| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15-005813
|
Parties
| Name |
YANK BARRY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alan J. Perlman, Vijay Gibran Brijbasi
|
|
| Name |
RICHARD M. ELKIND
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TIMOTHY M. DONOVAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE HERMAN LAW GROUP, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOSEPH B. ELKIND
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOHN P. WILKES, April Halle, Wayne Scott Kramer, Bruce K. Herman
|
|
| Name |
JOHN P. WILKES, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-09-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the September 11, 2019 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2019-09-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-09-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
YANK BARRY
|
|
| Docket Date |
2019-09-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATEMENT OF JURISDICTION
|
| On Behalf Of |
JOSEPH B. ELKIND
|
|
| Docket Date |
2019-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 26, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
YANK BARRY
|
|
| Docket Date |
2019-08-26
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
YANK BARRY
|
|
| Docket Date |
2019-08-26
|
| 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 |
YANK BARRY
|
|
| Docket Date |
2019-08-16
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the "order requiring bond" is an appealable order pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130. See, e.g., S and T Builders v. Globe Properties, Inc., 909 So. 2d 375 (Fla. 4th DCA 2005) (review of a petition for writ of certiorari as to an order that set a bond after the defendant moved to dissolve lis pendens or alternatively to require posting of a bond); Coppenolle v. Falcone, 802 So. 2d 462 (Fla. 4th DCA 2001) (addressing petitioner's argument that she should not have been required to post a bond on the lis pendens); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-08-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-08-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
YANK BARRY
|
|
| Docket Date |
2019-08-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
