Docket Date |
2014-09-30
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte, appellant, David F. Damerau's reply to response filed September 22, 2014, is hereby stricken as unauthorized.
|
|
Docket Date |
2014-09-22
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response ~ (STRICKEN) TO MOTION TO RECALL MANDATE
|
On Behalf Of |
David Damerau
|
|
Docket Date |
2014-09-22
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ ORDERED that appellee's motion for order directing clerk to issue mandate filed September 9, 2014 is granted; further,ORDERED that appellee's request for attorneys' fees is denied.
|
|
Docket Date |
2014-09-22
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2014-09-09
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FOR ORDER DIRECTING CLERK TO ISSUE MANDATE (GRANTED 9/22/14)
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2014-09-09
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO RECALL MANDATE
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2014-09-05
|
Type |
Post-Disposition Motions
|
Subtype |
Motion to Recall Mandate
|
Description |
Motion to recall mandate ~ (DENIED 9/22/14)
|
On Behalf Of |
David Damerau
|
|
Docket Date |
2014-08-21
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORD-Withdraw as Counsel ~ ORDERED that the stipulated motion of Justin R. Infurna, counsel for appellant, David F. Damerau, to withdraw as attorney filed August 11, 2014, is hereby granted.
|
|
Docket Date |
2014-08-11
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel ~ (GRANTED 8/21/14)
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2014-07-28
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2014-07-28
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellants' reply filed July 23, 2014, to appellee's response to motion for rehearing and/or written opinion is hereby stricken as unauthorized; further, ORDERED that appellants' motion filed July 7, 2014, for rehearing and/or written opinion is hereby denied.
|
|
Docket Date |
2014-07-23
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response ~ TO MOTION FOR REHEARING, ETC. **STRICKEN AS UNAUTHORIZED-SEE 7/28/14 ORD**
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2014-07-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR REHEARING, ETC.
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2014-07-14
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ IN REGARD TO MOTION FOR REHEARING
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2014-07-07
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ *AND/OR WRITTEN OPINION (DENIED 7/28/14)
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2014-06-19
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellee FPH Properties, LLC's motion for attorneys' fees filed October 21, 2013, is granted conditioned on the trial court determining that appellee FPH Properties, LLC is entitled to fees under section 768.79 and, if so, to set the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection therewith, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee
|
|
Docket Date |
2014-06-19
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2014-02-04
|
Type |
Order
|
Subtype |
Order to Register/Update eDCA
|
Description |
Counsel to register with eDCA ~ Be advised that Robert Heaton, Jr. and David Kaufman have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771 (TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
Docket Date |
2014-01-31
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
ORD-Granting Consolidation ~ Upon consideration of appellee's agreed motion to supplement the record filed in case number 4D13-3537 on January 21, 2014, it isORDERED that the above-styled case numbers are now consolidated for record purposes only.
|
|
Docket Date |
2013-12-20
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ (e) ***IN CONFIDENTIAL*** **FILED IN 13-3537**
|
|
Docket Date |
2013-12-19
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ ONE (1) VOLUME **FILED IN 13-3537**
|
|
Docket Date |
2013-12-13
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ WAS INFORMED THAT WE RECEIVED THE ROA (*RECORDS WERE REJECTED*)
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-12-11
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ Show cause/record on or before December 26, 2013.
|
|
Docket Date |
2013-10-31
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-10-30
|
Type |
Order
|
Subtype |
Order Deferring to Merits Panel
|
Description |
ORD-Deferring to Merits Panel ~ The appellee's motion for leave to file reply in support of motion for appellate attorneys' fees filed on October 25, 2013, is reserved and will be considered along with the merits of the case. The pendency of this motion shall not toll the time for other acts and the parties shall proceed on the merits of the appeal.
|
|
Docket Date |
2013-10-25
|
Type |
Motions Other
|
Subtype |
Motion for Leave to File Reply
|
Description |
Motion for leave to file reply ~ TO RESPONSE TO MOTION FOR ATTORNEY'S FEES **DEFERRED - SEE 10/30/13 ORDER** ***DENIED; SEE 6-19-14 ORDER***
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2013-10-23
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTY'S FEES
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-10-21
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **PENDING MOTION** (DUPLICATE)
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2013-10-14
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2013-10-14
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO ANSWER BRIEF
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2013-10-14
|
Type |
Order
|
Subtype |
Order on Motion For Substitution of Counsel
|
Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the October 10, 2013, stipulation for substitution of counsel, Justin Infurna, Esq., and The Infurna Law Firm P.A., is hereby substituted for Glen Howard Shrayer, Esq., and The Shrayer Law Firm, L.L.C., as counsel for appellants, 22nd Century Properties, L.L.C., and David F. Damerau in the above-styled cause.
|
|
Docket Date |
2013-10-10
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Counsel
|
Description |
Motion For Substitution of Counsel
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-09-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's motion filed September 18, 2013, for extension of time is granted, and appellee shall serve the answer brief on or before October 14, 2013. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2013-09-23
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ TO MOTION FOR EXT. OF TIME
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-09-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 9/27/13)
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2013-09-10
|
Type |
Order
|
Subtype |
Order on Motion For Substitution of Counsel
|
Description |
Deny Expediting ~ ORDERED that appellants' motion filed September 9, 2013, to expedite appeal is hereby denied.
|
|
Docket Date |
2013-09-10
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ (e)
|
|
Docket Date |
2012-11-05
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay ~ (M) *AND*
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2013-09-09
|
Type |
Motions Other
|
Subtype |
Motion To Expedite
|
Description |
Motion To Expedite ~ (DENIED 9/10/13)
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-09-03
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-08-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants¿ motion filed July 22, 2013, for extension of time is granted, and appellants 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 will be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2013-07-22
|
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 |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-05-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Record
|
Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed May 14, 2013, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended thirty (30) days from the date of this order. All other time frames are hereby extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
Docket Date |
2013-05-22
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ TO CLERK'S MOTION FOR EXT. OF TIME
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-05-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record
|
Description |
Motion Extension of Time To Complete ROA
|
|
Docket Date |
2013-04-08
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that appellee's motion filed March 7, 2013, and amended motion filed March 11, 2013, to relinquish jurisdiction is hereby denied; further,ORDERED that appellant's motion filed April 3, 2013, for extension of time is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and Parties, Paragraph 3; further, ORDERED that the clerk's motion filed April 4, 2013, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended forty-five (45) days from the date of this order. All other time frames are hereby extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
Docket Date |
2013-04-04
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record
|
Description |
Motion Extension of Time To Complete ROA
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2013-04-03
|
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 |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-03-22
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO MOTION TO RELINQUISH
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-03-11
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction ~ "AMENDED" T-
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2013-03-07
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ (M)
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2013-02-15
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2013-01-18
|
Type |
Order
|
Subtype |
Order re Stay
|
Description |
Stay is lifted, case to proceed ~ STAY ENTERED 12/13/12 IS LIFTED.
|
|
Docket Date |
2013-01-04
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ T-
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2012-12-13
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ ORDER DATED 11/16/12.
|
|
Docket Date |
2012-11-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ T - IN OPPOSITION TO 22ND CENTURY PROPERTY, LLC'S AMENDED MOTION TO STAY
|
On Behalf Of |
FPH PROPERTIES, LLC
|
|
Docket Date |
2012-10-29
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay ~ (M) JUDGMENT PENDING APPEAL (AND) T -
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2012-11-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED.
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2012-11-26
|
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 |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2012-11-16
|
Type |
Order
|
Subtype |
Show Cause re Bankruptcy
|
Description |
Order on Suggestion of Bankruptcy ~ ***DISCHARGED 12/13/12*** 10 DAYS, APPELLANTS.
|
|
Docket Date |
2012-10-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2012-11-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ (M) TO MOTION FOR SANCTIONS (*AND* WITHDRAWAL OF AMENDED MOTION TO STAY) (RESPONDS TO SHOW CAUSE ORDER AS WELL)
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2012-11-16
|
Type |
Motions Other
|
Subtype |
Motion to Withdraw Filing
|
Description |
Motion To Withdraw Pleadings ~ (M) (AMENDED MOTION TO STAY) (*AND* RESPONSE TO MOTION FOR SANCTIONS)
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|
Docket Date |
2012-09-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2012-09-27
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
22ND CENTURY PROPERTIES, LLC
|
|