Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16005946
|
Parties
Name |
Stephen Carcieri
|
Role |
Appellant
|
Status |
Active
|
Representations |
Ben Murphey, Kevin B. Dennis
|
|
Name |
POMPANO AUTO INVESTORS I, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
TOYOTA OF DEERFIELD BEACH
|
Role |
Appellee
|
Status |
Active
|
|
Name |
KTVT MOTORS, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jordan Greenberg, Marlin K. Green, Sherman W. Jones, III
|
|
Name |
Hon. Keathan B. Frink
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-06-04
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-05-18
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing En Banc
|
Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's April 15, 2021 motion for rehearing, rehearing en banc, and written opinion is denied.
|
|
Docket Date |
2021-05-18
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-04-26
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
KTVT MOTORS, LLC
|
|
Docket Date |
2021-04-15
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc ~ AND WRITTEN OPINION
|
On Behalf Of |
KTVT MOTORS, LLC
|
|
Docket Date |
2021-04-08
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2021-03-30
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2021-03-08
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice
|
On Behalf Of |
KTVT MOTORS, LLC
|
|
Docket Date |
2021-03-01
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
Order Re: Video Oral Argument ~ Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts and this court’s prior order, the March 30, 2021 oral argument session will take place through Zoom video conference. Should both parties file a stipulation by noon on Monday, March 8, 2021 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, March 8, 2021 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys. The Clerk of the Court will separately schedule a Zoom orientation/test session with the attorneys who will be arguing the case. The Clerk of the Court will also provide connection instructions for the oral argument session the week before the session.
|
|
Docket Date |
2021-01-26
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on March 30, 2021, at 11:15 A.M. for 10 minutes per side. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Pursuant to Florida Supreme Court Administrative Order AOSC20-109, Comprehensive COVID-19 Emergency Measures for Florida Appellate Courts, which requires that oral argument and other proceedings be conducted remotely during Phase 1 and Phase 2 of the pandemic, as set forth in that administrative order, this oral argument is scheduled to be conducted via Zoom. By separate order issued no later than three weeks before the scheduled oral argument, the parties will be directed to identify the attorney who will be presenting oral argument so that an orientation/test session can be scheduled by court staff with the attorneys to confirm their knowledge of the Zoom platform and test equipment compatibility.
|
|
Docket Date |
2020-12-22
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Stephen Carcieri
|
|
Docket Date |
2020-12-16
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
KTVT MOTORS, LLC
|
|
Docket Date |
2020-11-16
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Stephen Carcieri
|
|
Docket Date |
2020-11-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Stephen Carcieri
|
|
Docket Date |
2020-11-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 604 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-10-02
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
KTVT MOTORS, LLC
|
|
Docket Date |
2020-09-09
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
Stephen Carcieri
|
|
Docket Date |
2020-09-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Stephen Carcieri
|
|
Docket Date |
2020-09-04
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ TO 11/27/20.
|
|
Docket Date |
2020-08-26
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ ORDERED that the appellant's August 3, 2020 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
Docket Date |
2020-08-03
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Stephen Carcieri
|
|
Docket Date |
2020-08-03
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
Stephen Carcieri
|
|
Docket Date |
2020-07-16
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ **REINSTATED**
|
|
Docket Date |
2020-07-16
|
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 non-payment of the $300.00 filing fee.
|
|
Docket Date |
2020-06-25
|
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 |
2020-06-25
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-06-24
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Stephen Carcieri
|
|
Docket Date |
2020-06-24
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|