|
Nicholas J. Kostelny and Julianne L. Kostelny, Appellant(s) v. Bluewater Bay Resort, LLC, Thomas Hanks, Europco Mgmt. Co. of America, LLC, and Jerome Zivan, Appellee(s).
|
1D2024-1783
|
2024-07-15
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the First Judicial Circuit, Okaloosa County
2022 CA 1775
|
Parties
| Name |
Nicholas J. Kostelny
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Julianne Kostelny
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BLUEWATER BAY RESORT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joseph Kahlil Herro
|
|
| Name |
Thomas Hanks
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joseph Kahlil Herro
|
|
| Name |
Jerome Zivan
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Leslie Dean Sheekley, Jennifer Gutai Comella
|
|
| Name |
EUROPCO MANAGEMENT CO OF AMERICA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Leslie Dean Sheekley, Jennifer Gutai Comella
|
|
| Name |
Hon. Angela DiChiara Mason
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Okaloosa Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2024-11-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-10-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Second Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Julianne Kostelny
|
|
| Docket Date |
2024-09-18
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted-1587 pages
|
| On Behalf Of |
Okaloosa Clerk
|
|
| Docket Date |
2024-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Julianne Kostelny
|
|
| Docket Date |
2024-07-29
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Julianne Kostelny
|
|
| Docket Date |
2024-07-20
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal, orders attached
cert. serv.
|
| On Behalf Of |
Nicholas J. Kostelny
|
|
| Docket Date |
2024-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal, orders attached
cert. serv., certified
|
| On Behalf Of |
Nicholas J. Kostelny
|
|
| Docket Date |
2024-07-16
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed
|
| View |
View File
|
|
| Docket Date |
2024-07-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal, orders attached
|
| On Behalf Of |
Nicholas J. Kostelny
|
|
| Docket Date |
2024-07-15
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
| Docket Date |
2024-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief - 30 days 1/10/25
|
| On Behalf Of |
Jerome Zivan
|
|
|
|
Nicholas J. Kostelny and Julianne L. Kostelny, Petitioner(s) v. Bluewater Bay Resort, LLC, and Europco Management Co. of America, LLC, Respondent(s).
|
1D2024-0833
|
2024-03-28
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the First Judicial Circuit, Okaloosa County
2015 CA 003417F
|
Parties
| Name |
Nicholas J. Kostelny
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Julianne L. Kostelny
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
EUROPCO MANAGEMENT CO OF AMERICA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Leslie Dean Sheekley, Jennifer Gutai Comella
|
|
| Name |
BLUEWATER BAY RESORT, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Leslie Dean Sheekley, Jennifer Gutai Comella
|
|
| Name |
Hon. James Ward, II
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Okaloosa Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion for clarification, or for reconsideration and/or rehearing en banc
|
| On Behalf Of |
Julianne L. Kostelny
|
|
| Docket Date |
2024-08-13
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
Order Reclassifying Case
|
| View |
View File
|
|
| Docket Date |
2024-08-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-06-25
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition - treated as a response
|
| On Behalf Of |
Nicholas J. Kostelny
|
|
| Docket Date |
2024-06-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Petition (Part 2)
|
| On Behalf Of |
Julianne L. Kostelny
|
|
| Docket Date |
2024-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Nicholas J. Kostelny
|
|
| Docket Date |
2024-04-30
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause
|
| View |
View File
|
|
| Docket Date |
2024-04-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-04-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Julianne L. Kostelny
|
|
| Docket Date |
2024-04-22
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
| Docket Date |
2024-04-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Julianne L. Kostelny
|
|
| Docket Date |
2024-04-08
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Julianne L. Kostelny
|
|
| Docket Date |
2024-04-05
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal-cert. of service
|
| On Behalf Of |
Julianne L. Kostelny
|
|
| Docket Date |
2024-03-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal-order appealed attached.
|
| On Behalf Of |
Julianne L. Kostelny
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Order on Motion For Clarification
|
| View |
View File
|
|
|
|
Nicholas J. Kostelny and Julianne L. Kostelny VS Bluewater Bay Resort, LLC, Thomas Hanks, Europco Mgmt. Co. of America, LLC, and Jerome Zivan
|
1D2022-3871
|
2022-12-02
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the First Judicial Circuit, Okaloosa County
2022 CA 1755
|
Parties
| Name |
Nicholas J. Kostelny
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Julianne Kostelny
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Thomas Hanks
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLUEWATER BAY RESORT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kristi N. Davisson
|
|
| Name |
Jerome Zivan
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Leslie D. Sheekley, Jennifer Gutai Comella
|
|
| Name |
EUROPCO MANAGEMENT CO OF AMERICA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John T. Brown
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. J. D. Peacock II
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ certified
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2022-12-05
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Attorney Addresses in Cert of Serv (Appeal) ~ Upon the Court's own motion, appellant is ordered to file with this court, within 10 days from the date of this order, an amended notice of appeal which contains a certificate of service reflecting the names and physical mailing addresses of all parties and attorneys served. See Florida Rule of Appellate Procedure 9.420(c) and Florida Rules of General Practice and Judicial Administration 2.516(f). Failure of appellant to timely comply with this order could result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
| View |
View File
|
|
| Docket Date |
2022-12-12
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2022-12-21
|
| Type |
Order
|
| Subtype |
Order Directing Service of Filing
|
| Description |
AA/PT Serve Copy/File Supp Cert of Svc 10 days ~ Appellant is directed to serve a copy of the response docketed December 16, 2022, on Kristi N. Davisson, Esq., and to file a supplemental certificate of service within 10 days of this order which demonstrates that service. The failure of Appellant to timely comply with this order will result in striking of the response, as authorized by Florida Rule of Appellate Procedure 9.410(a).
|
| View |
View File
|
|
| Docket Date |
2022-12-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ amended
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2023-09-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Order on Motion For Clarification
|
| View |
View File
|
|
| Docket Date |
2023-02-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ and/or rehearing
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2023-02-10
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ for payment of LT filing fee
|
| On Behalf Of |
Hon. John T. Brown
|
| View |
View File
|
|
| Docket Date |
2022-12-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to 12/07 order
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2022-12-08
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ of non-payment of lower tribunal filing fee of $100.00
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2022-12-07
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
Non-Appealable Civil Order (Rule 9.130)
|
| View |
View File
|
|
| Docket Date |
2022-12-05
|
| Type |
Letter
|
| Subtype |
Lower Tribunal/Acknowledgement letter
|
| Description |
Lower Tribunal Action / Acknowledgement letter ~ Notice of Appeal in this lower tribunal action, filed in this court on December 2, 2022, and in the lower tribunal on
|
| View |
View File
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ cert. serv.
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2022-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Orders appealed attached. Filing fee paid.
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2022-12-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
Nicholas J. Kostelny and Julianne L. Kostelny v. Bluewater Bay Resort, LLC, and Europco Management Co. of America, LLC
|
1D2021-0714
|
2021-03-10
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the First Judicial Circuit, Okaloosa County
2015 CA 003417 F
|
Parties
| Name |
Nicholas J. Kostelny
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Julianne Kostelny
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EUROPCO MANAGEMENT CO OF AMERICA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLUEWATER BAY RESORT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Leslie D. Sheekley, Jennifer Gutai Comella
|
|
| Name |
Hon. John T. Brown
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. J. D. Peacock II
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-14
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2023-06-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-05-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed
361 So. 3d 438
|
| View |
View File
|
|
| Docket Date |
2022-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
OA Denied ~ Appellant's motion for oral argument docketed July 29, 2022, is denied.
|
| View |
View File
|
|
| Docket Date |
2021-12-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Bluewater Bay Resort, LLC
|
| View |
View File
|
|
| Docket Date |
2021-12-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB 15 days 12/18/21
|
|
| Docket Date |
2021-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 15 Days - AB
|
| On Behalf Of |
Bluewater Bay Resort, LLC
|
| View |
View File
|
|
| Docket Date |
2021-10-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB 35 days 12/3/21
|
|
| Docket Date |
2021-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 35 Days - AB
|
| On Behalf Of |
Bluewater Bay Resort, LLC
|
| View |
View File
|
|
| Docket Date |
2021-09-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-09-28
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
Supplemental/Amended Appendix ~ Amended appendix part 3
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-09-20
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
Supplemental/Amended Appendix ~ second amended
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-09-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order ~ The Court grants Appellants' motion for leave to amend appendix, filed July 29, 2021. Appellants may file an amended appendix on or before September 29, 2021.
|
| View |
View File
|
|
| Docket Date |
2021-08-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order Denying ~ Upon consideration of the status report filed August 4, 2021, the Court denies Appellants' request to remand the matter to the trial court for an evidentiary hearing. Appellants shall serve the initial brief on or before September 29, 2021.
|
| View |
View File
|
|
| Docket Date |
2021-08-04
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
Supplemental/Amended Appendix ~ Appendix 3
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-08-04
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ (duplicate w/o attachment)
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-07-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-07-29
|
| Type |
Motions Other
|
| Subtype |
Motion to Amend (other than brief)
|
| Description |
Motion for Leave to Amend ~ appendix
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Deny Initial Brief Ext ~ Appellants' motion for extension of time, docketed May 24, 2021, is denied as moot in light of the Court's order of May 28, 2021, relinquishing jurisdiction to the lower tribunal. After Appellants file a status report at the end of the relinquishment period as directed by the order of May 28, 2021, this Court will set a deadline for the initial brief.
|
| View |
View File
|
|
| Docket Date |
2021-05-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Grant Mot Rel Jur to LT for Spec Reason ~ Appellants having failed to respond to the order to show cause of April 14, 2021, this appeal is hereby redesignated as an appeal from a non-final order pursuant to Florida Rule of Appellate Procedure 9.130(a)(5). The initial brief shall be accompanied by an appendix in accordance with Florida Rule of Appellate Procedure 9.220. The clerk of the lower tribunal shall not prepare a record.Appellants' motion to relinquish jurisdiction, filed May 7, 2021, is granted. Jurisdiction is hereby relinquished to the lower tribunal for a period of 60 days from the date of this order for the purpose of obtaining a ruling on Appellants' motion for rehearing. Within 7 days after the end of the relinquishment period, Appellants shall file a status report in this Court, attaching a copy of the motion for rehearing and any lower tribunal ruling on the motion.
|
| View |
View File
|
|
| Docket Date |
2021-05-24
|
| 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 |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-05-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-04-14
|
| Type |
Order
|
| Subtype |
Show Cause re Case Classification
|
| Description |
SC Why Appl Shld not be Treated as Non-Final ~ On the Court's own motion, within 10 days of the date of this order, Appellants shall show cause why this appeal should not be redesignated as an appeal from a non-final order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(5), which provides for appeals from non-final "[o]rders entered on an authorized and timely motion for relief from judgment." This order tolls the time for preparation and filing of the record and the filing of the briefs until the jurisdictional issue raised by this order is resolved by the Court.
|
| View |
View File
|
|
| Docket Date |
2021-04-12
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Part 2
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Grant Initial Brief Extension ~ Appellant's motion docketed March 31, 2021, for extension of time for service of the initial brief is granted. Appellant's brief shall be served on or before May 31, 2021.
|
| View |
View File
|
|
| Docket Date |
2021-03-31
|
| 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 |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-03-29
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-03-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ certificate of service
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-03-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
| View |
View File
|
|
| Docket Date |
2021-03-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of March 7, 2021.
|
| View |
View File
|
|
| Docket Date |
2021-03-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ order appealed attached; deny amended motion
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
|
|
Nicholas J. Kostelny and Julianne Kostelny, Appellant(s) v. Europco Management Co of America, LLC, Bluewater Bay Resort, LLC, Appellee(s).
|
1D2021-0713
|
2021-03-10
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the First Judicial Circuit, Okaloosa County
2015 CA 003417 F
|
Parties
| Name |
Nicholas J. Kostelny
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Julianne Kostelny
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EUROPCO MANAGEMENT CO OF AMERICA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLUEWATER BAY RESORT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Leslie D. Sheekley, Jennifer Gutai Comella
|
|
| Name |
Hon. John T. Brown
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. J. D. Peacock II
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Order on Motion for Rehearing and Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2023-06-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc, Motion for Clarification, and Request for Certification of Questions
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2023-05-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed
386 So. 3d 216
|
| View |
View File
|
|
| Docket Date |
2022-03-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2022-02-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Bluewater Bay Resort, LLC
|
| View |
View File
|
|
| Docket Date |
2022-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Answer Brief Grant w/Warning-AO Applies ~ The Court grants Appellees' motion for extension of time filed January 31, 2022. Appellees shall serve the answer brief on or before February 14, 2022. The Court will not grant further extensions absent a showing of bona fide emergency. If Appellees fail to serve the answer brief within the time allowed by this order, the Court may submit the case for review on the merits without consideration of an answer brief.
|
| View |
View File
|
|
| Docket Date |
2022-02-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to AE's motion for eot
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2022-02-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Deny Motion (Other) ~ The Court denies Appellants' "motion for show cause order," filed January 31, 2022. See Fla. R. App. P. 9.300(a) ("With the exception of motions filed pursuant to rule 9.410(b), a party may serve 1 response to a motion within 15 days of service of the motion.").
|
| View |
View File
|
|
| Docket Date |
2022-01-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ why AE's Motion for EOT to file AB, filed on 1/31/22, should not be granted.
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2022-01-31
|
| 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 |
Bluewater Bay Resort, LLC
|
| View |
View File
|
|
| Docket Date |
2022-01-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-12-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB 30 days 1/3/22
|
|
| Docket Date |
2021-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ THIRD NOTICE 30 days- IB
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-11-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Deny Motion (Other) ~ In light of the status report docketed September 21, 2021, this appeal shall proceed. To the extent Appellants seek relief in the status report, the request is denied. Within thirty days of the date of this order, Appellants shall file the initial brief.
|
| View |
View File
|
|
| Docket Date |
2021-09-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Part 3
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-09-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ with l/t order attached
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-07-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Grant Mot Rel Jur to LT for Spec Reason ~ Upon consideration of Appellants' response dated June 17, 2021, the Court discharges its May 28, 2021, show cause order. The Court redesignates the appeal as nonfinal. See Fla. R. App. P. 9.130(a)(5).The Court grants Appellants' motion to relinquish jurisdiction, filed June 17, 2021. Jurisdiction is hereby relinquished to the lower tribunal for a period of 60 days from the date of this order for the purpose of obtaining a ruling on Appellants' motion for rehearing. Within seven days after the end of the relinquishment period, Appellants shall file a status report in this Court, attaching a copy of the motion for rehearing and any lower tribunal ruling on the motion.The Court denies as moot Appellants' motion for extension of time, filed June 30, 2021.
|
| View |
View File
|
|
| Docket Date |
2021-06-30
|
| 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 |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Grant Initial Brief Extension ~ Appellant's motion docketed May 24, 2021, for extension of time for service of the initial brief is granted. Appellant's brief shall be served on or before June 30, 2021.
|
| View |
View File
|
|
| Docket Date |
2021-06-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ *AMENDED*
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-06-25
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ Exhibit A to response
|
| On Behalf Of |
Bluewater Bay Resort, LLC
|
| View |
View File
|
|
| Docket Date |
2021-06-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ response to Motion for temporary relinquishment of jurisdiction
|
| On Behalf Of |
Bluewater Bay Resort, LLC
|
| View |
View File
|
|
| Docket Date |
2021-06-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ Motion for temporary relinquishment of jurisdiction
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-05-28
|
| Type |
Order
|
| Subtype |
Show Cause re Case Classification
|
| Description |
SC Why Appl Shld not be Treated as Non-Final ~ DISCHARGED 7/21 On the Court's own motion, within 10 days of the date of this order, Appellants shall show cause why this appeal should not be redesignated as an appeal from a non-final order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(5), which provides for appeals from non-final "[o]rders entered on an authorized and timely motion for relief from judgment." This order tolls the time for preparation and filing of the record and the filing of the briefs until the jurisdictional issue raised by this order is resolved by the Court.
|
| View |
View File
|
|
| Docket Date |
2021-05-24
|
| 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 |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Part 2
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Grant Initial Brief Extension ~ Appellant's motion docketed March 31, 2021, for extension of time for service of the initial brief is granted. Appellant's brief shall be served on or before May 31, 2021.
|
| View |
View File
|
|
| Docket Date |
2021-03-31
|
| 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 |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-03-29
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-03-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| View |
View File
|
|
| Docket Date |
2021-03-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ certificate of service
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-03-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
| View |
View File
|
|
| Docket Date |
2021-03-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of March 7, 2021.
|
| View |
View File
|
|
| Docket Date |
2021-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ order appealed attached; deny 2nd amended motion
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-03-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
Nicholas J. Kostelny and Julianne L. Kostelny, Husband and Wife VS Bluewater Bay Resort, LLC, a Florida Limited Liability Company, and Europco Management Company of America, LLC, a Florida Limited Liability Company
|
1D2021-0426
|
2021-02-09
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the First Judicial Circuit, Okaloosa County
2015 CA 003417 F
|
Parties
| Name |
Julianne Kostelny
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Nicholas J. Kostelny
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BLUEWATER BAY RESORT, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Hon. Jim Ward, Leslie D. Sheekley, Hon. John T. Brown, Jennifer Gutai Comella
|
|
| Name |
EUROPCO MANAGEMENT CO OF AMERICA, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order ~ Within 30 days of the date of this order, Petitioners shall file an appendix that contains lower tribunal documents in support of the petition for writ of prohibition.Failure to comply with this order within the time allowed may result in sanctions, including dismissal of this cause without further opportunity to be heard. Fla. R. App. P. 9.410.
|
| View |
View File
|
|
| Docket Date |
2021-07-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
OA Denied ~
|
| View |
View File
|
|
| Docket Date |
2021-06-16
|
| Type |
Disposition
|
| Subtype |
Denied by Order or Opinion
|
| Description |
Denied - PC Denied
|
| View |
View File
|
|
| Docket Date |
2021-04-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-04-12
|
| Type |
Petition
|
| Subtype |
Amended Petition
|
| Description |
Amended Petition
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
Supplemental/Amended Appendix ~ Part I
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-03-29
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-03-24
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Bluewater Bay Resort, LLC
|
| View |
View File
|
|
| Docket Date |
2021-03-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order ~ The petition for writ of prohibition does not contain citations to the appendices docketed March 8, 2021. In accordance with Florida Rule of Appellate Procedure 9.100(g), Petitioners shall file an amended petition curing the deficiency on or before April 12, 2021.
|
| View |
View File
|
|
| Docket Date |
2021-03-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ Part Two - To Petition for Writ of Prohibition
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-02-15
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Julianne Kostelny
|
| View |
View File
|
|
| Docket Date |
2021-02-10
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Attorney Addresses in Cert of Serv (Pet) ~ Upon the Court's own motion, petitioner is ordered to file with this court, within 10 days from the date of this order, a supplemental certificate of service reflecting the names and physical mailing addresses of all parties and attorneys served the petition. See Florida Rule of Appellate Procedure 9.420(c); Florida Rule of Judicial Administration 2.516(f). Failure of petitioner to timely comply with this order could result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
| View |
View File
|
|
| Docket Date |
2021-02-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgement letter ~ Petition/Application for Writ of Prohibition filed in this Court on February 9, 2021.
|
| View |
View File
|
|
| Docket Date |
2021-02-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-02-09
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
Nicholas J. Kostelny
|
| View |
View File
|
|
|
