|
ELIOT IVAN BERNSTEIN VS TED BERNSTEIN, AS TRUSTEE, et al.
|
4D2017-1932
|
2017-06-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CP003698XXXXNB
|
Parties
| Name |
ELIOT IVAN BERNSTEIN *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THEODORE STUART BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PAMELA BETH SIMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CBIZ MHM, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
T&S REGISTERED AGENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM MCCABE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JILL IANTONI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LIFE INSURANCE CONCEPTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MOLLY SIMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALEXANDRA BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRIAN MOYNIHAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TED BERNSTEIN, AS TRUSTEE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter Marshall Feaman, ALBERT GORTZ, Joielle A. Foglietta, John Pankauski, DENNIS MCNAMARA, CHARLES D. RUBIN, RALPH S. JANVEY, Brian M. O'Connell, ROBERT SPALLINA, BYRD "BIFF" F. MARSHALL, JR., KENNETH S. POLLOCK, Alan Benjamin Rose, Lorin Louis Mrachek, Steven A. Lessne, John P. Morrissey, KIMBERLY MORAN, Mark R. Manceri, JOSEPH M. LECCESE, HUNT WORTH, Gary R. Shendell, DONALD R. TESCHER
|
|
| Name |
NEIL WOLFSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF SIMON L. BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
M.F., A Minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DENNIS G. BEDLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ERIC BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES DIMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HERITAGE UNION LIFE INS. CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHAEL BERNSTEIN, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STP ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID LANCIOTTI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LISA FRIEDSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GERALD LEWIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LINDSAY BAXLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Rosemarie Scher
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-06-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ELIOT IVAN BERNSTEIN *P*
|
|
| Docket Date |
2017-06-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2017-08-23
|
| Type |
Order
|
| Subtype |
Prohibited from Pro Se Filing
|
| Description |
PROHIBITED from further pro se filings ~ ORDERED that on July 19, 2017, this court ordered appellant to show cause why sanctions should not be imposed. Having considered appellant's August 8 and August 18, 2017 partial responses and motions for extension of time to respond, we deny the request for extension of time in the August 18, 2017 motion (we granted a short extension requested in the August 8, 2017 motion) and determine that sanctions are appropriate. For the reasons set forth in the July 19, 2017 order to show cause, we now impose sanctions pursuant to Johnson v. Bank of New York Mellon Trust Co., 136 So. 3d 507, 508 (Fla. 2014); Lomax v. Taylor, 149 So. 3d 1135, 1137 (Fla. 2014); Riethmiller v. Riethmiller, 133 So. 3d 926 (Fla. 2013). The Clerk of this Court is directed to no longer accept any paper filed by Eliot Ivan Bernstein unless the document has been reviewed and signed by a member in good standing of the Florida Bar who certifies that a good faith basis exists for each claim presented.
|
|
| Docket Date |
2017-08-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (PARTIAL) *AND* REQUEST FOR EXTENSION OF TIME, ETC.
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ ORDERED that appellant's motion for extension of time, included in his August 8, 2017 partial response to this court's order to show cause, is denied. Appellant shall file the remainder of his response within two (2) days. Failure to do so will result in this court treating the August 8, 2017 response as appellant's complete response.
|
|
| Docket Date |
2017-08-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-08-10
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-08-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ (PARTIAL) *AND* REQUEST FOR A FURTHER EXTENSION OF TIME TO FULLYSUBMIT BASED ON MEDICAL TREATMENT
|
|
| Docket Date |
2017-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's July 31, 2017 motion for extension of time is granted. Appellant shall respond to this court's July 19, 2017 order within five (5) days from the date of this order.
|
|
| Docket Date |
2017-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AND OPPOSITION TO REQUEST FOR A REASONABLE EXTENSION OF TIME TO RESPOND TO JULY 19, 2017 ORDER TO SHOW CAUSE
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-07-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
|
| Docket Date |
2017-07-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellee's June 26, 2017 motion to dismiss is granted. This appeal is dismissed. Further, ORDERED that appellant has initiated numerous meritless and improper pro se proceedings in this court and has abused the court system. See, eg.: 15-3849 - petition denied; 16-0064 - petition denied; 16-0222 - affirmed; 16-1449, 16-1476, 16-1478 (consolidated) - dismissed for lack of prosecution; 16-2249 - dismissed for lack of standing; 16-3162 - dismissed for lack of jurisdiction; 16-4120 - dismissed for lack of jurisdiction; 17-1607 - dismissed; 17-1608 - dismissed for nonpayment of filing fee. Appellant is ORDERED to show cause, within ten (10) days, why this court should not impose the sanction of no longer accepting his pro se filings. See Johnson v. Bank of New York Mellon Trust Co., 136 So. 3d 507, 508 (Fla. 2014); Lomax v. Taylor, 149 So. 3d 1135, 1137 (Fla. 2014); Riethmiller v. Riethmiller, 133 So. 3d 926 (Fla. 2013); May v. Barthet, 934 So. 2d 1184, 1186 (Fla. 2006).TAYLOR, DAMOORGIAN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2017-06-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
|
|
ELIOT IVAN BERNSTEIN VS ESTATE OF SIMON L BERNSTEIN, et. al.
|
4D2017-1607
|
2017-05-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2012CP004391
|
Parties
| Name |
WILLIAM MCCABE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ELIOT IVAN BERNSTEIN *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DENNIS MCNAMARA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CBIZ MHM, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADR & Mediations Services, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID LANCIOTTI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KIMBERLY MORAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LISA FRIEDSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STP ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRIAN MOYNIHAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NEIL WOLFSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LINDSAY BAXLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Simon L Bernstein
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian M. O'Connell, Peter Marshall Feaman, Pankauski Law Firm PLLC, Lorin Louis Mrachek, Gary R. Shendell, ALBERT GORTZ, Mark R. Manceri, Alan Benjamin Rose, John P. Morrissey, Joielle A. Foglietta, John Pankauski, KENNETH S. POLLOCK, Tescher & Spallina, P.A., DONALD R. TESCHER, ROBERT LOUIS SPALLINA, Steven A. Lessne
|
|
| Name |
M.F., A Minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES DIMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THEODORE STUART BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HERITAGE UNION LIFE INS. CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOSEPH M. LECCESE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RALPH S. JANVEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J.I., A Minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHARLES D. RUBIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JILL IANTONI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
C.F., A Minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PAMELA BETH SIMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HUNT WORTH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GERALD LEWIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DENNIS G. BEDLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
T & S REGISTERED AGENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BYRD "BIFF" F. MARSHALL, JR.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Rosemarie Scher
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-07-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellant's July 6, 2017 response, it is ORDERED that appellee's June 9, 2017 motion to dismiss appeal is granted, and the above-styled appeal is dismissed for lack of jurisdiction.GROSS, MAY and FORST, JJ concur.
|
|
| Docket Date |
2017-07-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO DISMISS
|
|
| Docket Date |
2017-06-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ Upon consideration of appellee's June 21, 2017 response and consent to short extension of time, it is ORDERED that appellant's June 19, 2017 motion for a reasonable extension of time to answer appellee's motion to dismiss appeal" is granted, and appellant shall file a response to the motion to dismiss within five (5) days from the date of this order. The appellant's request for a stay, found in the motion, is denied.
|
|
| Docket Date |
2017-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ *AND* CONSENT TO SHORT EXTENSION OF TIME
|
| On Behalf Of |
Estate of Simon L Bernstein
|
|
| Docket Date |
2017-06-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION TO DISMISS APPEAL
|
|
| Docket Date |
2017-06-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Estate of Simon L Bernstein
|
|
| Docket Date |
2017-06-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-06-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-05-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2017-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ELIOT IVAN BERNSTEIN *P*
|
|
|
|
ELIOT IVAN BERNSTEIN VS ESTATE OF SIMON L. BERNSTEIN
|
4D2017-1608
|
2017-05-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2012CP004391
|
Parties
| Name |
ELIOT IVAN BERNSTEIN *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Pankauski Law Firm PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STP ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J.I., A Minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Steven A. Lessne
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NEIL WOLFSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LISA FRIEDSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PAMELA BETH SIMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JILL IANTONI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES DIMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHARLES D. RUBIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CBIZ MHM, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BYRD "BIFF" F. MARSHALL, JR.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GERALD LEWIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RALPH S. JANVEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADR & Mediations Services, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM MCCABE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
C.F., A Minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF SIMON L. BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John P. Morrissey, ROBERT LOUIS SPALLINA, Lorin Louis Mrachek, Mark R. Manceri, KENNETH S. POLLOCK, Joielle A. Foglietta, John Pankauski, Steven A. Lessne, Alan Benjamin Rose, KIMBERLY MORAN, Gary R. Shendell, Brian M. O'Connell, DONALD R. TESCHER, ALBERT GORTZ, Peter Marshall Feaman
|
|
| Name |
M.F., A Minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
T & S REGISTERED AGENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HERITAGE UNION LIFE INS. CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THEODORE STUART BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID LANCIOTTI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TESCHER & SPALLINA, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KIMBERLY MORAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRIAN MOYNIHAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HUNT WORTH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DENNIS MCNAMARA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LINDSAY BAXLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DENNIS G. BEDLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOSEPH M. LECCESE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Roger B. Colton
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
7777-11-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR PANKAUSKI LAW FIRM PLLC. RETURN TO SENDER, ATTEMPTED NOT KNOWN. NEW ADDRESS OBTAINED. REMAILED 11/28/2017.
|
|
| Docket Date |
7777-11-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR PANKAUSKI LAW FIRM PLLC. FORWARDING TIME EXPIRED. UPDATED ADDRESS AND RE-MAILED ORDER OF DISMISSAL.
|
|
| Docket Date |
2017-11-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-11-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED that appellee's October 9, 2017 motion to dismiss is granted, and the above-styled case is dismissed for lack of prosecution.GERBER, C.J., LEVINE and FORST, JJ., concur.
|
|
| Docket Date |
2017-10-11
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 21, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2017-10-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ ***GRANTED, SEE THE 11/01/2017 ORDER***
|
| On Behalf Of |
ESTATE OF SIMON L. BERNSTEIN
|
|
| Docket Date |
2017-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant's July 17, 2017 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2017-07-26
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2017-07-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ "NOTICE OF COMPLIANCE AND REQUEST TO REINSTATE APPEAL THAT WAS DISMISSED SUA SPONTE FOR FAILURE TO COMPLY"
|
|
| Docket Date |
2017-07-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-07-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2017-06-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-06-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ELIOT IVAN BERNSTEIN *P*
|
|
| Docket Date |
2017-05-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
ELIOT IVAN BERNSTEIN VS TED BERNSTEIN, AS TRUSTEE, ETC., ET AL.
|
4D2016-3314
|
2016-09-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2014CP003698XXXXNB
|
Parties
| Name |
ELIOT IVAN BERNSTEIN *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GERALD LEWIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID LANCIOTTI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THEODORE STUART BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STP ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HUNT WORTH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JILL IANTONI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES DIMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RALPH S. JANVEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF SIMON BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HERITAGE UNION LIFE INS. CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LISA FRIEDSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
T & S REGISTERED AGENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TED BERNSTEIN, AS TRUSTEE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lorin Louis Mrachek, ROBERT LOUIS SPALLINA, BYRD "BIFF" F. MARSHALL, JR., KIMBERLY MORAN, Mark R. Manceri, John Pankauski, ALBERT GORTZ, DONALD R. TESCHER, KENNETH S. POLLOCK, Joielle A. Foglietta, Peter Marshall Feaman, Brian M. O'Connell, Alan Benjamin Rose, Steven A. Lessne, John P. Morrissey, Gary R. Shendell
|
|
| Name |
SHIRLEY BERNSTEIN TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHARLES D. RUBIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALEXANDRA BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DENNIS G. BEDLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRIAN MOYNIHAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOSEPH M. LECCESE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NEIL WOLFSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DENNIS MCNAMARA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PAMELA BETH SIMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM MCCABE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LINDSAY BAXLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOHN L. PHILLIPS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-12-28
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of the entry of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2018-01-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-01-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-12-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that Appellee's October 9, 2017 Motion to Dismiss is denied. The case will be submitted to a merits panel of the court for a decision.
|
|
| Docket Date |
2017-10-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPEAL UNLESS A LAWYER CERTIFIES APPELLANT'S INITIAL BRIEF; OR TO SUBMIT CASE TO MERITS PANEL
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-06-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-06-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ Upon consideration of appellee's May 22, 2017 response, it is ORDERED that appellant's May 5, 2017 motion to accept timely brief is granted. Said brief is deemed timely filed as of the date of this order. The appellant shall serve the answer brief within twenty (20) days from the date of this order.
|
|
| Docket Date |
2017-05-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION TO ACCEPT LATE FILING
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-05-05
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
|
| Docket Date |
2017-05-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
|
| Docket Date |
2017-05-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF (TITLED "SUPPLEMENTAL APPENDIX")
|
|
| Docket Date |
2017-04-27
|
| 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 April 12, 2017 “motion for additional reasonable extension-stay-continuance based on newly discovered evidence and new hearings in the lower tribunal” is granted in part, and appellant shall serve the initial brief within seven (7) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions; further, ORDERED that appellee’s April 13, 2017 renewed motion to dismiss and impose non-monetary sanctions against pro se appellant is denied.
|
|
| Docket Date |
2017-04-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO THIRD LAST-MINUTE MOTION FOR EXTENSION *AND* RENEWED REQUEST FOR DISMISSAL *AND* IMPOSITION OF NON-MONETARY SANCTIONS AGAINST PRO SE APPELLANT
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-04-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (EXTENSION-STAY-CONTINUANCE)
|
|
| Docket Date |
2017-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellant’s March 6, 2017 “motion for additional reasonable extension-stay-continuance based on newly discovered evidence and new hearings in the lower tribunal” is granted in part, and appellant shall serve the initial brief within fifteen (15) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions; further, ORDERED that appellee’s March 7, 2017 motion to dismiss and impose non-monetary sanctions against pro se appellant is denied.
|
|
| Docket Date |
2017-03-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ *AND* IMPOSE NON-MONETARY SANCTIONS AGAINST PRO SE APPELLANT *AND* RESPONSE TO LATEST MOTION FOR EXTENSION
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-03-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ EXTENSION-STAY-CONTINUANCE, ETC.
|
|
| Docket Date |
2017-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellant's January 9, 2017 response, this court's December 28, 2016 order to show cause is discharged; further, Upon consideration of appellee's January 11, 2017 response, it is ORDERED that appellant's January 9, 2017 motion for extension of time, found in the response, is granted, and appellant shall serve the initial brief within forty-five (45) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2017-01-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S AMENDED RESPONSE TO SHOW CAUSE ORDER AND REQUEST FOR EXTENSION OF TIME
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2017-01-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ *AND* REQUEST FOR EXTENSION OF TIME (AMENDED)
|
|
| Docket Date |
2016-11-01
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that Eliot Bernstein’s October 31, 2016 motion for disclosure from court as to judges’ names to be disclosed for every order in each case listed herein is granted in part and denied in part. Mr. Bernstein is advised that pursuant to Section 3.11 of this Court’s Manual of Internal Operating Procedures, “The Clerk shall issue unpublished orders of the Court under his or her signature unless otherwise directed by the judge or judges who approved the order. The Court may, at its discretion, include in any order the names of the panel members who approved the issuance of the order.” The Clerk’s signature appears on all orders issued by this Court, and, in the case of dispositive motions endorsed by a three-judge panel, the three-judge panel who authorized the order is listed. Finally, Mr. Bernstein is advised that as to this Court’s October 27, 2016 order in Case No. 16-3162, the Court sua sponte recognized a potential conflict immediately after the order issued, and the case was sent to a different member of the Court for consideration. After a different member of the Court considered the case, the amended order as to the panel was issued; further, ORDERED, to the extent Mr. Bernstein requests that all orders sent to him be exemplified and requests that “the Clerk of this Court no longer rule and make orders in these matters and all pleadings be ruled on by Judges who place their names on the orders,” the motion is denied, as the Court will continue to follow its Internal Operating Procedures as set forth above; further, ORDERED, to the extent Mr. Bernstein requests that the Court identify the judges who signed off on certain orders, the orders which were endorsed by judges are as follows, with all other orders having been issued on the Clerk’s authority: Case No. 4D15-3849 Judges Stevenson, Levine, and Conner endorsed the November 30, 2015, December 17, 2015, and January 7, 2016 orders. Case No. 4D16-0064 Judges Warner, Taylor, and Damoorgian endorsed the February 29, 2016 order. Case No. 4D16-0222 Judges Taylor and May endorsed the April 21, 2016 order. Judge Gerber endorsed the May 13, 2016 order. Judge Conner endorsed the June 9, 2016 and June 21, 2016 orders. Judges May and Gerber endorsed the July 7, 2016 order. Judges Gross, Levine, and Klingensmith endorsed the July 28, 2016 order. Judge Conner endorsed the September 22, 2016 order. Judge Levine endorsed the October 18, 2016 order. Judge Forst endorsed the October 27, 2016 order. Case No. 4D16-1449 Chief Judge Ciklin and Judge Gerber endorsed the July 8, 2016 order. The Court concludes that the assignment of Chief Judge Ciklin was inadvertent and that the Appellant suffered no prejudice as the Appellee’s motion to dismiss was denied. Judge Conner endorsed the August 25, 2016 order. Judge Conner endorsed the September 22, 2016 order.
|
|
| Docket Date |
2016-11-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2836 PAGES
|
|
| Docket Date |
2016-10-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR DISCLOSURE FROM COURT
|
|
| Docket Date |
2016-10-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR DISCLOSURE
|
| On Behalf Of |
TED BERNSTEIN, AS TRUSTEE
|
|
| Docket Date |
2016-09-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-09-30
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Non-Final Appeal Treated as Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a final order, rather than a non-final order. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant¿s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly.
|
|
| Docket Date |
2016-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ELIOT IVAN BERNSTEIN *P*
|
|
| Docket Date |
2016-09-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
ELIOT IVAN BERNSTEIN VS OPPENHEIMER TRUST CO. OF DELAWARE, ET AL.
|
4D2016-2249
|
2016-07-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2014CP002815XXXXNB
|
Parties
| Name |
ELIOT IVAN BERNSTEIN *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
T & S REGISTERED AGENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES DIMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM MCCABE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DENNIS MCNAMARA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
D.B., A CHILD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JILL IANTONI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF SIMON BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHARLES D. RUBIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRIAN MOYNIHAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID LANCIOTTI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LINDSAY BAXLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J.B. A CHILD**
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GERALD LEWIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CBIZ MHM, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THEODORE STUART BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CANDICE BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DENNIS G. BEDLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
*J.B., A CHILD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OPPENHEIMER TRUST CO. OF DELAWARE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter Marshall Feaman, DONALD R. TESCHER, Joielle A. Foglietta, Gary R. Shendell, ROBERT LOUIS SPALLINA, John P. Morrissey, Mark R. Manceri, ALBERT GORTZ, John Pankauski, KIMBERLY MORAN, Steven A. Lessne, BYRD "BIFF" F. MARSHALL, JR., HUNT WORTH, PAMELA BETH SIMON, Lorin Louis Mrachek, Alan Benjamin Rose, KENNETH S. POLLOCK, Brian M. O'Connell, RALPH S. JANVEY
|
|
| Name |
STP ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NEIL WOLFSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LISA FRIEDSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOSEPH M. LECCESE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HERITAGE UNION LIFE INS. CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOHN L. PHILLIPS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's January 26, 2017 motion for rehearing, clarification, and reinstatement is denied.
|
|
| Docket Date |
2017-02-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ MOTION FOR REHEARING AND CLARIFICATION
|
| On Behalf Of |
OPPENHEIMER TRUST CO. OF DELAWARE
|
|
| Docket Date |
2017-01-26
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ **AND** CLARIFICATION UNDER RULE 9.330 AND REINSTATING THE APPEAL
|
|
| Docket Date |
2017-01-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellee’s December 13, 2016 motion to dismiss is granted, and this appeal is dismissed. Appellant’s December 2, 2016 motion for extension of time is denied as moot.WARNER, GROSS and MAY, JJ., concur.
|
|
| Docket Date |
2016-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
OPPENHEIMER TRUST CO. OF DELAWARE
|
|
| Docket Date |
2016-12-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
OPPENHEIMER TRUST CO. OF DELAWARE
|
|
| Docket Date |
2016-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (MOOT)
|
|
| Docket Date |
2016-11-02
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ **IN PART** ORDERED that appellant's September 30, 2016 motion for extension of time, included in the response to the order to show cause, and the motion for extension of time, included in the October 25, 2016 notice, is granted in part. Appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. Further, appellant is reminded that any requests for extensions of time or other motions must be filed in each case in which the request is made. The fact that appellant moved for extensions of time in other cases pending before this court does not mean that they were filed or considered by this court in the instant case.
|
|
| Docket Date |
2016-11-01
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that Eliot Bernstein’s October 31, 2016 motion for disclosure from court as to judges’ names to be disclosed for every order in each case listed herein is granted in part and denied in part. Mr. Bernstein is advised that pursuant to Section 3.11 of this Court’s Manual of Internal Operating Procedures, “The Clerk shall issue unpublished orders of the Court under his or her signature unless otherwise directed by the judge or judges who approved the order. The Court may, at its discretion, include in any order the names of the panel members who approved the issuance of the order.” The Clerk’s signature appears on all orders issued by this Court, and, in the case of dispositive motions endorsed by a three-judge panel, the three-judge panel who authorized the order is listed. Finally, Mr. Bernstein is advised that as to this Court’s October 27, 2016 order in Case No. 16-3162, the Court sua sponte recognized a potential conflict immediately after the order issued, and the case was sent to a different member of the Court for consideration. After a different member of the Court considered the case, the amended order as to the panel was issued; further, ORDERED, to the extent Mr. Bernstein requests that all orders sent to him be exemplified and requests that “the Clerk of this Court no longer rule and make orders in these matters and all pleadings be ruled on by Judges who place their names on the orders,” the motion is denied, as the Court will continue to follow its Internal Operating Procedures as set forth above; further, ORDERED, to the extent Mr. Bernstein requests that the Court identify the judges who signed off on certain orders, the orders which were endorsed by judges are as follows, with all other orders having been issued on the Clerk’s authority: Case No. 4D15-3849 Judges Stevenson, Levine, and Conner endorsed the November 30, 2015, December 17, 2015, and January 7, 2016 orders. Case No. 4D16-0064 Judges Warner, Taylor, and Damoorgian endorsed the February 29, 2016 order. Case No. 4D16-0222 Judges Taylor and May endorsed the April 21, 2016 order. Judge Gerber endorsed the May 13, 2016 order. Judge Conner endorsed the June 9, 2016 and June 21, 2016 orders. Judges May and Gerber endorsed the July 7, 2016 order. Judges Gross, Levine, and Klingensmith endorsed the July 28, 2016 order. Judge Conner endorsed the September 22, 2016 order. Judge Levine endorsed the October 18, 2016 order. Judge Forst endorsed the October 27, 2016 order. Case No. 4D16-1449 Chief Judge Ciklin and Judge Gerber endorsed the July 8, 2016 order. The Court concludes that the assignment of Chief Judge Ciklin was inadvertent and that the Appellant suffered no prejudice as the Appellee’s motion to dismiss was denied. Judge Conner endorsed the August 25, 2016 order. Judge Conner endorsed the September 22, 2016 order.
|
|
| Docket Date |
2016-10-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR DISCLOSURE FROM COURT
|
|
| Docket Date |
2016-10-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ "OF FLORIDA LICENSED MEDICAL DOCTOR INSTRUCTIONS OCT. 24, 2016 AND EXTENSION AND STAY REQUEST"
|
|
| Docket Date |
2016-10-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
OPPENHEIMER TRUST CO. OF DELAWARE
|
|
| Docket Date |
2016-10-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant's September 30, 2016 motion to accept late filing and response to show cause.
|
|
| Docket Date |
2016-09-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO ACCEPT LATE FILING *AND* RESPONSE TO S/C ORDER
|
|
| Docket Date |
2016-09-19
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before September 29, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2016-08-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (46 PAGES)
|
|
| Docket Date |
2016-07-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ELIOT IVAN BERNSTEIN *P*
|
|
| Docket Date |
2016-07-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
