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HEIDI GERSTEN, Appellant(s) v. MRH PROPERTIES, LLC, Appellee(s).
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4D2024-2692
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2024-10-21
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Open
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|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC001777
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Parties
| Name |
Heidi Gersten
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Ori Feistmann Silver
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kenneth James Lowenhaupt, Leslie Weiner Langbein
|
|
Docket Entries
| Docket Date |
2024-10-25
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
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| View |
View File
|
|
| Docket Date |
2024-10-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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| View |
View File
|
|
| Docket Date |
2024-10-21
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion for Leave of Court to Accept as Timely Filed
Amended with Leave of Court Appellant's Combined
Title II and Title III of the Americans with Disabilities Act
Reasonable Accommodation Request to Accept as Timely Filed and Grant Motion for Extension of Time to File Initial Brief
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|
| Docket Date |
2024-12-30
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| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellee is directed to respond, within fifteen (15) days from the date of this order, to Appellant's motion for extension of time to serve initial brief.
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| View |
View File
|
|
| Docket Date |
2024-12-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
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Heidi Gersten, Petitioner(s) v. MRH Properties, LLC, Respondent(s)
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SC2024-1350
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2024-09-16
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Closed
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| Classification |
Original Proceedings - Writ - Mandamus
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| Court |
Supreme Court of Florida
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC001777XXXXSB
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Parties
| Name |
Heidi Gersten
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kenneth James Lowenhaupt, Leslie Weiner Langbein
|
|
| Name |
Ori Feistmann Silver
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-04
|
| Type |
Disposition (SC)
|
| Subtype |
Dism as Facially Insufficient
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| Description |
The petition for writ of mandamus is hereby dismissed as facially insufficient. See Fla. R. App. P. 9.100(g). No motion for rehearing will be considered by this Court.
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| View |
View File
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| Docket Date |
2024-10-18
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
Heidi Gersten
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| View |
View File
|
|
| Docket Date |
2024-10-17
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| Type |
Event
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| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-09-17
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
Acknowledgment Letter-New Case
|
| View |
View File
|
|
| Docket Date |
2024-09-16
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| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
Petition for a Writ of Mandamus
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2024-09-17
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| Type |
Order
|
| Subtype |
Filing Fee Due
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| Description |
The jurisdiction of this Court was invoked by the filing of a Petition for Writ of Mandamus; however, said petition was not accompanied by the $300.00 filing fee or a proper motion for leave to proceed in forma pauperis as required by Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing the petition. Petitioner is allowed to and including October 17, 2024, in which to submit the filing fee or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes. The petition will not be submitted to the Court until receipt of the above. Failure to submit the filing fee or the above referenced document to this Court could result in the imposition of sanctions, including dismissal of the petition.
Please understand that once this case is dismissed, it is not subject to reinstatement.
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| View |
View File
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HEIDI GERSTEN, Petitioner(s) v. MRH PROPERTIES, LLC, Respondent(s)
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4D2023-1450
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2023-06-14
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Closed
|
|
| Classification |
Original Proceedings - County Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC001777
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Parties
| Name |
Heidi Gersten
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Leslie W. Langbein, Kenneth James Lowenhaupt
|
|
| Name |
Hon. Ori Silver
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-25
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| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order on Motion for Rehearing En Banc
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| View |
View File
|
|
| Docket Date |
2024-04-01
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| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order on Motion to Stay
|
| View |
View File
|
|
| Docket Date |
2023-07-28
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2024-03-20
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix in Support of/to Petitioner/Appellant's Tile II/III of the Americans with Disabilities Act Reasonable Accommodation Request and Motion for Stay Pending Resolution of Petitioner/Appellant's Americans with Disabilities Act Statement of Grievance
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| Docket Date |
2024-03-04
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
|
| Description |
Petitioner/Appellant's Title II/III of the Americans with Disabilities Act Reasonable Accommodation Request and Motion to Stay Pending Resolution of Petitioner/Appellant's Americans with Disabilities Act Statement of Grievance and Appendix in Support
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| Docket Date |
2024-02-13
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing and Rehearing En Banc
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| Description |
Motion for Rehearing and/or Rehearing En Banc and/or Clarification, and/or Certification, and/or Issuance of a Written Opinion
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|
| Docket Date |
2024-02-01
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response to Petitioner's Motion for Extension
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| On Behalf Of |
MRH Properties, LLC
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|
| Docket Date |
2024-01-27
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| Type |
Record
|
| Subtype |
Appendix to Motion
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| Description |
Appendix to Motion
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| On Behalf Of |
Heidi Gersten
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|
| Docket Date |
2024-01-27
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
Request and Motion for Extension of Time to Timely File Motion for Rehearing and/or Rehearing en Banc, and/or Clarification, and/or Certification, and/or Issuance of a Written Opinion and Attached Appendix in Support
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| Docket Date |
2024-01-12
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that petitioner's January 11, 2024 motion for extension of time is granted, and petitioner may file a motion for rehearing on or before January 26, 2024.
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| View |
View File
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| Docket Date |
2024-01-12
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| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion for Extension of time
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| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2024-01-12
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2023-12-27
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| Type |
Disposition by Order
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| Subtype |
Denied
|
| Description |
ORDERED that the petition for writ of certiorari/prohibition is denied. The motion was legally insufficient to warrant disqualification. Adverse legal rulings (i.e. the denial of a continuance) are insufficient to warrant disqualification. See Letterese v. Brody, 985 So. 2d 597, 599 (Fla. 4th DCA 2008); Soto v. State, 751 So 2d 633 (Fla. 4th DCA 1999).
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| View |
View File
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| Docket Date |
2023-12-19
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| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
Supplemental Appendix
|
| On Behalf Of |
Heidi Gersten
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|
| Docket Date |
2023-12-11
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| Type |
Order
|
| Subtype |
Order on Motion to Stay
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| Description |
ORDERED that petitioner's December 7, 2023 motion to stay or abate is denied, as this court has granted an extension of time to file the supplemental appendix.
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| View |
View File
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| Docket Date |
2023-12-08
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that petitioner's November 27, 2023 motion for extension of time is granted, and petitioner shall file the supplemental appendix within ten (10) days from the date of this order. Petitioner is warned that no further extensions shall be granted and that her failure to provide an adequate record may result in denial of the petition. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979).
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| View |
View File
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| Docket Date |
2023-12-08
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| Type |
Motions Other
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| Subtype |
Motion To Stay
|
| Description |
Motion To Stay and Motion for Extension of Time
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| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2023-11-28
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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 |
Heidi Gersten
|
|
| Docket Date |
2023-11-17
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2023-11-17
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
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| On Behalf Of |
Heidi Gersten
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|
| Docket Date |
2023-11-06
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| Type |
Order
|
| Subtype |
Order to File (Supplemental) Appendix
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| Description |
Order to File Supplemental Appendix
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| View |
View File
|
|
| Docket Date |
2023-10-17
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| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2023-10-17
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Writ of Certiorari
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| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2023-09-18
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
Order on Motion for Extension of Time
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| View |
View File
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|
| Docket Date |
2023-09-13
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for EOT
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| On Behalf Of |
MRH Properties, LLC
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|
| Docket Date |
2023-09-12
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion for Extension of Time
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|
| Docket Date |
2023-08-18
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioner's August 15, 2023 motion for extension of time is granted. The time for filing a petition and appendix is extended to and including September 11, 2023.
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| Docket Date |
2023-08-15
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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 |
Heidi Gersten
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|
| Docket Date |
2023-08-01
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
Deny Extension of Time ~ ORDERED that petitioner's July 28, 2023 motion for extension of time is denied as moot. No motion for appellate fees has been filed. Garcia v. Collazo, 178 So. 3d 429, 430 (Fla. 3d DCA 2015) (explaining that "attorney's fees must be requested by filing a separate motion and not merely as a line request in a pleading").
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| Docket Date |
2023-07-13
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EOT.
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| On Behalf Of |
MRH Properties, LLC
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|
| Docket Date |
2023-07-12
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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 |
Heidi Gersten
|
|
| Docket Date |
2023-06-22
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2023-06-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-06-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2023-06-14
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| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
|
| Docket Date |
2023-06-14
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2024-03-20
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| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Petitioner/Appellant's Title II/III of the Americans with Disabilities Act Reasonable Accommodation Request and Motion to Accept as Timely Filed Petitioner/Appellant's Amended Stay Pending Resolution of Petitioner/Appellant's Americans with Disabilities Act Statement of Grievance and Appendix in Support
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| Docket Date |
2024-02-05
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that Petitioner's January 26, 2024 motion for extension of time is granted, and Petitioner shall file the motion for rehearing on or before February 10, 2024. Petitioner is advised that no further extensions will be granted absent a detailed explanation for why the motion for rehearing has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
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| View |
View File
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| Docket Date |
2023-07-14
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
Grant Extension of Time ~ ORDERED that petitioner's July 12, 2023 motion for extension of time is granted. The time for filing a petition and appendix is extended to August 15, 2023.
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| Docket Date |
2023-06-22
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| Type |
Order
|
| Subtype |
Order Reclassifying Case
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| Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed with the clerk of the lower tribunal is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
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| Docket Date |
2023-06-15
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
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WADELENE NICOLA, Appellant(s) v. MRH PROPERTIES, LLC, Appellee(s)
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4D2022-3112
|
2022-11-18
|
Closed
|
|
| Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CC011055
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Parties
| Name |
Wadelene Nicola
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kenneth James Lowenhaupt
|
|
| Name |
Hon. Reginald Roy Corlew
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
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| View |
View File
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| Docket Date |
2023-09-26
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-08-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND MOTION FOR EXTENSION OF TIME TO HIRE AN ATTORNEY
|
| On Behalf Of |
Wadelene Nicola
|
|
| Docket Date |
2023-08-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-02-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Wadelene Nicola
|
|
| Docket Date |
2023-02-10
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ 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 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 |
2023-01-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 68 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Wadelene Nicola
|
|
| Docket Date |
2022-11-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ Civil Cover Sheet
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2022-11-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
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HEIDI GERSTEN VS MRH PROPERTIES, LLC
|
4D2021-2916
|
2021-10-12
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC001777
|
Parties
| Name |
Heidi Gersten
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kenneth Lowenhaupt, Leslie W. Langbein
|
|
| Name |
Hon. Marni Bryson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that petitioner's February 9, 2022 motion for rehearing is denied as moot, as an amended motion for rehearing was filed. Further,ORDERED that petitioner’s February 9, 2022 motion to vacate is denied as moot, as an amended motion to vacate was filed. Further,ORDERED that petitioner’s February 9, 2022 motion to accept petition for writ of prohibition and appendix as timely filed is denied as moot, as an amended motion was filed. Further,ORDERED that petitioner’s February 11, 2022 motion to accept amended motion for rehearing is granted. Further,ORDERED that petitioner’s February 11, 2022 motion to accept amended motion to accept petition for writ of prohibition and appendix as timely filed and to reinstate is granted, and petitioner’s February 9, 2022 petition for writ of prohibition is stricken as moot based on the filing of the amended petition, Further,ORDERED that petitioner’s February 11, 2022 amended motion to accept petition for writ of prohibition and appendix as timely filed and to reinstate is denied. Further,ORDERED that petitioner’s February 11, 2022 motion to accept amended page 2 index of appendix to petitioner’s petition for writ of prohibition as timely filed is granted. Further,ORDERED that petitioner’s February 11, 2022 motion to accept petitioner’s amended petition for writ of prohibition as timely filed is denied. Further, ORDERED that petitioner’s February 11, 2022 motion to accept amended motion to vacate is granted. Further,ORDERED that petitioner’s February 11, 2022 amended motion to vacate is denied. Further,ORDERED that petitioner’s February 11, 2022 amended motion for rehearing is denied, petitioner’s February 11, 2022 supplement and amended petition for writ of prohibition are stricken in light of the denial of the amended motion for rehearing, and petitioner’s February 9, 2022 appendix is stricken in light of the denial of the amended motion for rehearing.
|
|
| Docket Date |
2022-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S AMENDED MOTION TO VACATE DISMISSAL OF PETITION FOR WRIT OF PROHIBITION and ORDER GRANTING ATTORNEY'S FEES
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2022-02-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ PROPOSED AMENDED
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-02-11
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ PROPOSED AMENDED
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-02-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Supplement ~ AMENDED PAGE 2 OF APPENDIX TO PETITIONER'S PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-02-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO ACCEPT PETITONER'S AMENDED PETITION FOR WRIT OF PROHIBITION AS TIMELY FILED
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-01-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-01-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that Petitioner's January 18, 2022 motion for extension of time is granted. The time for filing a petition and appendix is extended to January 21, 2022. Absent extraordinary circumstances, no further extensions of time will be granted. Failure to file a petition and appendix within the time provided in this order will result in dismissal of this proceeding.
|
|
| Docket Date |
2022-01-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-02-09
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ (PROPOSED)
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-02-09
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ (PROPOSED)
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-02-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion to vacate ~ MOTION TO VACATE DISMISSAL OF PETITION FOR WRIT OF PROHIBITION and ORDER GRANTING ATTORNEY'S FEES
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-02-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the respondent's November 19, 2021 motion for attorney's fees and costs 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.
|
|
| Docket Date |
2022-01-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioner's January 5, 2022 motion for extension of time is granted. The time for filing a petition and appendix is extended to January 15, 2022. Absent extraordinary circumstances, no further extensions will be granted. Failure to timely comply with this order will result in dismissal.
|
|
| Docket Date |
2022-01-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-01-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-12-29
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 29, 2021 order is amended as follows: ORDERED that Petitioner's December 27, 2021 motion for extension of time is granted. The time for filing a petition and appendix is extended to January 5, 2022.
|
|
| Docket Date |
2021-12-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-12-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-12-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ DENIED, SEE 12/06/2021 ORDER
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-11-19
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-11-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-11-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S JURISDICTIONAL STATEMENT
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-11-12
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's November 10, 2021 motion to accept jurisdictional brief as timely and motion to accept appendix to jurisdictional brief as timely are granted, and appellant’s jurisdictional brief and appendix to jurisdictional brief are deemed timely filed.
|
|
| Docket Date |
2021-11-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO ACCEPT APPENDIX TO JURISDICTIONAL BRIEF AS TIMELY
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-10
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-08
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant's November 4, 2021 motion to accept appendix to initial brief as timely and motion to accept initial brief as timely are denied as moot as the brief and appendix were timely filed.
|
|
| Docket Date |
2021-11-04
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO ACCEPT APPENDIX AS TIMELY
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-04
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief ~ **DENIED, SEE 11/08/2021 ORDER**
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-10-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's October 28, 2021 “motion for extension of time to file initial brief” is treated as a motion for extension of time to file a jurisdictional brief, in compliance with this Court’s October 13, 2021 order, and is granted. Appellant shall file the jurisdictional brief within seven (7) days from the date of this order. Appellant is advised that in the October 13, 2021 order, the court required appellant to file a statement for basis of jurisdiction. The initial brief is a separate filing and is due pursuant to the time frame set forth under Florida Rule of Appellate Procedure 9.130.
|
|
| Docket Date |
2021-10-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OPPOSITION TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-10-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-10-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-10-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-10-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2021-10-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ **Civil Cover Sheet**
|
|
| Docket Date |
2021-12-06
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ ORDERED that, upon consideration of the appellant’s November 10, 2021 jurisdictional brief and the appellee’s November 19, 2021 response, this appeal is dismissed in part as to the September 13, 2021 order denying defendant’s emergency motion for continuance and stay of proceeding; the September 13, 2021 order lifting stay on final judgment; and the September 20, 2021 writ of possession. Further, ORDERED that this appeal shall proceed as a Petition for Writ of Prohibition as to the September 13, 2021 order denying the motion to disqualify and motion for clerk to reassign case to another judge. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order. Further,ORDERED that appellee’s December 3, 2021 motion for extension of time to file answer brief is denied as moot.CONNER, C.J., WARNER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2021-10-13
|
| 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, appellant 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. Appellant shall specifically address how the September 13, 2021 order denying defendant's emergency motion for continuance and stay of proceeding, the September 13, 2021 order lifting stay on final judgment, and the September 20, 2021 writ of possession are non-final appealable orders. See Keeter v. Wells Fargo Bank, N.A., 278 So. 3d 356 (Fla. 1st DCA 2019) (holding that a writ of possession is not an appealable order); Lincoln Enter., LLC v. Bookstein, 239 So. 3d 163 (Fla. 3d DCA 2018) (holding that an order lifting a stay is not appealable under Florida Rule of Appellate Procedure 9.130(a)(3)); Greene v. Cal. Fed. Bank, 658 So. 2d 1027, 1028 (Fla. 4th DCA 1995) (holding that an order denying a stay was not appealable under Florida Rule of Appellate Procedure 9.130). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
|
|
LARITA SPENCER, ET AL. VS MRH PROPERTIES, LLC
|
SC2021-1234
|
2021-08-27
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D21-1469
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CC008007XXXXSB
|
Parties
| Name |
Michael Bracken
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
LaRita Spencer
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kenneth J. Lowenhaupt
|
|
| Name |
HON. REGINALD ROY CORLEW, JUDGE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Joseph Abruzzo
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-25
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2021-12-09
|
| Type |
Order
|
| Subtype |
Brief Non-Filing (Answer Brief)
|
| Description |
ORDER-BRIEF NON-FILING (ANSWER BRIEF) ~ Counsel for respondent having not filed an answer brief, the above case has been submitted to the Court for consideration.
|
|
| Docket Date |
2021-11-04
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ APPENDIX TO PETITIONER'S BRIEF ON JURISDICTION
|
| On Behalf Of |
LaRita Spencer
|
| View |
View File
|
|
| Docket Date |
2021-10-25
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including November 4, 2021, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
|
|
| Docket Date |
2021-10-25
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ PETITIONER'S MOTION FOR EXTENTION OF TIME TO FILE AN AMENDED JURISDICTIONAL BRIEF
|
| On Behalf Of |
LaRita Spencer
|
| View |
View File
|
|
| Docket Date |
2021-10-04
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's jurisdictional brief, which was filed with this Court on September 30, 2021, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before October 25, 2021, to file an amended jurisdictional brief with appendix. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service. The table of contents and citations, the statement of the issues, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation. The appendix shall contain only a copy of the order (dated June 1, 2021) of the district court of appeal to be reviewed.
|
|
| Docket Date |
2021-09-30
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ Filed as "PETITIONER LARITA SPENCER and MICHAEL BRACKEN'S INITIAL BRIEF ON THE MERITS" * Stricken on 10/4/21. Does not contain statement of the issues and appendix. *
|
| On Behalf Of |
LaRita Spencer
|
| View |
View File
|
|
| Docket Date |
2021-09-30
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid In Full - $300 ~ - Fee arrived by mail on 9/28/21
|
|
| Docket Date |
2021-09-15
|
| Type |
Order
|
| Subtype |
Dismissal re: Failure To Comply
|
| Description |
ORDER-DISMISSAL RE: FAILURE TO COMPLY ~ In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410.We have not received the jurisdictional brief with appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced documents with this Court within 15 days from the date of this order could result in the imposition of sanctions, including dismissal of the petition.
|
|
| Docket Date |
2021-08-27
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2021-08-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-08-27
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including September 28, 2021, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2021-08-27
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
LaRita Spencer
|
| View |
View File
|
|
|
|
HEIDI GERSTEN VS MRH PROPERTIES, LLC
|
4D2021-2028
|
2021-07-01
|
Closed
|
|
| Classification |
NOA Non Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC001777
|
Parties
| Name |
Heidi Gersten
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kenneth Lowenhaupt, Leslie W. Langbein
|
|
| Name |
Hon. Marni Bryson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-08-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ **CASES 21-2028 & 21-1648 are CONSOLIDATED FOR ALL PURPOSES -- SEE case 21-1648 for all future entries**
|
|
| Docket Date |
2022-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Recall Mandate
|
| Description |
Ord-Denying Recall of Mandate ~ ORDERED that the appellant's July 11, 2022 motion to recall mandate is denied.
|
|
| Docket Date |
2022-07-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ SWORN DECLARATION OF HEIDI GERSTEN IN SUPPORT OF APPELLANT'S MOTION TO RECALL MANDATE
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-07-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S MOTION TO RECALL MANDATE
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-07-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ ***Stricken as unauthorized - see 8/05/22 order*** MOTION TO ACCEPT LINK TO VIDEO AS EVIDENCE OF APPELLEE'S FRAUD UPON THE COURT
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-07-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion to Recall Mandate
|
| Description |
Motion to recall mandate
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-05-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's March 25, 2022 motion for rehearing, clarification, certification, and written opinion is denied.
|
|
| Docket Date |
2022-04-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2022-03-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s September 24, 2021 motion for appellate attorney’s fees andcosts is granted. This shall include the attorney’s fees and costs sought in appellee’s July 19, 2021 motion for appellate attorney’s fees and costs. On remand, the trial court shall set 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.
|
|
| Docket Date |
2022-03-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-11-29
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant’s November 17, 2021 motion to accept amended appendix to reply brief as timely filed is granted. Said amended appendix is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-11-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO ACCEPT AMENDED APPENDIX TO APPELLANT'S REPLY BRIEF AS TIMELY FILED
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s November 2, 2021 motion for extension of time is granted, and appellant shall serve the reply brief on or before November 16, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-10-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-10-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellant’s October 1, 2021 motion for extension of time to file response is denied as moot.
|
|
| Docket Date |
2021-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellee’s September 27, 2021 motion to serve an amended answer brief is granted. Said amended answer brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-09-28
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-27
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-24
|
| 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 consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2021-09-17
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (10 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-09-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 18 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ OREDERED that appellant’s July 28, 2021 motion for extension of time to file transcript of proceedings is denied.
|
|
| Docket Date |
2021-09-10
|
| 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 August 30, 2021 motion for extension of time is granted, and appellee shall serve the answer brief within ten (10) days following the county court’s approval of the Statement of Proceeding. 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 |
2021-09-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ and OPPOSITION TO APPELLANT'S MOTION FOR LEAVE TO FILE AN AMENDED INITIAL BRIEF
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE TRANSCRIPT OF PROCEEDING
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-08
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-09-08
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ ***STRICKEN FROM DOCKET***
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-09-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ to Appellee's Motion to Supplement and Correct Record on Appeal
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-09-01
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellee’s August 9, 2021 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellee shall monitor the supplementation process.
|
|
| Docket Date |
2021-08-30
|
| 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 |
MRH Properties, LLC
|
|
| Docket Date |
2021-08-23
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant’s July 28, 2021 “motion to accept amended notice of appeal” is denied.
|
|
| Docket Date |
2021-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that case numbers 4D21-2028 and 4D21-1648 are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-1648.WARNER and CIKLIN, JJ., concur.DAMOORGIAN, J., dissents.
|
|
| Docket Date |
2021-08-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-08-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ RESPONSE AND OBJECTION TO APPELLEE'S MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellant’s July 28, 2021 “motion for extension of time to file motion to strike appellee’s response to appellant’s emergency motion to stay” is denied as moot.
|
|
| Docket Date |
2021-07-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION TO STRIKE
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Upon consideration of appellee’s July 19, 2021 response, it is ORDERED that appellant’s July 12, 2021 emergency motion to stay is denied.
|
|
| Docket Date |
2021-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s July 12, 2021 motion for extension of time is granted. The initial brief was filed on July 19, 2021.
|
|
| Docket Date |
2021-07-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS (RESPONSE FILED 8/09/21)
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-07-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S EMERGENCY MOTION TO STAY AND MOTION TO PERMIT LOWER TRIBUNAL TO SET APPELLATE BOND
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-07-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-12
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant’s July 12, 2021 request for emergency treatment is granted. Appellee shall respond to the motion for stay within seven (7) days from the date of this order. All matters in the trial court shall be stayed pending this court’s ruling on the motions for stay.
|
|
| Docket Date |
2021-07-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ (EMERGENCY)
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-02
|
| 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, appellant 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. Appellant shall specifically address how the county court’s order lifting the stay on the final judgment and writ of possession is an appealable order. Further, Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-07-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2021-07-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
HEIDI GERSTEN VS MRH PROPERTIES, LLC
|
4D2021-1708
|
2021-05-25
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC001777
|
Parties
| Name |
Heidi Gersten
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kenneth Lowenhaupt
|
|
| Name |
Hon. Marni Bryson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-01
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order on Rehearing ~ SC21-733 DENIED
|
|
| Docket Date |
2021-06-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-06-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the Petition for Writ of Prohibition in a Sham Possession of Property Eviction Action is dismissed without prejudice to raise any error in the denial of petitioner’s motion for disqualification in her final appeal in 4D21-1648; further ORDERED that petitioner’s Emergency Stay of Order of Judgment to Remove Tenant and Writ of Possession and All Further Proceedings Pending Appellate Review is denied.GERBER, CONNER and ARTAU. JJ., concur.
|
|
| Docket Date |
2021-06-10
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's May 26, 2021 filing fee order is vacated as the filing fee was paid to the Florida Supreme Court before the case was transferred.
|
|
| Docket Date |
2021-06-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MAY 26, 2021 FILING FEE ORDER
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-06-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MAY 26, 2021 FILING FEE ORDER
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-05-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter ~ **THE FILING FEE WAS PAID TO THE SUPREME COURT**
|
|
| Docket Date |
2021-05-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ **VACATED, SEE 06/10/2021 ORDER**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. 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 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 |
2021-05-25
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **Transferred From Supreme Court**
|
|
| Docket Date |
2021-05-25
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ **Transferred From Supreme Court**
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-05-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ DENIED, SEE 06/29/2021 ORDER **Transferred From Supreme Court**
|
|
| Docket Date |
2021-05-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-05-25
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ **Order Transferring Case From Supreme Court**
|
|
|
|
HEIDI GERSTEN VS MRH PROPERTIES, LLC
|
4D2021-1648
|
2021-05-18
|
Closed
|
|
| Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
2021CC001777XXXXSB
|
Parties
| Name |
Heidi Gersten
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kenneth Lowenhaupt, Leslie W. Langbein
|
|
| Name |
Hon. Marni Bryson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-08-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ **CASES 21-2028 & 21-1648 are CONSOLIDATED FOR ALL PURPOSES -- SEE case 21-1648 for all future entries**
|
|
| Docket Date |
2022-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Recall Mandate
|
| Description |
Ord-Denying Recall of Mandate ~ ORDERED that the appellant's July 11, 2022 motion to recall mandate is denied.
|
|
| Docket Date |
2022-07-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion to Recall Mandate
|
| Description |
Motion to recall mandate
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-07-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S MOTION TO RECALL MANDATE
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-07-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ SWORN DECLARATION OF HEIDI GERSTEN IN SUPPORT OF APPELLANT'S MOTION TO RECALL MANDATE
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-07-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ ***Stricken as unauthorized - see 8/05/22 order*** MOTION TO ACCEPT LINK TO VIDEO AS EVIDENCE OF APPELLEE'S FRAUD UPON THE COURT
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-05-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's March 25, 2022 motion for rehearing, clarification, certification, and written opinion is denied.
|
|
| Docket Date |
2022-04-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2022-03-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2022-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s September 24, 2021 motion for appellate attorney’s fees andcosts is granted. This shall include the attorney’s fees and costs sought in appellee’s July 19, 2021 motion for appellate attorney’s fees and costs. On remand, the trial court shall set 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.
|
|
| Docket Date |
2022-03-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-11-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-29
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant’s November 17, 2021 motion to accept amended appendix to reply brief as timely filed is granted. Said amended appendix is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-11-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO ACCEPT AMENDED APPENDIX TO APPELLANT'S REPLY BRIEF AS TIMELY FILED
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s November 2, 2021 motion for extension of time is granted, and appellant shall serve the reply brief on or before November 16, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-10-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellant’s September 8, 2021 motion for leave to file amended brief is denied, and the proposed amended initial brief is stricken from the docket. Further, ORDERED that appellee’s September 9, 2021 motion to dismiss is denied as moot. Further, ORDERED that appellee’s September 9, 2021 “motion for extension of time to file its answer brief and opposition to appellant’s motion for leave to file an amended initial brief” is denied as moot. Further, ORDERED that appellee’s September 9, 2021 “motion to correct the record by striking appellant’s transcript from the record and/or by excluding it from consideration” is denied as moot.
|
|
| Docket Date |
2021-10-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellee’s September 27, 2021 motion to serve an amended answer brief is granted. Said amended answer brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-09-28
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-27
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-24
|
| 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 consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2021-09-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-17
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (10 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-09-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 18 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ OREDERED that appellant’s July 28, 2021 motion for extension of time to file transcript of proceedings is denied.
|
|
| Docket Date |
2021-09-10
|
| 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 August 30, 2021 motion for extension of time is granted, and appellee shall serve the answer brief within ten (10) days following the county court’s approval of the Statement of Proceeding. 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 |
2021-09-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ and OPPOSITION TO APPELLANT'S MOTION FOR LEAVE TO FILE AN AMENDED INITIAL BRIEF
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-08
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ ***STRICKEN FROM DOCKET***
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-09-08
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-09-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE TRANSCRIPT OF PROCEEDING
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-09-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ to Appellee's Motion to Supplement and Correct Record on Appeal
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-09-01
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellee’s August 9, 2021 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellee shall monitor the supplementation process.
|
|
| Docket Date |
2021-08-30
|
| 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 |
MRH Properties, LLC
|
|
| Docket Date |
2021-08-23
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant’s July 28, 2021 “motion to accept amended notice of appeal” is denied.
|
|
| Docket Date |
2021-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that case numbers 4D21-2028 and 4D21-1648 are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-1648.WARNER and CIKLIN, JJ., concur.DAMOORGIAN, J., dissents.
|
|
| Docket Date |
2021-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-08-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ RESPONSE AND OBJECTION TO APPELLEE'S MOTION TO PERMIT LOWER TRIBUNAL TO SET APPELLATE BOND
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-08-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-08-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-08-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s July 28, 2021 amended motion for extension of time is granted, and appellant shall serve the initial brief on or before August 9, 2021. 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 |
2021-07-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellant’s July 28, 2021 “motion for extension of time to file motion to strike appellee’s response to appellant’s emergency motion to stay” is denied as moot.
|
|
| Docket Date |
2021-07-28
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO ACCEPT MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR EXTENSION OF TIME FOR AMENDED INITIAL BRIEF
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION TO STRIKE
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Upon consideration of appellee’s July 19, 2021 response, it is ORDERED that appellant’s July 12, 2021 emergency motion to stay is denied.
|
|
| Docket Date |
2021-05-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-07-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO ACCEPT AMENDED NOTICE OF APPEAL
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-27
|
| 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 7/28/21**
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-07-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S EMERGENCY MOTION TO STAY AND MOTION TO PERMIT LOWER TRIBUNAL TO SET APPELLATE BOND
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-07-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS (RESPONSE FILED 8/09/21)
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MRH Properties, LLC
|
|
| Docket Date |
2021-07-12
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant’s July 12, 2021 request for emergency treatment is granted. Appellee shall respond to the motion for stay within seven (7) days from the date of this order. All matters in the trial court shall be stayed pending this court’s ruling on the motions for stay.
|
|
| Docket Date |
2021-07-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ (EMERGENCY)
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellant’s May 24, 2021 motion to stay is denied.
|
|
| Docket Date |
2021-05-24
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-05-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Heidi Gersten
|
|
| Docket Date |
2021-05-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2021-05-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
HEIDI GERSTEN VS MRH PROPERTIES, LLC
|
SC2021-0733
|
2021-05-17
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Prohibition
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC001777XXXXSB
|
Parties
| Name |
Ms. Heidi Gersten
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kenneth J. Lowenhaupt
|
|
| Name |
Hon. Joseph Abruzzo
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-01
|
| Type |
Disposition
|
| Subtype |
**DISP-REHEARING
|
| Description |
DISP-REHEARING DY ~ Petitioner's Motion for Rehearing is hereby denied.
|
|
| Docket Date |
2021-06-10
|
| Type |
Motion
|
| Subtype |
Rehearing
|
| Description |
MOTION-REHEARING
|
| On Behalf Of |
Ms. Heidi Gersten
|
| View |
View File
|
|
| Docket Date |
2021-06-10
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER
|
| On Behalf Of |
Ms. Heidi Gersten
|
| View |
View File
|
|
| Docket Date |
2021-05-25
|
| Type |
Motion
|
| Subtype |
Stay (Proceedings Below)
|
| Description |
MOTION-STAY (PROCEEDINGS BELOW) ~ Emergency Stay of Order of Judgement to Remove Tenant and Writ of Possession and All Further Proceedings Pending Appellate Review -- Transferred 5/25/2021 to Fourth District Court of Appeal
|
| On Behalf Of |
Ms. Heidi Gersten
|
| View |
View File
|
|
| Docket Date |
2021-05-19
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid In Full - $300
|
|
| Docket Date |
2021-05-19
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2021-05-17
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
PETITION-PROHIBITION
|
| On Behalf Of |
Ms. Heidi Gersten
|
| View |
View File
|
|
| Docket Date |
2021-05-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-05-25
|
| Type |
Petition
|
| Subtype |
Appendix
|
| Description |
APPENDIX-PETITION ~ Notice of and Defendant Gersten's Verified Disqualification of Judge Marni Bryson (Styled in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida) -- Transferred 5/25/2021 to Fourth District Court of Appeal
|
| On Behalf Of |
Ms. Heidi Gersten
|
| View |
View File
|
|
| Docket Date |
2021-05-25
|
| Type |
Disposition
|
| Subtype |
Tsfr Circ Ct/DCA (Harvard)
|
| Description |
DISP-TSFR CIRC CT/DCA (HARVARD) ~ The petition for writ of prohibition is hereby transferred, pursuant to Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Fourth District Court of Appeal. The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition has been properly denominated as a petition for writ of prohibition. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.Any future pleadings filed regarding this case should be filed in the above mentioned district court at 110 South Tamarind Avenue, West Palm Beach, Florida 33401.
|
|
|
|
LARITA SPENCER and MICHAEL BRACKEN VS MRH PROPERTIES, LLC
|
4D2021-1469
|
2021-04-29
|
Closed
|
|
| Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CC008007
|
Parties
| Name |
Michael Bracken
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Larita Spencer
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kenneth Lowenhaupt
|
|
| Name |
Hon. Reginald Roy Corlew
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-27
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC21-1234
|
|
| Docket Date |
2021-08-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2021-08-26
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
Larita Spencer
|
|
| Docket Date |
2021-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ June 15, 2021 motion for rehearing is denied.
|
|
| Docket Date |
2021-06-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Larita Spencer
|
|
| Docket Date |
2021-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Larita Spencer
|
|
| Docket Date |
2021-06-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-05-10
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Larita Spencer
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2021-04-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-04-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Larita Spencer
|
|
| Docket Date |
2021-06-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ Upon consideration of appellant's May 10, 2021 jurisdictional brief, it is ORDERED that the above-styled appeal is dismissed as untimely filed and for lack of jurisdiction as the order being appealed permits the plaintiff to file an amended complaint, which indicates further judicial labor. Fla. R. App. P. 9.110(b) ("Jurisdiction of the court under this rule shall be invoked by filing a notice ... with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed[.]"); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”).CIKLIN, KUNTZ and ARTAU, JJ., concur.
|
|
|
|
MICHAEL BRACKEN and LAKITA SPENCER VS MRH PROPERTIES, LLC
|
4D2021-1393
|
2021-04-20
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
2020CC008007XXX
|
Parties
| Name |
Michael Bracken
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lakita Spencer
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MRH PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lowenhaupt Sawyers and Spinale
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2021-08-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-08-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-07-08
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case is directed to show cause in writing, if any there be, on or before July 18, 2021, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' 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.
|
|
| Docket Date |
2021-04-29
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-04-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-04-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 lower tribunal 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2021-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Michael Bracken
|
|
| Docket Date |
2021-04-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
