100 EMERALD BEACH WAY LC

Classification	NOA Final - Circuit Civil - Other
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CA008154

Parties

Name	100 EMERALD BEACH WAY LC
Role	Appellant
Status	Active
Representations	Joel S. Perwin, David P. Ackerman
Name	Margaret Thornton
Role	Appellee
Status	Active
Name	1230, LLC
Role	Appellee
Status	Active
Name	SMM Realty, LLC
Role	Appellee
Status	Active
Name	Hon. Gerard Joseph Curley
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Palm Beach
Role	Lower Tribunal Clerk
Status	Active
Name	John Thornton
Role	Appellee
Status	Active
Representations	Gary J. Nagle, J. Chris Bristow, James Joseph McGuire, Christopher M. Yannuzzi, Geoffrey M. Cahen, Eric D. Isicoff, Teresa Ragatz

Docket Entries

Docket Date	2022-06-10
Type	Motions Other
Subtype	Motion/Notice Voluntary Dismissal
Description	Notice of Voluntary Dismissal
On Behalf Of	100 Emerald Beach Way, LC
Docket Date	2022-06-13
Type	Disposition
Subtype	Dismissed
Description	Dismissed - Order by Clerk
Docket Date	2022-06-13
Type	Disposition by Order
Subtype	Dismissed
Description	Order Granting Voluntary Dismissal ~ Pursuant to the June 10, 2022 notice of voluntary dismissal, this case is dismissed.
Docket Date	2022-06-10
Type	Brief
Subtype	Jurisdictional Brief
Description	Jurisdictional Brief
On Behalf Of	100 Emerald Beach Way, LC
Docket Date	2022-06-07
Type	Misc. Events
Subtype	Case Filing Fee Paid through Portal
Description	Case Filing Fee Paid Through Portal
On Behalf Of	100 Emerald Beach Way, LC
Docket Date	2022-06-07
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
Docket Date	2022-06-07
Type	Notice
Subtype	Notice of Appearance
Description	Notice of Appearance
On Behalf Of	John Thornton
Docket Date	2022-06-06
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed
On Behalf Of	100 Emerald Beach Way, LC
Docket Date	2022-06-06
Type	Misc. Events
Subtype	Fee Status
Description	FP:Fee Paid Through Portal
Docket Date	2022-06-09
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 May 12, 2022 order is an appealable final order, as it appears Counts I, II, III, and IV of the Seventh Amended Complaint remain pending in the trial court. See Fla. R. App. P. 9.110(k) (“A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims.”); Mendez v. W. Flagler Fam. Ass’n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011) (“The test to determine whether counts of a multi-count complaint are so interrelated as to preclude a piecemeal appeal is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts.”) (quoting Perry v. Perry, 976 So. 2d 1151, 1153 (Fla. 4th DCA 2008)). Further,Appellee may file a response within ten (10) days of service of that statement.
Docket Date	2022-06-07
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.

Classification	NOA Final - Circuit Civil - Other
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CA008154

Parties

Name	Margaret Thornton
Role	Appellant
Status	Active
Name	John Thornton
Role	Appellant
Status	Active
Representations	James J. Mcguire, Teresa Ragatz, Christopher M. Yannuzzi, Eric D. Isicoff, J. Chris Bristow
Name	SMM Realty, LLC
Role	Appellee
Status	Active
Representations	Geoffrey M. Cahen, Gary J. Nagle, Andrew Goldstein, Erik P. Bartenhagen, Joel S. Perwin
Name	100 EMERALD BEACH WAY LC
Role	Appellee
Status	Active
Name	Hon. Gerard Joseph Curley
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Palm Beach
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2022-08-24
Type	Notice
Subtype	Notice of Agreed Extension of Time - Reply Brief
Description	Notice of Agreed Extension - Reply Brief
On Behalf Of	John Thornton
Docket Date	2022-07-25
Type	Brief
Subtype	Answer Brief
Description	Appellee's Answer Brief
On Behalf Of	SMM Realty, LLC
Docket Date	2022-06-21
Type	Order
Subtype	Order on Agreed Extension of Time
Description	Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/25/22
Docket Date	2022-12-13
Type	Motions Other
Subtype	Motion To Dismiss
Description	Motion To Dismiss
On Behalf Of	SMM Realty, LLC
Docket Date	2023-02-10
Type	Mandate
Subtype	Mandate
Description	Mandate
Docket Date	2023-02-10
Type	Misc. Events
Subtype	West Publishing
Description	West Publishing
Docket Date	2023-01-19
Type	Disposition by Opinion
Subtype	Affirmed
Description	Affirmed - Per Curiam Affirmed
Docket Date	2023-01-05
Type	Order
Subtype	Order on Motion To Withdraw as Counsel
Description	ORD-Withdraw as Counsel ~ ORDERED that the January 4, 2023 motion of Kristen M. Fiore, Esquire, David P. Ackerman, Esquire, and the law firm of Akerman LLP, to withdraw as counsel for 100 Emerald Beach Way, LC is granted.
Docket Date	2023-01-04
Type	Motions Relating to Parties and Counsel
Subtype	Motion To Withdraw as Counsel
Description	Motion To Withdraw as Counsel
On Behalf Of	SMM Realty, LLC
Docket Date	2022-12-30
Type	Order
Subtype	Order on Motion To Dismiss
Description	ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee 1230, LLC's December 13, 2022 motion to dismiss appeal is denied.
Docket Date	2022-12-27
Type	Motions Other
Subtype	Motion for Leave to File Reply
Description	Motion for leave to file reply
On Behalf Of	SMM Realty, LLC
Docket Date	2022-12-27
Type	Order
Subtype	Order on Motion for Leave to File Reply
Description	Ord-Denying Leave to file Reply ~ ORDERED that appellee 1230, LLC’s December 27, 2022 motion for leave to file reply is denied.
Docket Date	2022-12-22
Type	Record
Subtype	Appendix to Response
Description	Appendix to Response
On Behalf Of	John Thornton
Docket Date	2022-12-22
Type	Response
Subtype	Response
Description	Response ~ TO MOTION TO DISMISS
On Behalf Of	John Thornton
Docket Date	2022-12-14
Type	Order
Subtype	Order to File Response
Description	ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, on or before December 31, 2022, to appellee 1230, LLC’s December 13, 2022 motion to dismiss.
Docket Date	2022-12-13
Type	Record
Subtype	Appendix
Description	Appendix ~ TO MOTION TO DISMISS
On Behalf Of	SMM Realty, LLC
Docket Date	2022-11-01
Type	Order
Subtype	Order Dispensing with Oral Argument
Description	ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
Docket Date	2022-08-31
Type	Motions Relating to Oral Argument
Subtype	Motion/Request for Oral Argument
Description	Request for Oral Argument
On Behalf Of	John Thornton
Docket Date	2022-08-31
Type	Brief
Subtype	Reply Brief
Description	Appellant's Reply Brief
On Behalf Of	John Thornton
Docket Date	2022-08-24
Type	Order
Subtype	Order on Agreed Extension of Time
Description	Recognizing Agreed Extension of Time ~ TO 8/31/22
Docket Date	2022-06-21
Type	Notice
Subtype	Notice of Agreed Extension of Time - Answer Brief
Description	Notice of Agreed Extension - Answer Brief
On Behalf Of	SMM Realty, LLC
Docket Date	2022-05-23
Type	Notice
Subtype	Notice of Agreed Extension of Time - Answer Brief
Description	Notice of Agreed Extension - Answer Brief
Docket Date	2022-05-23
Type	Order
Subtype	Order on Agreed Extension of Time
Description	Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/24/2022
Docket Date	2022-04-19
Type	Order
Subtype	Order on Agreed Extension of Time
Description	Recognizing Agreed Extension of Time ~ 30 DAYS TO 05/25/2022
Docket Date	2022-04-19
Type	Notice
Subtype	Notice of Agreed Extension of Time - Answer Brief
Description	Notice of Agreed Extension - Answer Brief
On Behalf Of	SMM Realty, LLC
Docket Date	2022-03-28
Type	Record
Subtype	Appendix
Description	Appendix to Brief
On Behalf Of	John Thornton
Docket Date	2022-03-25
Type	Order
Subtype	Order Striking Filing
Description	Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants' 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 contains bookmarks which are not in compliance with Rule 9.220(c)(3), and contains condensed transcripts. 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	2022-03-24
Type	Record
Subtype	Appendix
Description	Appendix to Brief ~ ***STRICKEN 3/25/22***
On Behalf Of	John Thornton
Docket Date	2022-03-24
Type	Brief
Subtype	Initial Brief
Description	Initial Brief on Merits
On Behalf Of	John Thornton
Docket Date	2022-03-16
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	John Thornton
Docket Date	2022-03-16
Type	Order
Subtype	Order on Motion for Extension of Time to Serve Initial Brief
Description	ORD-Initial Brief to be Served ~ ORDERED that appellants’ March 16, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before March 24, 2022. 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. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
Docket Date	2022-02-23
Type	Notice
Subtype	Notice of Agreed Extension of Time - Initial Brief
Description	Notice of Agreed Extension - Initial Brief ~ ***AMENDED***
On Behalf Of	John Thornton
Docket Date	2022-02-23
Type	Order
Subtype	Order on Agreed Extension of Time
Description	Recognizing Agreed Extension of Time ~ 21 DAYS TO 3/17/22
Docket Date	2022-02-21
Type	Notice
Subtype	Notice of Appearance
Description	Notice of Appearance
On Behalf Of	SMM Realty, LLC
Docket Date	2022-02-16
Type	Notice
Subtype	Notice of Agreed Extension of Time - Initial Brief
Description	Notice of Agreed Extension - Initial Brief
On Behalf Of	John Thornton
Docket Date	2022-02-16
Type	Order
Subtype	Order on Agreed Extension of Time
Description	Recognizing Agreed Extension of Time ~ 7 DAYS OTO 2/24/22
Docket Date	2022-01-27
Type	Notice
Subtype	Notice of Agreed Extension of Time - Initial Brief
Description	Notice of Agreed Extension - Initial Brief
On Behalf Of	John Thornton
Docket Date	2022-01-27
Type	Order
Subtype	Order on Agreed Extension of Time
Description	Recognizing Agreed Extension of Time ~ 15 DAYS TO 2/17/22
Docket Date	2022-01-13
Type	Order
Subtype	Order on Agreed Extension of Time
Description	Recognizing Agreed Extension of Time ~ 15 DAYS TO 2/2/22
Docket Date	2022-01-13
Type	Notice
Subtype	Notice of Agreed Extension of Time - Initial Brief
Description	Notice of Agreed Extension - Initial Brief
On Behalf Of	John Thornton
Docket Date	2021-12-10
Type	Notice
Subtype	Notice of Agreed Extension of Time - Initial Brief
Description	Notice of Agreed Extension - Initial Brief
On Behalf Of	John Thornton
Docket Date	2021-12-10
Type	Order
Subtype	Order on Agreed Extension of Time
Description	Recognizing Agreed Extension of Time ~ ONE MONTH TO 01/18/2022
Docket Date	2021-11-23
Type	Record
Subtype	Record on Appeal
Description	Received Records ~ 600 PAGES
On Behalf Of	Clerk - Palm Beach
Docket Date	2021-11-17
Type	Notice
Subtype	Notice of Appearance
Description	Notice of Appearance
On Behalf Of	John Thornton
Docket Date	2021-10-18
Type	Order
Subtype	Order
Description	Miscellaneous Order ~ ORDERED that upon consideration of appellants’ October 7, 2021 notice of appeal, the above-styled case is treated as an appeal from the circuit court's September 8, 2021 order. All other prior orders attached to the notice of appeal are reviewable pursuant to Florida Rule of Appellate Procedure 9.110(h).
Docket Date	2021-10-11
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
Docket Date	2021-10-11
Type	Misc. Events
Subtype	Fee Status
Description	FP:Fee Paid Through Portal
On Behalf Of	John Thornton
Docket Date	2021-10-11
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
Docket Date	2021-10-07
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed

Classification	Original Proceedings - Circuit Civil - Certiorari
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CA008154

Parties

Name	100 EMERALD BEACH WAY LC
Role	Petitioner
Status	Active
Representations	David P. Ackerman, E. Raul Novoa, Kristen Marie Fiore
Name	John Thornton
Role	Respondent
Status	Active
Representations	Eric D. Isicoff, Robert D. Critton, Jr., Matthew R. Chait, James J. Mcguire, Teresa Ragatz, Christopher M. Yannuzzi, Gary J. Nagle, J. Chris Bristow
Name	Margaret Thornton
Role	Respondent
Status	Active
Name	SMM Realty, Inc.
Role	Respondent
Status	Active
Name	Hon. Gerard Joseph Curley
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Palm Beach
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2021-02-11
Type	Disposition
Subtype	Denied
Description	Denied - Order by Judge
Docket Date	2021-02-11
Type	Disposition by Order
Subtype	Denied
Description	Order Denying Petition for Writ - Certiorari ~ ORDERED that the November 18, 2020 petition for writ of certiorari is denied.LEVINE, C.J., FORST and KUNTZ, JJ., concur.
Docket Date	2020-12-10
Type	Notice
Subtype	Notice of Related Case or Issue
Description	Notice of Similar Case Pending
On Behalf Of	100 Emerald Beach Way LC
Docket Date	2020-11-19
Type	Letter
Subtype	Acknowledgment Letter
Description	Writ of Certiorari / Acknowledgment letter
Docket Date	2020-11-19
Type	Notice
Subtype	Notice of Appearance
Description	Notice of Appearance
On Behalf Of	John Thornton
Docket Date	2020-11-18
Type	Record
Subtype	Appendix to Petition
Description	Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY*
Docket Date	2020-11-18
Type	Petition
Subtype	Petition Certiorari
Description	Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY*
On Behalf Of	100 Emerald Beach Way LC
Docket Date	2020-11-18
Type	Misc. Events
Subtype	Fee Status
Description	FP:Fee Paid Through Portal