|
EDWARD A. SPECTOR and EDWARD A. SPECTOR, D.D.S., LLC VS CHERYL UBER
|
4D2017-1178
|
2017-04-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562011CA002234
|
Parties
| Name |
EDWARD A. SPECTOR, D.D.S., LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robin Bresky, Jeremy Scott Dicker
|
|
| Name |
CHERYL UBER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JEROME A. STONE, LINDA ELISE CAPOBIANCO
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
7777-06-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CONSOLIDATED WITH 17-1179 AND 17-1180 FOR ALL PURPOSES. ***
|
|
| Docket Date |
2018-07-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-07-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-07-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2018-04-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2018-04-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 10 DAYS TO 4/19/18
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2018-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 20 DAYS TO 4/9/18.
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2018-02-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CHERYL UBER
|
|
| Docket Date |
2017-12-20
|
| 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 December 19, 2017 motion for extension of time is granted, and appellee shall serve the answer brief within sixty (60) days from the date of this order. 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 |
2017-12-19
|
| 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 |
CHERYL UBER
|
|
| Docket Date |
2017-11-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 11/13/17
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' August 11, 2017 motion for extension of time is granted, and appellants shall serve the consolidated 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 |
2017-08-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-08-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **SECOND AMENDED**
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-07-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ It appears that the July 20, 2017 motion for extension of time to serve consolidated initial brief and July 21, 2017 amended motion on behalf of Edward A. Spector, D.D.S., LLC, were not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Communications, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Invesiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Sealwall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant Edward A. Spector, D.D.S., LLC unless within twenty (20) days from the date of this order, the corporation files an amended motion for extension of time signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel; further,ORDERED that this appeal is stayed pending compliance with this order.
|
|
| Docket Date |
2017-07-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **AMENDED**
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-07-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **SEE AMENDED MOTION FILED 7/21/17 **
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that appellants' June 19, 2017 motions to relinquish jurisdiction are denied.
|
|
| Docket Date |
2017-06-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellant's June 19, 2017 notice of similar case pending, it isORDERED sua sponte that case numbers 4D17-1178, 4D17-1179, and 4D17-1180 are consolidated and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D17-1178. The appellant shall file a single initial brief that addresses the issues of all case numbers.
|
|
| Docket Date |
2017-06-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 507 PAGES
|
|
| Docket Date |
2017-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-06-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-04-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-04-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
|
|
EDWARD A. SPECTOR and EDWARD A. SPECTOR, D.D.S., LLC VS JANINE N. MEYER
|
4D2017-1180
|
2017-04-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562011CA002239
|
Parties
| Name |
EDWARD A. SPECTOR, D.D.S., LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robin Bresky
|
|
| Name |
JANINE N. MEYER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JEROME A. STONE
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
7777-06-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CONSOLIDATED WITH 17-1178 AND 17-1179 FOR ALL PURPOSES. SEE 4D17-1178 FOR ALL FUTURE DOCKET ENTRIES. ***
|
|
| Docket Date |
2018-07-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-07-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-07-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2017-12-20
|
| 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 December 19, 2017 motion for extension of time is granted, and appellee shall serve the answer brief within sixty (60) days from the date of this order. 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 |
2017-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' August 11, 2017 motion for extension of time is granted, and appellants shall serve the consolidated 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 |
2017-07-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ It appears that the July 20, 2017 motion for extension of time to serve consolidated initial brief and July 21, 2017 amended motion on behalf of Edward A. Spector, D.D.S., LLC, were not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Communications, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Invesiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Sealwall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant Edward A. Spector, D.D.S., LLC unless within twenty (20) days from the date of this order, the corporation files an amended motion for extension of time signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel; further,ORDERED that this appeal is stayed pending compliance with this order.
|
|
| Docket Date |
2017-07-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **AMENDED**
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-07-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **SEE AMENDED MOTION FILED 7/21/17 **
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that appellants' June 19, 2017 motions to relinquish jurisdiction are denied.
|
|
| Docket Date |
2017-06-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellant's June 19, 2017 notice of similar case pending, it isORDERED sua sponte that case numbers 4D17-1178, 4D17-1179, and 4D17-1180 are consolidated and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D17-1178. The appellant shall file a single initial brief that addresses the issues of all case numbers.
|
|
| Docket Date |
2017-06-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-06-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 677 PAGES
|
|
| Docket Date |
2017-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-04-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-04-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
|
|
EDWARD A. SPECTOR and EDWARD A. SPECTOR, D.D.S., LLC VS JEAN E. SPRAGUE
|
4D2017-1179
|
2017-04-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562011CA002238
|
Parties
| Name |
EDWARD A. SPECTOR, D.D.S., LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robin Bresky
|
|
| Name |
JEAN E. SPRAGUE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JEROME A. STONE
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
7777-06-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CONSOLIDATED WITH 17-1178 AND 17-1180 FOR ALL PURPOSES. SEE 4D17-1178 FOR ALL FUTURE DOCKET ENTRIES. ***
|
|
| Docket Date |
2018-07-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-07-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-07-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2017-12-20
|
| 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 December 19, 2017 motion for extension of time is granted, and appellee shall serve the answer brief within sixty (60) days from the date of this order. 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 |
2017-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' August 11, 2017 motion for extension of time is granted, and appellants shall serve the consolidated 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 |
2017-07-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ It appears that the July 20, 2017 motion for extension of time to serve consolidated initial brief and July 21, 2017 amended motion on behalf of Edward A. Spector, D.D.S., LLC, were not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Communications, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Invesiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Sealwall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant Edward A. Spector, D.D.S., LLC unless within twenty (20) days from the date of this order, the corporation files an amended motion for extension of time signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel; further,ORDERED that this appeal is stayed pending compliance with this order.
|
|
| Docket Date |
2017-07-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **AMENDED**
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-07-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **SEE AMENDED MOTION FILED 7/21/17 **
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that appellants' June 19, 2017 motions to relinquish jurisdiction are denied.
|
|
| Docket Date |
2017-06-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellant's June 19, 2017 notice of similar case pending, it isORDERED sua sponte that case numbers 4D17-1178, 4D17-1179, and 4D17-1180 are consolidated and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D17-1178. The appellant shall file a single initial brief that addresses the issues of all case numbers.
|
|
| Docket Date |
2017-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-06-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 519 PAGES
|
|
| Docket Date |
2017-06-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-04-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
EDWARD A. SPECTOR
|
|
| Docket Date |
2017-04-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
