| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2017CA005635 AH
|
Parties
| Name |
BEYEL BROTHERS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel J. Santaniello, SHANA P. NOGUES, Daniel S. Weinger
|
|
| Name |
MICHAEL MITCHELL, LLC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Andrew A. Harris, JOSEPH R. JOHNSON, Adam J. Richardson, WILLIAM EUGENE JOHNSON
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's April 30, 2018 motion for issuance of a written opinion, and/or certification of an issue of great public importance is denied.
|
|
| Docket Date |
2018-05-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
MICHAEL MITCHELL
|
|
| Docket Date |
2018-05-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
BEYEL BROTHERS, INC.
|
|
| Docket Date |
2018-04-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ "MOTION FOR ISSUANCE OF A WRITTEN OPINION AND/OR CERTIFICATION OF AN ISSUE OF GREAT PUBLIC IMPORTANCE"
|
| On Behalf Of |
BEYEL BROTHERS, INC.
|
|
| Docket Date |
2018-04-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of the parties’ responses to this court’s March 20, 2018 jurisdictional order, it is ORDERED that this appeal is DISMISSED for lack of jurisdiction. See Reeves v. Fleetwood Homes of Florida, Inc., 889 So. 2d 812, 821 (Fla. 2004), Hastings v. Demming, 694 So. 2d 718, 720 (Fla. 1997), Florida Department of Corrections v. Culver, 716 So. 2d 768 (Fla. 1998).LEVINE, CONNER and FORST, JJ., concur.
|
|
| Docket Date |
2018-04-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellee's April 9, 2018 motion to stay is granted and the filing of the answer brief is stayed pending the court's determination of jurisdiction.
|
|
| Docket Date |
2018-04-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
MICHAEL MITCHELL
|
|
| Docket Date |
2018-04-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
MICHAEL MITCHELL
|
|
| Docket Date |
2018-04-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED.
|
| On Behalf Of |
BEYEL BROTHERS, INC.
|
|
| Docket Date |
2018-04-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the initial brief 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 |
2018-04-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BEYEL BROTHERS, INC.
|
|
| Docket Date |
2018-04-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
BEYEL BROTHERS, INC.
|
|
| Docket Date |
2018-03-29
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
BEYEL BROTHERS, INC.
|
|
| Docket Date |
2018-03-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF.
|
| On Behalf Of |
BEYEL BROTHERS, INC.
|
|
| Docket Date |
2018-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MICHAEL MITCHELL
|
|
| Docket Date |
2018-03-20
|
| 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. 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 |
2018-03-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-03-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-03-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BEYEL BROTHERS, INC.
|
|
|
