FPH PROPERTIES LLC

Classification	NOA Final - Circuit Civil - Other
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Seventeenth Judicial Circuit, Broward County 06-9583 21

Parties

Name	David Damerau
Role	Appellant
Status	Active
Name	22ND CENTURY PROPERTIES, LLC
Role	Appellant
Status	Active
Representations	Justin Infurna
Name	FPH PROPERTIES LLC
Role	Appellee
Status	Active
Representations	BENJAMIN OLIVE, Kara L. Strochlic, Matthew Sanchez
Name	Hon. John J. Murphy , III
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Broward
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

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