|
TROPICAL PARADISE RESORTS, LLC, et al., Appellant(s) v. JACQUELINE FLYNN-MORGAN, et al., Appellee(s).
|
4D2024-2521
|
2024-09-30
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-020746
|
Parties
| Name |
TROPICAL PARADISE RESORTS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mitchel Chusid, Elizabeth Hueber, Michael Rubin
|
|
| Name |
Rodeway Inn & Suites
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Jaqueline Flynn-Morgan
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matthew D Weissing
|
|
| Name |
Estate of Charles Morgan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey Richard Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
City of Fort Lauderdale
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Hudson Carter Gill
|
|
Docket Entries
| Docket Date |
2024-10-01
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Tropical Paradise Resorts, LLC
|
| View |
View File
|
|
| Docket Date |
2024-10-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
City of Fort Lauderdale
|
|
| Docket Date |
2025-01-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellee's December 27, 2024 Notice of Appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) ("Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font."). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
City of Fort Lauderdale
|
|
| Docket Date |
2024-12-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Tropical Paradise Resorts, LLC
|
|
| Docket Date |
2024-12-19
|
| Type |
Order
|
| Subtype |
Order for Party to File Status Report on Record
|
| Description |
Upon consideration of the notice of inability to transmit the record filed by the clerk of the lower tribunal on December 9, 2024, it is ORDERED that Appellants shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
| View |
View File
|
|
| Docket Date |
2024-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Transmit the Record
|
| On Behalf Of |
Broward Clerk
|
|
|
|
CITY OF FORT LAUDERDALE, Appellant(s) v. TROPICAL PARADISE RESORTS, LLC, et al., Appellee(s).
|
4D2023-0380
|
2023-02-10
|
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
CACE20-020746
|
Parties
| Name |
City of Fort Lauderdale
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mitchel Chusid, Michael Barry Rubin, James Francis Sposato, Hudson Carter Gill
|
|
| Name |
Jaqueline Flynn-Morgan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Rodeway Inn & Suites
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA RISING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
New Florida Majority, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TROPICAL PARADISE RESORTS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joshua William Brankamp, Matthew D Weissing, Bradley James Edwards, Catherine Logan Davis
|
|
| Name |
Estate of Charles Morgan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
City of Fort Lauderdale
|
|
| Docket Date |
2023-02-16
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2023-10-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part
|
| View |
View File
|
|
| Docket Date |
2023-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the July 31, 2023 motion of Michael T. Burke, counsel for appellant, to withdraw as counsel is granted. The Law Firm of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., remains as counsel for appellant, City of Fort Lauderdale.
|
|
| Docket Date |
2023-07-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
City of Fort Lauderdale
|
|
| Docket Date |
2023-05-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
City of Fort Lauderdale
|
|
| Docket Date |
2023-04-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Tropical Paradise Resorts, LLC
|
|
| Docket Date |
2023-04-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's appendix to the answer brief 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, 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 |
2023-04-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
Tropical Paradise Resorts, LLC
|
|
| Docket Date |
2023-04-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Tropical Paradise Resorts, LLC
|
|
| Docket Date |
2023-03-24
|
| 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 March 22, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before April 12, 2023. 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 |
2023-03-22
|
| 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 |
Tropical Paradise Resorts, LLC
|
|
| Docket Date |
2023-03-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ **AMENDED
|
|
| Docket Date |
2023-02-28
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief 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 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 |
2023-02-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
City of Fort Lauderdale
|
|
| Docket Date |
2023-02-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
City of Fort Lauderdale
|
|
| Docket Date |
2023-02-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-02-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
City of Fort Lauderdale
|
|
| Docket Date |
2023-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
City of Fort Lauderdale
|
|
| Docket Date |
2023-02-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
POINT CONVERSIONS, LLC VS TROPICAL PARADISE RESORTS, LLC
|
4D2020-0967
|
2020-04-14
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-003274
|
Parties
| Name |
Point Conversions, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Ferguson
|
|
| Name |
TROPICAL PARADISE RESORTS LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Daniel Sox, Ana Barton, Edward M. Mullins, Matthew R. Chait, Joseph W. Bain
|
|
| Name |
Hon. Nicholas Lopane
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-17
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-04-17
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Mandamus ~ ORDERED that the April 14, 2020 petition for writ of mandamus is denied.LEVINE, C.J., MAY and CIKLIN, JJ., concur.
|
|
| Docket Date |
2020-04-14
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *Filing fee paid electronically*
|
| On Behalf Of |
Point Conversions, LLC
|
|
| Docket Date |
2020-04-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2020-04-14
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus / Acknowledgment letter
|
| On Behalf Of |
Point Conversions, LLC
|
|
|
|
POINT CONVERSIONS, LLC VS TROPICAL PARADISE RESORTS, LLC
|
4D2019-3788
|
2019-12-12
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-3274
|
Parties
| Name |
Point Conversions, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth Ferguson
|
|
| Name |
TROPICAL PARADISE RESORTS LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Edward M. Mullins, Matthew R. Chait, Sean Smith, Ana Barton, Joseph W. Bain, Daniel Sox
|
|
| Name |
Hon. Nicholas Lopane
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-12-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-12-18
|
| 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).GROSS, DAMOORGIAN and CONNER, JJ., concur.
|
|
| Docket Date |
2019-12-13
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Point Conversions, LLC
|
|
| Docket Date |
2019-12-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2019-12-12
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **FILING FEE PAID THROUGH PORTAL**
|
| On Behalf Of |
Point Conversions, LLC
|
|
| Docket Date |
2019-12-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
TROPICAL PARADISE RESORTS LLC d/b/a RODEWAY INN & SUITES VS POINT CONVERSIONS, LLC
|
4D2019-0479
|
2019-02-20
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19003274
|
Parties
| Name |
Rodeway Inn & Suites
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
TROPICAL PARADISE RESORTS LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Ana Barton, Edward M. Mullins, Daniel Sox
|
|
| Name |
Point Conversions, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kenneth Ferguson
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-04-24
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that the petition for writ of prohibition is dismissed without prejudice. Petitioner may raise its conflict preemption defense through a proper motion in the trial court and appeal from a final judgment if necessary; further,ORDERED that respondent’s March 4, 2019 “motion to dismiss or alternatively quash petitioner’s petition for writ of prohibition and attorney fees and costs” is denied as moot. MAY, LEVINE and KUNTZ, JJ., concur.
|
|
| Docket Date |
2019-04-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Point Conversions, LLC
|
|
| Docket Date |
2019-03-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
TROPICAL PARADISE RESORTS LLC
|
|
| Docket Date |
2019-03-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Point Conversions, LLC
|
|
| Docket Date |
2019-02-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SUPPLEMENTING APPENDIX WITH CRITICAL COURTFILING
|
| On Behalf Of |
TROPICAL PARADISE RESORTS LLC
|
|
| Docket Date |
2019-02-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's supplemental appendix to the petition filed February 25, 2019 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked 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 |
2019-02-26
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***SUPPLEMENTAL***
|
| On Behalf Of |
TROPICAL PARADISE RESORTS LLC
|
|
| Docket Date |
2019-02-25
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***STRICKEN 2/26/19*** ***SUPPLEMENTAL***
|
| On Behalf Of |
TROPICAL PARADISE RESORTS LLC
|
|
| Docket Date |
2019-02-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2019-02-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2019-02-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY*
|
|
| Docket Date |
2019-02-20
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
TROPICAL PARADISE RESORTS LLC
|
|
|
