID THROUGH PORTAL**
|
| On Behalf Of |
BRIAN WEST
|
|
| Docket Date |
2019-09-30
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **FILING FEE PAID THROUGH PORTAL** **STRICKEN**
|
|
| Docket Date |
2020-04-13
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that, having considered the response and reply to this court’s order to show cause, the petition for writ of certiorari is granted. The trial court departed from the essential requirements of law by allowing the 2019 case to proceed because it involves substantially similar issues and parties as the 2014 case. Further, as explained by the bankruptcy court, any ownership determination made by the state court in this case will violate the automatic stay and be void. Accordingly, the trial court’s order denying a stay is quashed.WARNER, CONNER and FORST, JJ., concur.
|
|
|
