|
TAMBOUR CAFE, INC., GORETHA M. FLEURENTIN and MATHIEU FLEURENTIN VS FORUM SHOPPES OF BOYNTON BEACH, LLC.
|
4D2018-2281
|
2018-07-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2016CA004448XXX
|
Parties
| Name |
TAMBOUR CAFE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael L. Buckner, Justin C. Carlin, Steven C. Rubino
|
|
| Name |
MATHIEU FLEURENTIN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GORETHA FLEURENTIN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORUM SHOPPES OF BOYNTON BEACH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William Weisman, Daniel A. Miller
|
|
| Name |
Hon. Edward A. Garrison
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-11-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 1, 2018 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2018-11-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-11-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2018-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' October 4, 2018 motion for extension of time is granted, and appellants shall serve the initial brief within sixty (60) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2018-10-04
|
| 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 |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2018-07-31
|
| 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. 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 |
2018-07-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2018-07-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
TAMBOUR CAFE, INC. VS FORUM SHOPPES OF BOYNTON BEACH, LLC.
|
4D2016-3383
|
2016-09-30
|
Closed
|
|
| 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
502016CA000019XXXXMB
|
Parties
| Name |
TAMBOUR CAFE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael L. Buckner
|
|
| Name |
FORUM SHOPPES OF BOYNTON BEACH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel A. Miller, JOHN M. HOWE, William Weisman
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-04-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee's November 28, 2016 motion for attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee; further,ORDERED that the motion for costs filed by Daniel A. Miller is denied without prejudice to seek cost in the trial court.
|
|
| Docket Date |
2017-03-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's December 20, 2016 motion to serve an amended reply brief is granted. Said reply brief was filed December 19, 2016.
|
|
| Docket Date |
2016-12-20
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ **SEE AMENDED MOTION.**
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2016-12-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2016-12-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2016-11-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO ANSWER BRIEF
|
| On Behalf Of |
FORUM SHOPPES OF BOYNTON BEACH, LLC.
|
|
| Docket Date |
2016-11-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONSE FILED
|
| On Behalf Of |
FORUM SHOPPES OF BOYNTON BEACH, LLC.
|
|
| Docket Date |
2016-11-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FORUM SHOPPES OF BOYNTON BEACH, LLC.
|
|
| Docket Date |
2016-11-04
|
| 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 November 3, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 28, 2016. 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 |
2016-11-03
|
| 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 |
FORUM SHOPPES OF BOYNTON BEACH, LLC.
|
|
| Docket Date |
2016-10-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2016-10-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2016-10-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2016-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-10-05
|
| 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. 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 |
2016-10-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
|
|
TAMBOUR CAFE, INC., et al. VS FORUM SHOPPES OF BOYNTON BEACH, LLC.
|
4D2016-2541
|
2016-07-25
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA004448XXXXMB
|
Parties
| Name |
MATHIEU FLEURENTIN
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
TAMBOUR CAFE, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Michael L. Buckner
|
|
| Name |
GORETHA FLEURENTIN
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
FORUM SHOPPES OF BOYNTON BEACH, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Daniel A. Miller, William Weisman
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-07-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2016-08-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-08-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).WARNER, LEVINE and FORST, JJ., concur.
|
|
| Docket Date |
2016-07-25
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2016-07-25
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
TAMBOUR CAFE, INC.
|
|
| Docket Date |
2016-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-07-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2016-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
|
