|
JOSEPH R. COOK, et al. VS LLOYD GERBER, et al.
|
4D2016-0787
|
2016-03-09
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
14-022513
|
Parties
| Name |
JOSEPH R. COOK
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Bruce S. Rogow, SCOTT M. DIMOND, Tara Ann Campion, Lorenz Michel Pruss
|
|
| Name |
TAINTOFIRE LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STRATEGIC DEVELOPMENT PROPERTIES, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
TILE REDI SALES & MARKETING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GLOBAL SOLUTIONS USA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
L&K LEASING CO., INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TILE REDI USA, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TILE REDI SALES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LLOYD GERBER
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Albert L. Frevola, KIMBERLY A. GESSNER, Hala Sandridge, Jesse H. Diner, Joshua D. Clark, William Robert Scherer, Stephen James Binhak
|
|
| Name |
TILE REDI, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FARRELL GERBER
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TILE REDI MANAGER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-06-10
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the March 9, 2016 petition for writ of certiorari is denied.CIKLIN, C.J., DAMOORGIAN, and TAYLOR, JJ., concur.
|
|
| Docket Date |
2016-06-09
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2016-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-Grant Motion for Review ~ ORDERED that petitioner's March 18, 2016 motion for review is granted. Production of the discovery at issue is stayed pending the outcome of this proceeding.
|
|
| Docket Date |
2016-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
LLOYD GERBER
|
|
| Docket Date |
2016-03-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that the March 15, 2016 motion to consolidate is granted, and case numbers 4D16-785 and 4D16-787 are consolidated for all purposes and shall proceed under case number 4D16-785.
|
|
| Docket Date |
2016-03-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 16-785 *AND* ALLOW A CONSOLIDATED APPENDIX
|
| On Behalf Of |
JOSEPH R. COOK
|
|
| Docket Date |
2016-03-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2016-03-10
|
| 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 |
2016-03-09
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
JOSEPH R. COOK
|
|
| Docket Date |
2016-03-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
STEPHEN JAMES BINHAK VS LLOYD GERBER, et al.
|
4D2016-0785
|
2016-03-09
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
14-022513
|
Parties
| Name |
Stephen James Binhak
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Jesse H. Diner, KIMBERLY A. GESSNER, Hala Sandridge
|
|
| Name |
TILE REDI SALES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FARRELL GERBER
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TAINTOFIRE LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
L&K LEASING CO., INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TILE REDI, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
STRATEGIC DEVELOPMENT PROPERTIES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GLOBAL SOLUTIONS USA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TILE REDI SALES & MARKETING, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LLOYD GERBER
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
William Robert Scherer, Joshua D. Clark, Lorenz Michel Pruss, SCOTT M. DIMOND
|
|
| Name |
TILE REDI MANAGER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TILE REDI USA, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JOSEPH R. COOK
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-06-09
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the March 9, 2016 petition for writ of certiorari is denied.CIKLIN, C.J., DAMOORGIAN, and TAYLOR, JJ., concur.
|
|
| Docket Date |
2016-06-09
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2016-04-21
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ IN REPLY TO RESPONSE
|
| On Behalf Of |
Stephen James Binhak
|
|
| Docket Date |
2016-04-20
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Stephen James Binhak
|
|
| Docket Date |
2016-04-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
LLOYD GERBER
|
|
| Docket Date |
2016-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-Grant Motion for Review ~ ORDERED that petitioner's March 18, 2016 motion for review is granted. Production of the discovery at issue is stayed pending the outcome of this proceeding.
|
|
| Docket Date |
2016-04-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
LLOYD GERBER
|
|
| Docket Date |
2016-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Stephen James Binhak
|
|
| Docket Date |
2016-03-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that the March 15, 2016 motion to consolidate is granted, and case numbers 4D16-785 and 4D16-787 are consolidated for all purposes and shall proceed under case number 4D16-785.
|
|
| Docket Date |
2016-03-18
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment ~ (DENIED)
|
| On Behalf Of |
Stephen James Binhak
|
|
| Docket Date |
2016-03-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 16-787 *AND* ALLOW A CONSOLIDATED APPENDIX
|
|
| Docket Date |
2016-03-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2016-03-10
|
| 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 |
2016-03-10
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Stephen James Binhak
|
|
| Docket Date |
2016-03-09
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
Stephen James Binhak
|
|
| Docket Date |
2016-03-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
JOSEPH COOK, et al. VS LLOYD GERBER, et al.
|
4D2015-3511
|
2015-09-18
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 14-022513 (12)
|
Parties
| Name |
JOSEPH R. COOK
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bruce S. Rogow, Tara Ann Campion, Lorenz Michel Pruss, SCOTT M. DIMOND
|
|
| Name |
STRATEGIC DEVELOPMENT PROPERTIES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TAINTOFIRE LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GLOBAL SOLUTIONS USA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TILE REDI MANAGER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TILE REDI USA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FARRELL GERBER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TILE REDI SALES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
L & K LEASING, CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TILE REDI, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LLOYD GERBER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Albert L. Frevola, Joshua D. Clark, STEPHEN J. BINHAK, William Robert Scherer
|
|
| Name |
TILE REDI SALES & MARKETING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-03-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-03-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-03-03
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that the appellants' September 25, 2015 request for oral argument is denied.
|
|
| Docket Date |
2016-03-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-12-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
JOSEPH R. COOK
|
|
| Docket Date |
2015-11-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that the appellees' November 18, 2015 motion for leave to file their answer brief out of time is granted. The brief and appendix are deemed timely filed as from the date of this order.
|
|
| Docket Date |
2015-11-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO ANSWER BRIEF **APPENDIX ACCEPTED AS TIMELY - SEE 11/20/15 ORDER**
|
| On Behalf Of |
LLOYD GERBER
|
|
| Docket Date |
2015-11-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **BRIEF ACCEPTED AS TIMELY - SEE 11/20/15 ORDER**
|
| On Behalf Of |
LLOYD GERBER
|
|
| Docket Date |
2015-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LLOYD GERBER
|
|
| Docket Date |
2015-11-18
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
LLOYD GERBER
|
|
| Docket Date |
2015-10-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellants' October 5, 2015 response to this court's September 28, 2015 order, it is ORDERED that the appeal shall proceed as to the portion of the trial court's order concerning venue.
|
|
| Docket Date |
2015-10-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL QUESTION
|
| On Behalf Of |
JOSEPH R. COOK
|
|
| Docket Date |
2015-09-28
|
| 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 appellants 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. Appellants shall specifically address how the notice of appeal is appealable as to all of the portions of the order on the motion to dismiss other than the ruling on venue; furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2015-09-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JOSEPH R. COOK
|
|
| Docket Date |
2015-09-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JOSEPH R. COOK
|
|
| Docket Date |
2015-09-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
JOSEPH R. COOK
|
|
| Docket Date |
2015-09-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **Appeal shall proceed as to the portion of the trial court's order concerning venue - See 10/27/15 order**
|
| On Behalf Of |
JOSEPH R. COOK
|
|
| Docket Date |
2015-09-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-09-22
|
| 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. 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.
|
|
|
