BABCOCK & MALABAR, LLC

Classification	NOA Final - Circuit Civil - Other
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Nineteenth Judicial Circuit, Martin County 432024CA000050

Parties

Name	BABCOCK & MALABAR, LLC
Role	Appellant
Status	Active
Representations	Paul Joseph Parton, Tim Breuer Wright
Name	Shimon Wolkowicki
Role	Appellant
Status	Active
Name	Elena Palinsky
Role	Appellant
Status	Active
Name	WINDERWEEDLE, HAINES, WARD & WOODMAN, P.A.
Role	Appellee
Status	Active
Representations	James Edward Cheek, III, Richard Brian Weinman
Name	Hon. Elizabeth Ann Metzger
Role	Judge/Judicial Officer
Status	Active
Name	Martin Clerk
Role	Lower Tribunal Clerk
Status	Active
Name	Brian West
Role	Appellee
Status	Active
Representations	Gregory Roether Elder, John Kevin Copeland

Docket Entries

Docket Date	2024-11-22
Type	Motions Extensions
Subtype	Motion for Extension of Time
Description	Motion for Extension of Time
Docket Date	2024-10-29
Type	Miscellaneous Document
Subtype	Pay Case Filing Fee-300
Description	Pay Case Filing Fee-300
On Behalf Of	Babcock & Malabar, LLC
View	View File
Docket Date	2024-10-25
Type	Order
Subtype	Order to Obtain Final Order
Description	It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, Appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
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Docket Date	2024-10-24
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
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Docket Date	2024-10-24
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal
Docket Date	2024-12-20
Type	Recognizing Agreed Extension
Subtype	Initial Brief
Description	30 Days to January 29, 2025
Docket Date	2024-12-20
Type	Notice
Subtype	Notice of Agreed Extension of Time - Initial Brief
Description	Notice of Agreed Extension of Time - Initial Brief
On Behalf Of	Babcock & Malabar, LLC
Docket Date	2024-12-17
Type	Record
Subtype	Record on Appeal
Description	Record on Appeal -- 1211
On Behalf Of	Martin Clerk
Docket Date	2024-12-16
Type	Notice
Subtype	Notice of Filing
Description	Notice of Filing
On Behalf Of	Babcock & Malabar, LLC
Docket Date	2024-11-25
Type	Order
Subtype	Order on Motion for Extension of Time
Description	ORDERED that Appellant's November 21, 2024 motion for extension of time is granted. Appellant shall obtain a final order on or before December 16, 2024.
View	View File

Classification	NOA Final - Circuit Civil - Other
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Nineteenth Judicial Circuit, Martin County 2016CA001278

Parties

Name	Brian West
Role	Appellant
Status	Active
Representations	John Kevin Copeland, Nicholas Ari Shannin
Name	Shimon Wolkowicki
Role	Appellee
Status	Active
Representations	Tim Breuer Wright, Gregory Roether Elder
Name	Elena Palinsky
Role	Appellee
Status	Active
Representations	Tim Breuer Wright, Gregory Roether Elder
Name	BABCOCK & MALABAR, LLC
Role	Appellee
Status	Active
Representations	Tim Breuer Wright, Gregory Roether Elder
Name	YELLOW FUNDING CORP.
Role	Appellee
Status	Active
Representations	Tim Breuer Wright, Gregory Roether Elder
Name	Hon. Elizabeth Ann Metzger
Role	Judge/Judicial Officer
Status	Active
Name	Martin Clerk
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2024-11-01
Type	Motions Extensions
Subtype	Motion for Extension of Time for Record
Description	Appellant's Motion for Extension of Time for the Lower Tribunal Clerk to Prepare the Index to Record on Appeal and Transmit the record on Appeal to Appellate Court
On Behalf Of	Brian West
Docket Date	2024-10-28
Type	Response
Subtype	Response
Description	Response to Order to Show Cause
Docket Date	2024-10-11
Type	Recognizing Agreed Extension
Subtype	Initial Brief
Description	60 days to December 9, 2024
Docket Date	2024-10-11
Type	Notice
Subtype	Notice of Agreed Extension of Time - Initial Brief
Description	Notice of Agreed Extension of Time - Initial Brief
On Behalf Of	Brian West
Docket Date	2024-07-02
Type	Order
Subtype	Order on Motion for Extension of Time for Court Reporter
Description	ORDERED that the court reporter's request for an extension of time to file the transcript with the clerk of the lower tribunal is granted, and the time for preparation and service of the transcript is extended to and including September 11, 2024. Attorneys shall notify this court of non-compliance. Further, ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) ("An order granting an extension of time for preparation of the record, or the index to the record, or for filing of the transcript of proceedings, shall extend automatically, for a like period, the time for service of the next brief due in the proceedings.").
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Docket Date	2024-07-01
Type	Order
Subtype	Order on Motion for Reinstatement
Description	ORDERED that Appellant's June 28, 2024 motion for reinstatement is granted, and the above-styled appeal is reinstated.
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Docket Date	2024-06-28
Type	Post-Disposition Motions
Subtype	Motion For Reinstatement
Description	Motion For Reinstatement
Docket Date	2024-06-28
Type	Miscellaneous Document
Subtype	Pay Case Filing Fee-300
Description	Case Filing Fee Paid - $300
View	View File
Docket Date	2024-06-27
Type	Disposition by Order
Subtype	Dismissed
Description	ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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Docket Date	2024-06-26
Type	Notice
Subtype	Notice of Appearance
Description	Notice of Appearance
Docket Date	2024-06-25
Type	Motions Relating to Records
Subtype	Motion for Extension of Time for Court Reporter
Description	Motion for Extension of Time for Court Reporter
Docket Date	2024-06-24
Type	Misc. Events
Subtype	Court Reporter Acknowledgement Letter
Description	Court Reporter Acknowledgement Letter
View	View File
Docket Date	2024-06-10
Type	Order
Subtype	Order on Filing Fee
Description	Order on Filing Fee
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Docket Date	2024-06-10
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
View	View File
Docket Date	2024-06-10
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal
Docket Date	2024-11-05
Type	Order
Subtype	Order on Motion for Extension of Time for Record
Description	ORDERED that Appellant's October 31, 2024 motion for extension of time is granted, and the time for the clerk of the lower tribunal to transmit the record on appeal is extended thirty (30) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
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Docket Date	2024-10-16
Type	Order
Subtype	Show Cause for Brief or Record on Appeal
Description	ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 26, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date	2024-12-20
Type	Order
Subtype	Order on Motion to Amend/Correct Record
Description	ORDERED that Appellant's December 9, 2024 motion to allow the record to be corrected is granted as set forth in the motion.
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Docket Date	2024-12-09
Type	Motions Relating to Records
Subtype	Motion to Amend/Correct Record
Description	Motion to Amend/Correct Record
Docket Date	2024-11-08
Type	Record
Subtype	Record on Appeal
Description	Record on Appeal - Vol. 1 Pgs 1-6,013
On Behalf Of	Martin Clerk

Classification	NOA Final - Circuit Civil - Other
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Nineteenth Judicial Circuit, Martin County 432016CA001278

Parties

Name	Shimon Wolkowicki
Role	Appellee
Status	Active
Representations	Tim Breuer Wright
Name	Elena Palinsky
Role	Appellee
Status	Active
Representations	Tim Breuer Wright
Name	BABCOCK & MALABAR, LLC
Role	Appellee
Status	Active
Representations	Tim Breuer Wright
Name	YELLOW FUNDING CORP.
Role	Appellee
Status	Active
Representations	Tim Breuer Wright
Name	Martin Clerk
Role	Lower Tribunal Clerk
Status	Active
Name	Brian West
Role	Appellant
Status	Active
Representations	John Kevin Copeland, Gregory Roether Elder, James Doyle Henderson, Nicholas Ari Shannin, Carol Bradshaw Shannin, Dayna Maeder

Docket Entries

Docket Date	2024-02-20
Type	Motions Other
Subtype	Motion To Abate
Description	AMENDED MOTION TO HOLD APPEAL IN ABEYANCE AND RELINQUISH JURISDICTION
Docket Date	2024-03-04
Type	Order
Subtype	Order
Description	ORDERED that Appellant's February 19, 2024 "Amended Unopposed Motion to Hold Appeal in Abeyance and Relinquish Jurisdiction" is denied. Further, ORDERED that, upon consideration of the trial court's January 12, 2024 "Order Vacating Nonfinal Agreed Order Docketed on June 21, 2023," the above-styled appeal is dismissed as prematurely filed.
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Docket Date	2024-02-19
Type	Motions Other
Subtype	Motion To Abate
Description	Unopposed Motion to Hold Appeal in Abeyance and Relinquish Jurisdiction
On Behalf Of	Brian West
Docket Date	2023-12-19
Type	Notice
Subtype	Notice of Appearance
Description	Notice of Appearance
On Behalf Of	Brian West
Docket Date	2023-12-11
Type	Miscellaneous Document
Subtype	Pay Case Filing Fee-300
Description	Case Filing Fee Paid through Portal
On Behalf Of	Brian West
View	View File
Docket Date	2023-12-07
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal
Docket Date	2023-12-07
Type	Order
Subtype	Order on Filing Fee
Description	Order on Filing Fee
View	View File
Docket Date	2023-12-07
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
View	View File

Classification	Original Proceedings - Circuit Civil - Certiorari
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Nineteenth Judicial Circuit, Martin County 432016CA001278

Parties

Name	BABCOCK & MALABAR, LLC
Role	Petitioner
Status	Active
Name	Shimon Wolkowicki
Role	Petitioner
Status	Active
Representations	Tim B. Wright, Paul J Parton
Name	Elena Palinsky
Role	Petitioner
Status	Active
Name	YELLOW FUNDING CORP.
Role	Petitioner
Status	Active
Name	Brian West
Role	Respondent
Status	Active
Representations	Allan P. Whitehead, James D. Henderson, Gregory R. Elder
Name	Hon. Gary L. Sweet
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Martin
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2020-10-19
Type	Order
Subtype	Order on Motion for Rehearing
Description	ORD-Denying Rehearing ~ ORDERED that petitioner’s response in opposition to respondent’s motion for appellate attorney’s fees, or in the alternative motion for rehearing on order granting West’s motion for appellate attorney’s fees dated October 6, 2020 is granted, and respondent’s September 24, 2020 motion for appellate attorney’s fees is denied as untimely. A motion for appellate attorney’s fees must be served no later than the time for service of the reply. Fla. R. App. P. 9.400(b)(2). This court’s July 29, 2020 order permitted a reply within 10 days of service of the response. Respondent’s response was served on Saturday, September 12, 2020. In computing the time for service of the reply the 10 days begins “from the next day that is not a Saturday, Sunday, or legal holiday.” Fla. R. Jud. Admin. 2.514(a)(1)(A). As the first day of the 10-day time period started on September 14, 2020 to be timely, the motion for appellate attorney’s fees had to be served by September 23, 2020.
Docket Date	2020-10-14
Type	Response
Subtype	Response
Description	Response ~ REPLY TO PETITIONER'S RESPONSE IN OPPOSITION TO WEST'S MOTION FOR APPELLATE ATTORNEY'S FEES
On Behalf Of	Brian West
Docket Date	2020-10-09
Type	Post-Disposition Motions
Subtype	Motion for Rehearing
Description	Motion For Rehearing ~ RESPONSE IN OPPOSITION TO WEST'S MOTION FOR APPELLATE ATTORNEY'S FEES, OR IN THE ALTERNATIVE, MOTION FOR REHEARING ON ORDER GRANTING WEST'S MOTION FOR APPELLATE ATTORNEY'S FEES DATED OCTOBER 6, 2020
On Behalf Of	Shimon Wolkowicki
Docket Date	2020-10-06
Type	Disposition
Subtype	Denied
Description	Denied - Order by Judge
Docket Date	2020-10-06
Type	Disposition by Order
Subtype	Denied
Description	Order Denying Petition for Writ - Certiorari ~ ORDERED that the June 8, 2020 petition for writ of certiorari is denied. Further,ORDERED that petitioners’ September 22, 2020 motion for appellate attorneys’ fees and costs is denied. Further,ORDERED that respondent's September 24, 2020 motion for attorney's fees is granted conditioned on the trial court determining that respondent is the prevailing party and, if so, setting 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.DAMOORGIAN, CONNER and KLINGENSMITH, JJ., concur.
Docket Date	2020-09-24
Type	Motions Relating to Attorney Fees/Costs
Subtype	Motion For Attorney's Fees
Description	Motion For Attorney's Fees ~ **GRANTED, SEE 10/06/2020 ORDER**
On Behalf Of	Brian West
Docket Date	2020-09-22
Type	Motions Relating to Attorney Fees/Costs
Subtype	Motion For Attorney's Fees
Description	Motion For Attorney's Fees ~ **DENIED, SEE 10/06/2020 ORDER** AND COSTS
On Behalf Of	Shimon Wolkowicki
Docket Date	2020-09-22
Type	Response
Subtype	Reply to Response
Description	Reply to Response
On Behalf Of	Shimon Wolkowicki
Docket Date	2020-09-14
Type	Response
Subtype	Response
Description	Response to Order to Show Cause
On Behalf Of	Brian West
Docket Date	2020-08-25
Type	Order
Subtype	Order on Motion for Extension of Time to File Response
Description	Grant EOT to file Response ~ ORDERED that respondent's August 24, 2020 motion for extension of time is granted, and the time for filing a response is extended to and including September 12, 2020.
Docket Date	2020-08-24
Type	Motions Extensions
Subtype	Motion for Extension of Time to File Response
Description	Motion for Extension of Time to File Response
On Behalf Of	Brian West
Docket Date	2020-07-29
Type	Order
Subtype	Show Cause re Petition
Description	ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioners may file a reply within ten (10) days of service of the response.
Docket Date	2020-06-10
Type	Record
Subtype	Appendix to Petition
Description	Appendix to Petition
On Behalf Of	Shimon Wolkowicki
Docket Date	2020-06-09
Type	Letter
Subtype	Acknowledgment Letter
Description	Writ of Certiorari / Acknowledgment letter
Docket Date	2020-06-09
Type	Order
Subtype	Order Striking Filing
Description	Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioners' appendix to the Petition for Writ of 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 not 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	2020-06-08
Type	Record
Subtype	Appendix to Petition
Description	Appendix to Petition ~ **Filing Fee Paid Through Portal** **STRICKEN**
Docket Date	2020-06-08
Type	Misc. Events
Subtype	Case Filing Fee Paid through Portal
Description	Case Filing Fee Paid Through Portal
Docket Date	2020-06-08
Type	Petition
Subtype	Petition Certiorari
Description	Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
On Behalf Of	Shimon Wolkowicki

Classification	Original Proceedings - Circuit Civil - Certiorari
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Nineteenth Judicial Circuit, Martin County 432016CA001278

Parties

Name	BABCOCK & MALABAR, LLC
Role	Petitioner
Status	Active
Name	Shimon Wolkowicki
Role	Petitioner
Status	Active
Representations	Tim B. Wright, Paul J Parton
Name	Elena Palinsky
Role	Petitioner
Status	Active
Name	Brian West
Role	Respondent
Status	Active
Representations	James D. Henderson, Allan P. Whitehead, Gregory R. Elder
Name	Hon. Gary L. Sweet
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Martin
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2020-10-23
Type	Disposition
Subtype	Denied
Description	Denied - Order by Judge
Docket Date	2020-10-23
Type	Disposition by Order
Subtype	Denied
Description	Order Denying Petition for Writ - Certiorari ~ ORDERED that the petition for writ of certiorari is denied. See Bd. of Trs. of the Internal Improvement Trust Fund v. Am. Educ. Enters., LLC, 99 So. 3d 450, 458 (Fla. 2012) (explaining that financial information is fully discoverable if it is shown to be relevant to a pending action within the broad scope of relevancy for the purpose of discovery) See also Davich v. Norman Bros. Nissan, Inc., 739 So. 2d 138, 140 (Fla. 5th DCA 1999) (“[W]ide latitude should be permitted in seeking evidence of fraud since positive proof of the tort is generally not to be expected.”). Further,ORDERED that respondent's August 10, 2020 motion for attorney's fees is granted conditioned on the trial court determining that respondent is the prevailing party and, if so, setting 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 petitioners’ August 10, 2020 motion for appellate attorneys’ fees and costs is denied.WARNER, DAMOORGIAN and CONNER, JJ., concur.
Docket Date	2020-08-10
Type	Response
Subtype	Reply to Response
Description	Reply to Response
On Behalf Of	Shimon Wolkowicki
Docket Date	2020-08-10
Type	Motions Relating to Attorney Fees/Costs
Subtype	Motion For Attorney's Fees
Description	Motion For Attorney's Fees
On Behalf Of	Shimon Wolkowicki
Docket Date	2020-08-05
Type	Order
Subtype	Order on Motion for Extension of Time to Reply to Response
Description	Grant EOT to Reply to Response ~ ORDERED that petitioners' July 30, 2020 motion for extension of time is granted, and the time for filing a reply to the response is extended to and including August 10, 2020.
Docket Date	2020-07-30
Type	Motions Extensions
Subtype	Motion Extension of Time To Reply To Response
Description	Motion Extension of TimeTo Reply To Response
On Behalf Of	Shimon Wolkowicki
Docket Date	2020-07-20
Type	Response
Subtype	Response
Description	Response to Order to Show Cause
On Behalf Of	Brian West
Docket Date	2020-07-20
Type	Record
Subtype	Appendix to Response
Description	Appendix to Response
On Behalf Of	Brian West
Docket Date	2020-06-26
Type	Order
Subtype	Show Cause re Petition
Description	ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
Docket Date	2020-06-08
Type	Letter
Subtype	Acknowledgment Letter
Description	Writ of Certiorari / Acknowledgment letter
Docket Date	2020-06-05
Type	Petition
Subtype	Petition Certiorari
Description	Petition for Certiorari Filed ~ **FILING FEE PAID ELECTRONICALLY*
On Behalf Of	Shimon Wolkowicki
Docket Date	2020-06-05
Type	Misc. Events
Subtype	Case Filing Fee Paid through Portal
Description	Case Filing Fee Paid Through Portal
Docket Date	2020-06-05
Type	Record
Subtype	Appendix to Petition
Description	Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY*