| Entity Name: | 100 EMERALD BEACH WAY LC |
| Jurisdiction: | FLORIDA |
| Filing Type: |
Florida Limited Liability Co.
100 EMERALD BEACH WAY LC is structured as a Limited Liability Company (LLC), a common business structure that offers its members limited liability protection, separating their personal assets from the company's debts and obligations. |
| Status: |
Active
The business entity is active. This status indicates that the business is currently operating and compliant with state regulations, suggesting a lower risk profile for lenders and potentially better creditworthiness. |
| Date Filed: | 13 May 2002 (23 years ago) |
| Last Event: | REINSTATEMENT |
| Event Date Filed: | 05 Dec 2022 (2 years ago) |
| Document Number: | L02000011568 |
| FEI/EIN Number |
030443772
Federal Employer Identification (FEI) Number assigned by the IRS. |
| Address: | 350 Round Hill Rd, Greenwich, CT, 06831, US |
| Mail Address: | 350 Round Hill Rd, Greenwich, CT, 06831, US |
| Place of Formation: | FLORIDA |
| Name | Role | Address |
|---|---|---|
| NRAI SERVICES, INC. | Agent | - |
| Jacobs Lamia | Authorized Member | 350 Round Hill Rd, Greenwich, CT, 06831 |
| Aleksiejuk Lukas | Manager | 100 Emerald Beach Way, Palm Beach, FL, 33480 |
| Event Type | Filed Date | Value | Description |
|---|---|---|---|
| REGISTERED AGENT NAME CHANGED | 2024-04-18 | NRAI Services, Inc. | - |
| REGISTERED AGENT ADDRESS CHANGED | 2024-04-18 | 1200 South Pine Island Road, Plantation, FL 33324 | - |
| REINSTATEMENT | 2022-12-05 | - | - |
| ADMIN DISSOLUTION FOR ANNUAL REPORT | 2022-09-23 | - | - |
| CHANGE OF PRINCIPAL ADDRESS | 2021-04-23 | 350 Round Hill Rd, Greenwich, CT 06831 | - |
| CHANGE OF MAILING ADDRESS | 2021-04-23 | 350 Round Hill Rd, Greenwich, CT 06831 | - |
| LC AMENDMENT | 2017-07-24 | - | - |
| REINSTATEMENT | 2011-05-20 | - | - |
| ADMIN DISSOLUTION FOR ANNUAL REPORT | 2010-09-24 | - | - |
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| 100 EMERALD BEACH WAY, LC VS JOHN THORNTON, et al. | 4D2022-1534 | 2022-06-06 | Closed | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| 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 | NOA Non Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CA008154XXXMB |
Parties
| Name | 100 EMERALD BEACH WAY LC |
| Role | Appellant |
| Status | Active |
| Representations | Kristen Marie Fiore, E. Raul Novoa, David P. Ackerman, Matthew R. Chait |
| Name | John Thornton |
| Role | Appellee |
| Status | Active |
| Representations | Eric D. Isicoff, Gary J. Nagle, J. Chris Bristow, James Joseph McGuire, Mark Berube, Christopher M. Yannuzzi, Teresa Ragatz |
| Name | Margaret Thornton |
| Role | Appellee |
| Status | Active |
| Name | SMM Realty, Inc. |
| 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 | 2022-07-22 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2022-07-22 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2022-06-30 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Order Denying Oral Argument ~ ORDERED that appellant’s March 3, 2022 request for oral argument is denied. |
| Docket Date | 2022-06-30 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Per Curiam Affirmed |
| Docket Date | 2022-06-08 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | John Thornton |
| Docket Date | 2022-03-03 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2022-02-16 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2022-02-15 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s February 14, 2022 motion for extension of time is granted, and appellant shall serve the reply brief on or before February 16, 2022. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
| Docket Date | 2022-02-14 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Mot. for Extension of Time to File Reply Brief |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2022-02-08 |
| Type | Order |
| Subtype | Order on Motion To Withdraw as Counsel |
| Description | ORD-Withdraw as Counsel ~ The February 7, 2022 motion of E. Raul Novoa, Jr., Esq., counsel for appellant, to withdraw as counsel is granted. This court notes that appellant will continue to be represented by attorneys David P. Ackerman and Kristen M. Fiore of Akerman LLP. |
| Docket Date | 2022-02-07 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2022-01-24 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s January 21, 2022 motion for extension of time is granted, and appellant shall serve the reply brief on or before February 14, 2022. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
| Docket Date | 2022-01-21 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Mot. for Extension of Time to File Reply Brief |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-12-29 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-12-29 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-12-22 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORD-Answer Brief to be Served ~ ORDERED that appellees’ December 21, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before December 29, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein will foreclose appellees’ right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellees are advised that no further extensions will be granted absent a detailed explanation for why the answer 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 | 2021-12-21 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-11-15 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellees’ November 15, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before December 22, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal. |
| Docket Date | 2021-11-15 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| Docket Date | 2021-10-15 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellees’ October 15, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 22, 2021. 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 | 2021-10-15 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-09-22 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-09-22 |
| 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 | 2021-09-22 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-09-22 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORD-Initial Brief to be Served ~ ORDERED that appellant’s September 15, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before September 22, 2021. 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. Appellant is 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 | 2021-09-15 |
| 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 | 100 Emerald Beach Way LC |
| Docket Date | 2021-09-03 |
| 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 September 2, 2021 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the current due date. 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 | 2021-09-02 |
| 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 | 100 Emerald Beach Way LC |
| Docket Date | 2021-08-12 |
| 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 August 11, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before September 7, 2021. 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 | 2021-08-11 |
| 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 | 100 Emerald Beach Way LC |
| Docket Date | 2021-07-14 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | John Thornton |
| Docket Date | 2021-07-13 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-07-13 |
| 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 | 100 Emerald Beach Way LC |
| Docket Date | 2021-07-13 |
| 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 July 13, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 16, 2021. 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 | 2021-07-07 |
| 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 | 2021-07-06 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-07-06 |
| 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 | 2021-07-06 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-07-06 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| 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 502017CA008154 |
Parties
| Name | 100 EMERALD BEACH WAY LC |
| Role | Appellant |
| Status | Active |
| Representations | Matthew R. Chait, Kristen Marie Fiore, E. Raul Novoa, David P. Ackerman |
| Name | John Thornton |
| Role | Appellee |
| Status | Active |
| Representations | J. Chris Bristow, Christopher M. Yannuzzi, Gary J. Nagle, Robert D. Critton, Jr., Eric D. Isicoff, Teresa Ragatz, James Joseph McGuire |
| Name | SMM Realty, LLC |
| Role | Appellee |
| Status | Active |
| Name | Margaret Thornton |
| 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 | 2022-06-24 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2111-02-09 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ ***4D20-2792 AND 4D21-508 ARE CONSOLIDATED FOR ALL PURPOSES.*** ***SEE 4D20-2792 FOR ALL FUTURE DOCKET ENTRIES.*** |
| Docket Date | 2022-10-24 |
| Type | Record |
| Subtype | Returned Exhibits |
| Description | Returned Exhibits |
| Docket Date | 2022-06-24 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2022-06-08 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Authored Opinion |
| Docket Date | 2022-06-08 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Order Denying Oral Argument ~ ORDERED that appellant’s October 21, 2021 request for oral argument is denied. |
| Docket Date | 2022-02-09 |
| Type | Order |
| Subtype | Order on Motion To Withdraw as Counsel |
| Description | ORD-Withdraw as Counsel ~ ORDERED that the February 7, 2022 motion of E. Raul Novoa, Jr., counsel for appellant, to withdraw as counsel is granted. |
| Docket Date | 2022-02-07 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2022-01-10 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-10-21 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-10-06 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-09-22 |
| 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 | 2021-08-20 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-08-20 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-08-13 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-07-20 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief ~ MARGARET THORNTON AND JOHN THORNTON |
| On Behalf Of | John Thornton |
| Docket Date | 2021-07-14 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellees Margaret Thornton and John Thornton’s July 13, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before July 21, 2021. 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 | 2021-07-13 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief ~ (MARGARET AND JOHN THORNTON) |
| On Behalf Of | John Thornton |
| Docket Date | 2021-07-06 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-06-02 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-04-27 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-03-23 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-03-23 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-03-23 |
| Type | Order |
| Subtype | Order on Motion To File Enlarged Brief |
| Description | Order Denying Enlarged Brief ~ ORDERED that appellant's March 12, 2021 motion to file enlarged brief is denied. |
| Docket Date | 2021-03-12 |
| Type | Motions Relating to Briefs |
| Subtype | Motion To File Enlarged Brief |
| Description | Motion To File Enlarged Brief |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-03-12 |
| Type | Record |
| Subtype | Exhibits |
| Description | Received Exhibits ~ ONE (1) ENVELOPE (USB DRIVE PER 3/2/21 ORDER) |
| Docket Date | 2021-03-09 |
| 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 March 5, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before March 12, 2021. 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 | 2021-03-05 |
| 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 | 100 Emerald Beach Way, LC |
| Docket Date | 2021-02-26 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO MOTION FOR PERMISSION TO SUBMIT PHYSICAL RECORD EVIDENCE |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-02-26 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ FOR PERMISSION TO SUBMIT PHYSICAL RECORD EVIDENCE |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-02-08 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | ORD-Granting Consolidation ~ ORDERED that appellant's January 29, 2021 "unopposed motion to consolidate appeals; set briefing schedule; and file consolidated appendices" is granted. The above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D20-2792. The parties shall file consolidated appendices. Further, the proposed briefing schedule within the motion is adopted, and appellant shall file the initial brief on or before March 2, 2021. Appellees shall file the answer brief within forty-five (45) days from the service of the initial brief. Appellant shall file the reply brief, if any, within forty-five (45) days from the service of the answer brief. |
| Docket Date | 2021-01-29 |
| Type | Motions Other |
| Subtype | Motion To Consolidate |
| Description | Motion To Consolidate |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-01-29 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-01-25 |
| 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 | 2021-01-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-01-22 |
| 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 | 2021-01-21 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | 100 Emerald Beach Way, LC |
| Docket Date | 2021-01-21 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| 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 502017CA008154XXXXMB |
Parties
| Name | 100 EMERALD BEACH WAY LC |
| Role | Appellant |
| Status | Active |
| Representations | Kristen Marie Fiore, David P. Ackerman |
| Name | Margaret Thornton |
| Role | Appellee |
| Status | Active |
| Name | SMM Realty, Inc. |
| Role | Appellee |
| Status | Active |
| Name | John Thornton |
| Role | Appellee |
| Status | Active |
| Representations | Gary J. Nagle, Christopher M. Yannuzzi, Robert D. Critton, Jr., James J. Mcguire, J. Chris Bristow, Teresa Ragatz, Matthew R. Chait, Eric D. Isicoff |
| 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 | 2111-02-09 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ ***4D20-2792 AND 4D21-508 ARE CONSOLIDATED FOR ALL PURPOSES.*** ***SEE 4D20-2792 FOR ALL FUTURE DOCKET ENTRIES.*** |
| Docket Date | 2022-10-24 |
| Type | Record |
| Subtype | Returned Exhibits |
| Description | Returned Exhibits |
| Docket Date | 2022-06-24 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2022-06-24 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2022-06-08 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Order Denying Oral Argument ~ ORDERED that appellant’s October 21, 2021 request for oral argument is denied. |
| Docket Date | 2022-06-08 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Authored Opinion |
| Docket Date | 2022-02-09 |
| Type | Order |
| Subtype | Order on Motion To Withdraw as Counsel |
| Description | ORD-Withdraw as Counsel ~ ORDERED that the February 7, 2022 motion of E. Raul Novoa, Jr., counsel for appellant, to withdraw as counsel is granted. |
| Docket Date | 2022-02-07 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2022-01-10 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-10-21 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-10-06 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-09-22 |
| 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 | 2021-08-20 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-08-20 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-08-16 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellees Margaret Thornton and John Thornton’s August 13, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before August 20, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal. |
| Docket Date | 2021-08-13 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-07-22 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellees Margaret Thornton and John Thornton’s July 20, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before August 14, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal. |
| Docket Date | 2021-07-20 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief ~ MARGARET THORNTON AND JOHN THORNTON |
| On Behalf Of | John Thornton |
| Docket Date | 2021-07-14 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellees Margaret Thornton and John Thornton’s July 13, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before July 21, 2021. 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 | 2021-07-13 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief ~ (MARGARET AND JOHN THORNTON) |
| On Behalf Of | John Thornton |
| Docket Date | 2021-07-07 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellees’ July 6, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before July 14, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal. |
| Docket Date | 2021-07-06 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-06-03 |
| 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 June 2, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before July 7, 2021. 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 | 2021-06-02 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-04-28 |
| 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 April 27, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before June 7, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal. |
| Docket Date | 2021-04-27 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2021-03-23 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-03-23 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-03-23 |
| Type | Order |
| Subtype | Order on Motion To File Enlarged Brief |
| Description | Order Denying Enlarged Brief ~ ORDERED that appellant's March 12, 2021 motion to file enlarged brief is denied. |
| Docket Date | 2021-03-12 |
| Type | Record |
| Subtype | Exhibits |
| Description | Received Exhibits ~ ONE (1) ENVELOPE (USB DRIVE PER 3/2/21 ORDER) |
| Docket Date | 2021-03-12 |
| Type | Motions Relating to Briefs |
| Subtype | Motion To File Enlarged Brief |
| Description | Motion To File Enlarged Brief |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-03-09 |
| 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 March 5, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before March 12, 2021. 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 | 2021-03-05 |
| 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 | 100 Emerald Beach Way LC |
| Docket Date | 2021-03-02 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Grant Miscellaneous Motion ~ ORDERED that appellant’s February 26, 2021 motion for permission to submit physical record evidence is granted. |
| Docket Date | 2021-02-26 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ FOR PERMISSION TO SUBMIT PHYSICAL RECORD EVIDENCE |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-02-26 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO MOTION FOR PERMISSION TO SUBMIT PHYSICAL RECORD EVIDENCE |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-02-08 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | ORD-Granting Consolidation ~ ORDERED that appellant's January 29, 2021 "unopposed motion to consolidate appeals; set briefing schedule; and file consolidated appendices" is granted. The above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D20-2792. The parties shall file consolidated appendices. Further, the proposed briefing schedule within the motion is adopted, and appellant shall file the initial brief on or before March 2, 2021. Appellees shall file the answer brief within forty-five (45) days from the service of the initial brief. Appellant shall file the reply brief, if any, within forty-five (45) days from the service of the answer brief. |
| Docket Date | 2021-01-29 |
| Type | Motions Other |
| Subtype | Motion To Consolidate |
| Description | Motion To Consolidate |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-01-13 |
| 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 January 12, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before February 2, 2021. 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 | 2021-01-12 |
| 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 | 100 Emerald Beach Way LC |
| Docket Date | 2021-01-06 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2021-01-04 |
| 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 | 2021-01-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | John Thornton |
| Docket Date | 2020-12-31 |
| 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 | 2020-12-31 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2020-12-30 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2020-12-30 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| 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 | 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 |
| 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 |
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 |
| Classification | Original Proceedings - Circuit Civil - Certiorari |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502019CA007716XXXXMB Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502019CA005072XXXXMB |
Parties
| Name | 100 EMERALD BEACH WAY LC |
| Role | Petitioner |
| Status | Active |
| Representations | Amanda Hand |
| Name | John Thornton |
| Role | Respondent |
| Status | Active |
| Name | Margaret Thornton |
| Role | Respondent |
| Status | Active |
| Name | The Palm Beach Town Council |
| Role | Respondent |
| Status | Active |
| Representations | Eric D. Isicoff, Christopher M. Yannuzzi, Jacob Coates, John Cater Randolph, Joanne M. O'Connor, Teresa Ragatz, Santo Digangi, Robert D. Critton, Jr. |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2020-12-23 |
| Type | Disposition by Order |
| Subtype | Denied |
| Description | Order Denying Petition for Writ - Certiorari ~ ORDERED that the October 5, 2020 amended petition for writ of certiorari is denied.CIKLIN, FORST and KUNTZ, JJ., concur. |
| Docket Date | 2020-12-23 |
| Type | Disposition |
| Subtype | Denied |
| Description | Denied - Order by Judge |
| Docket Date | 2020-10-05 |
| Type | Petition |
| Subtype | Petition Certiorari |
| Description | Petition for Certiorari Filed ~ AMENDED |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2020-10-05 |
| Type | Record |
| Subtype | Appendix to Petition |
| Description | Appendix to Petition ~ VOLUME 2 |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2020-10-05 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | The Palm Beach Town Council |
| Docket Date | 2020-10-01 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for certiorari 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 filed separate from the index, was not completely text searchable, and contains bookmarks which are not 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 | 2020-08-31 |
| Type | Record |
| Subtype | Appendix to Petition |
| Description | Appendix to Petition ~ **STRICKEN** |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2020-08-31 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Writ of Certiorari / Acknowledgment letter |
| Docket Date | 2020-08-28 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| Docket Date | 2020-08-28 |
| Type | Petition |
| Subtype | Petition Certiorari |
| Description | Petition for Certiorari Filed ~ **FILING FEE PAID ELECTRONICALLY** |
| On Behalf Of | 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 (AA) |
Parties
| Name | John Thornton |
| Role | Appellant |
| Status | Active |
| Representations | Christopher M. Yannuzzi, J. Chris Bristow, James J. Mcguire, Teresa Ragatz, Eric D. Isicoff |
| Name | Margaret Thornton |
| Role | Appellant |
| Status | Active |
| Name | 100 EMERALD BEACH WAY LC |
| Role | Appellee |
| Status | Active |
| Representations | David P. Ackerman, Matthew R. Chait, Gary J. Nagle, E. Raul Novoa, Philip M. Burlington |
| Name | SMM Realty, Inc. |
| 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 | 2020-10-20 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Judge |
| Docket Date | 2020-10-20 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellants’ August 31, 2020 “response to jurisdictional question,” appellee’s September 23, 2020 response, and the parties’ October 9, 2020 replies, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction without prejudice to appeal from a proper partial final judgment under Florida Rule of Appellate Procedure 9.110(k) or a final judgment that disposes of the entire case. Further, ORDERED that appellants’ October 15, 2020 unopposed motion for extension of time to file initial brief is determined to be moot. CONNER, KLINGENSMITH and ARTAU, JJ., concur. |
| Docket Date | 2020-10-15 |
| 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 | 2020-10-09 |
| Type | Response |
| Subtype | Reply |
| Description | Reply |
| On Behalf Of | John Thornton |
| Docket Date | 2020-10-09 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ 100 EMERALD BEACH WAY, LC'S |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2020-09-29 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-To File Response ~ Upon consideration of appellants’ August 31, 2020 “response to jurisdictional question” and appellee’s September 23, 2020 reply, it is ORDERED sua sponte that the parties are directed to each file a reply, within ten (10) days from the date of this order, specifically identifying: (1) the claims that remain pending in 100 Emerald Beach Way LC’s sixth amended complaint, if that is the most recent amendment; (2) the claims that remain pending in John Thornton and Margaret Thornton’s seventh amended counterclaim, if that is the most recent amendment, and any counter crossclaims; and (3) the claims that remain pending as to SMM Realty, Inc. amended counterclaim and crossclaim. The parties shall also provide a brief summary of each remaining pending claim and notify this court if there is any relation to the issues disposed of in the July 21, 2020 “amended partial final judgment” on appeal. |
| Docket Date | 2020-09-23 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2020-09-23 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO THIS COURT'S JURISDICTIONAL QUESTION |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2020-09-16 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Grant EOT to file Response ~ ORDERED that appellees’ September 15, 2020 “motion to renew motion for extension to file response” is granted, and the time for filing a response to appellants’ jurisdictional brief is extended five (5) days from the date of this order. |
| Docket Date | 2020-09-15 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2020-09-14 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief ~ CORRECTED APPENDIX TO JURISDICTIONAL BRIEF |
| On Behalf Of | John Thornton |
| Docket Date | 2020-09-14 |
| Type | Order |
| Subtype | Order on Motion for Reinstatement |
| Description | ORD-Reinstatement ~ ORDERED that appellants’ September 11, 2020 motion for reinstatement is granted, and the above-styled appeal is reinstated. |
| Docket Date | 2020-09-14 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ INVOICE VOIDED |
| Docket Date | 2020-09-11 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk ~ (REINSTATED 09/14/2020) |
| Docket Date | 2020-09-11 |
| 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 non-payment of the $300.00 filing fee. Further, ORDERED that appellees’ September 10, 2020 motion for extension of time to file a response is determined to be moot. |
| Docket Date | 2020-09-11 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Reinstatement |
| Description | Motion For Reinstatement |
| On Behalf Of | John Thornton |
| Docket Date | 2020-09-11 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | John Thornton |
| Docket Date | 2020-09-10 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2020-09-09 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | 100 Emerald Beach Way LC |
| Docket Date | 2020-08-31 |
| Type | Brief |
| Subtype | Jurisdictional Brief |
| Description | Jurisdictional Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2020-08-31 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2020-08-20 |
| 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. 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 | 2020-08-20 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2020-08-20 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | John Thornton |
| Docket Date | 2020-08-20 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ **AMENDED** |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CA008154XXXMB |
Parties
| Name | Margaret Thornton |
| Role | Appellant |
| Status | Active |
| Name | John Thornton |
| Role | Appellant |
| Status | Active |
| Representations | James Joseph McGuire, Jane Kreusler-Walsh, Robert D. Critton, Jr., J. Chris Bristow, Stephanie L. Serafin |
| Name | 100 EMERALD BEACH WAY LC |
| Role | Appellee |
| Status | Active |
| Name | SMM Realty, Inc. |
| Role | Appellee |
| Status | Active |
| Representations | Amy Wessel Jones, Matthew R. Chait, Jezabel P. Lima, Jeffrey C. Schneider, Gary J. Nagle |
| 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 | 2020-03-09 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2020-03-09 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Order Granting Voluntary Dismissal ~ Pursuant to the March 6, 2020 notice of voluntary dismissal, this case is dismissed. |
| Docket Date | 2020-03-06 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | John Thornton |
| Docket Date | 2020-02-20 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | SMM Realty, Inc. |
| Docket Date | 2020-02-20 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix |
| On Behalf Of | SMM Realty, Inc. |
| Docket Date | 2020-02-19 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | SMM Realty, Inc. |
| Docket Date | 2020-02-10 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2020-02-10 |
| Type | Brief |
| Subtype | Jurisdictional Brief |
| Description | Jurisdictional Brief |
| On Behalf Of | John Thornton |
| Docket Date | 2020-02-10 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | John Thornton |
| Docket Date | 2020-01-30 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ 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 "partial final judgment for plaintiff on count I of the fifth amended complaint and counts I, II, III, VI, VII, and VIII of the Thorntons' fifth amended counterclaim" is appealable by explaining whether the order involves claims that are legally interrelated or involve the same transactions as any claims still pending before the circuit court. Florida Farm Bureau Gen. Ins. Co. v. Peacock's Excavating Serv., Inc., 186 So. 3d 6, 9 (Fla. 2d DCA 2015) ("[P]iecemeal appeals should not be permitted where claims are legally interrelated and in substance involve the same transaction.") (quoting Mendez v. W. Flagler Family Ass’n, 303 So. 2d 1, 5 (Fla. 1974)). Further, Appellee may file a response within ten (10) days of service of that statement. |
| Docket Date | 2020-01-29 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | John Thornton |
| Docket Date | 2020-01-27 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2020-01-27 |
| 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 | 2020-01-24 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | John Thornton |
| Docket Date | 2020-01-24 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502018CA014034XXXMB |
Parties
| Name | 100 EMERALD BEACH WAY LC |
| Role | Appellant |
| Status | Active |
| Representations | Jezabel P. Lima, Jeffrey C. Schneider |
| Name | Margaret Thornton |
| Role | Appellee |
| Status | Active |
| Name | Town of Palm Beach |
| Role | Appellee |
| Status | Active |
| Representations | John Cater Randolph, Robert D. Critton, Jr., J. Chris Bristow, Joanne M. O'Connor |
| Name | John Thornton |
| 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 | 2019-12-10 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Order Granting Voluntary Dismissal ~ ORDERED that this court’s December 3, 2019 order to show cause is discharged. Further.Pursuant to the December 5, 2019 notice of voluntary dismissal, this case is dismissed. |
| Docket Date | 2019-12-10 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2019-12-05 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | 100 EMERALD BEACH WAY LC |
| Docket Date | 2019-12-03 |
| Type | Order |
| Subtype | Show Cause |
| Description | Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 12/10/2019**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 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 | 2019-10-22 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 673 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2019-10-18 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Town of Palm Beach |
| Docket Date | 2019-09-18 |
| 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 | 2019-09-18 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2019-09-18 |
| 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 | 2019-09-17 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | 100 EMERALD BEACH WAY LC |
| Docket Date | 2019-09-17 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Name | Date |
|---|---|
| ANNUAL REPORT | 2024-04-18 |
| ANNUAL REPORT | 2023-04-28 |
| REINSTATEMENT | 2022-12-05 |
| ANNUAL REPORT | 2021-04-23 |
| ANNUAL REPORT | 2020-04-20 |
| ANNUAL REPORT | 2019-05-23 |
| ANNUAL REPORT | 2018-03-06 |
| LC Amendment | 2017-07-24 |
| ANNUAL REPORT | 2017-04-04 |
| ANNUAL REPORT | 2016-04-01 |
Date of last update: 03 Apr 2025
Sources: Florida Department of State
