|
FLORIDA CAPITAL MANAGEMENT, LLC VS THOMAS D'AGOSTINO, SR.
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4D2018-2346
|
2018-07-30
|
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
502013CA004699XXXXMB
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Parties
| Name |
FLORIDA CAPITAL MANAGEMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
FREDERICK JOSEPH KEITEL
|
|
| Name |
THOMAS D'AGOSTINO, SR.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan P. Hart, Eric C. Christu, RICHARD B. WEBBER, II
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-11-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2018-11-08
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED that the October 25, 2018 motion for rehearing is denied, and this appeal is DISMISSED for failure to comply with this court's October 15, 2018 order.TAYLOR, CIKLIN and CONNER, JJ., concur.
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|
| Docket Date |
2018-11-05
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| Type |
Order
|
| Subtype |
Order Striking Filing
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| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's November 2, 2018 reply to appellee’s response is stricken as unauthorized.
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|
| Docket Date |
2018-11-02
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
Reply to Response ~ ***SRICKEN***
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| On Behalf Of |
FLORIDA CAPITAL MANAGEMENT, LLC
|
|
| Docket Date |
2018-10-26
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO NON-PARTY FREDERICK KEITEL'S MOTION TO CORRECT MISTAKE
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| On Behalf Of |
THOMAS D'AGOSTINO, SR.
|
|
| Docket Date |
2018-10-25
|
| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ OF THE COURT'S OCTOBER 15, 2018 ORDER
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| On Behalf Of |
FLORIDA CAPITAL MANAGEMENT, LLC
|
|
| Docket Date |
2018-10-25
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| Type |
Record
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| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING
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| On Behalf Of |
FLORIDA CAPITAL MANAGEMENT, LLC
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|
| Docket Date |
2018-10-15
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Grant Extension of Time ~ ORDERED that appellant's October 4, 2018 motion for extension of time is granted in part only. Appellant has ten (10) days from the date of this order to obtain new counsel and for new counsel to appear and file a copy of the order appealed with this court. Failure to comply with this order WILL result in dismissal of this appeal without further notice. Further, the court notes that Frederick Keitel was not listed on the notice of appeal and is therefore not an appellant in this case. The only appellant is Florida Capital Management, LLC.
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| Docket Date |
2018-10-08
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR EXTENSION OF TIME
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| On Behalf Of |
THOMAS D'AGOSTINO, SR.
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|
| Docket Date |
2018-10-08
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| Type |
Record
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| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
THOMAS D'AGOSTINO, SR.
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|
| Docket Date |
2018-10-04
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
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| On Behalf Of |
FLORIDA CAPITAL MANAGEMENT, LLC
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|
| Docket Date |
2018-08-24
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's August 23, 2018 motion for extension of time is granted and the time to comply with this court’s order to file a conformed copy of the order on appeal is extended forty-five (45) days from the date of this order. Further,ORDERED that appellant shall serve the initial brief and appendix within forty-five (45) days from the date of this order. In addition, if the initial brief and appendix are 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.
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|
| Docket Date |
2018-08-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
FLORIDA CAPITAL MANAGEMENT, LLC
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|
| Docket Date |
2018-08-14
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
THOMAS D'AGOSTINO, SR.
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|
| Docket Date |
2018-08-06
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2018-08-06
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ *Certified*
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|
| Docket Date |
2018-08-06
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2018-07-30
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
FLORIDA CAPITAL MANAGEMENT, LLC
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|
| Docket Date |
2018-07-30
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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THOMAS B. D'AGOSTINO, SR., and THOMAS B. D'AGOSTINO, JR., as Trustees VS FLORIDA CAPITAL MANAGEMENT, LLC and FREDERICK J. KEITEL, III
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4D2017-3611
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2017-11-22
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502013CA004699
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Parties
| Name |
THOMAS B. D'AGOSTINO, JR.
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| Role |
Appellant
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| Status |
Active
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|
| Name |
THOMAS D'AGOSTINO, SR.
|
| Role |
Appellant
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| Status |
Active
|
| Representations |
Eric C. Christu, Jonathan P. Hart
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|
| Name |
TRUSTEES OF THE THOMAS B. AND ELZBIETA M. A'GOSTINO 1997 CRT
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Frederick J Keitel III
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| Role |
Appellee
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| Status |
Active
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|
| Name |
FLORIDA CAPITAL MANAGEMENT, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Bradley J. Anderson, RICHARD B. WEBBER, II, Kevin P. Robinson
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|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-06-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
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|
| Docket Date |
2018-06-14
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| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 12, 2018 stipulation for dismissal, this case is dismissed.
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| Docket Date |
2018-06-12
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal ~ "STIPULATION"
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| On Behalf Of |
THOMAS D'AGOSTINO, SR.
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| Docket Date |
2018-05-07
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| Type |
Order
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| Subtype |
Order on Motion to Stay
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| Description |
Grant Stay ~ ORDERED that the joint May 3, 2018 motion to stay pending bankruptcy court approval of settlement is granted, and the appeal is stayed for thirty (30) days. After that period, the stay will be lifted and the appellants shall either file a notice of voluntary dismissal or serve the initial brief within fourteen (14) days.
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| Docket Date |
2018-05-03
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
Motion To Stay ~ JOINT MOTION TO STAY APPEAL PENDING BANKRUPTCY COURT APPROVAL OF SETTLEMENT
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| On Behalf Of |
THOMAS D'AGOSTINO, SR.
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|
| Docket Date |
2018-02-05
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief ~ 90 DAYS TO 05/07/2018
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| On Behalf Of |
THOMAS D'AGOSTINO, SR.
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|
| Docket Date |
2018-02-01
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 8140 PAGES
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|
| Docket Date |
2018-01-04
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellants’ response filed December 27, 2017, this court's December 21, 2017 order to show cause is discharged; further,ORDERED that this court’s December 21, 2017 order to show cause is vacated.
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| Docket Date |
2017-12-27
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
|
| On Behalf Of |
THOMAS D'AGOSTINO, SR.
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|
| Docket Date |
2017-12-21
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED, SEE 01/04/2018 ORDER*** 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.
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| Docket Date |
2017-11-28
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2017-11-28
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-11-22
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
THOMAS D'AGOSTINO, SR.
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|
| Docket Date |
2017-11-22
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
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FLORIDA CAPITAL MANAGEMENT, LLC, et. al. VS THOMAS B D'AGOSTINO SR., et. al.
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4D2017-1626
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2017-06-01
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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
2013CA004699
|
Parties
| Name |
FLORIDA CAPITAL MANAGEMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
FREDERICK JOSEPH KEITEL
|
|
| Name |
Frederick J Keitel III
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Thomas B D'Agostino Sr.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric C. Christu, Jonathan P. Hart
|
|
| Name |
Thomas B D'Agostino Jr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-06-22
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| 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 nonpayment of the $300.00 filing fee.
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| Docket Date |
2017-06-02
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-06-02
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| 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.
|
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| Docket Date |
2017-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FLORIDA CAPITAL MANAGEMENT, LLC
|
|
| Docket Date |
2017-06-01
|
| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
CA:Sent to Collections
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FLORIDA CAPITAL MANAGEMENT, LLC VS TOWN OF PALM BEACH
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4D2012-4190
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2012-11-21
|
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
502011CA008986XXXXMB
|
Parties
| Name |
FLORIDA CAPITAL MANAGEMENT, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Robert C. Stone, FREDERICK JOSEPH KEITEL
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|
| Name |
Town of Palm Beach
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Bennett S. Cohn
|
|
| Name |
HON. SANDRA K. MCSORLEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. DAVID E. FRENCH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
DAVID CROW (DNU)
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-07-01
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-06-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-05-22
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Per Curiam Opinion
|
|
| Docket Date |
2013-02-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ WITH APPENDIX
|
|
| Docket Date |
2013-01-15
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ RS. 20 DYS; PT. 10 DYS THEREAFTER.
|
|
| Docket Date |
2013-01-04
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ WITH APPENDIX
|
| On Behalf Of |
FLORIDA CAPITAL MANAGEMENT
|
|
| Docket Date |
2012-12-05
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ THIS COURT'S 11/9/12 ORDER IS AMENDED TO REFLECT THE ORDER ISSUANCE DATE TO BE 12/5/12 INSTEAD OF 11/9/12.
|
|
| Docket Date |
2012-11-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2012-11-21
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
FLORIDA CAPITAL MANAGEMENT
|
|
| Docket Date |
2012-11-21
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ (SEE AMENDED ORDER ISSUED 12/5/12) OF CERT. PT. SHALL FILE A PETITION AND APPENDIX WITHIN 30 DYS.
|
|
| Docket Date |
2012-11-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
