|
PALM BEACH POLO, INC. and PALM BEACH POLO HOLDINGS, INC VS FAR NIENTE STABLES, LLC, et. al.
|
4D2017-2966
|
2017-09-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA000726XXXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Larry Allen Zink
|
|
| Name |
PALM BEACH POLO HOLDINGS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES V, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES I I I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
POLO FIELD ONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WELLINGTON EQUESTRIAN PARTNERS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES I V, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lauren Feffer, Daniel S. Rosenbaum, TATIANA B. YAQUES, Misti Barnett
|
|
| Name |
FAR NIENTE STABLES, I I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALL BEING FLORIDA LIMITED LIABILITY COMPANIES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Joseph George Marx
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-07-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-07-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellees' February 5, 2018 motion for attorney's fees is granted. 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 |
2018-06-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-04-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-04-11
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (512 PAGES)
|
|
| Docket Date |
2018-04-10
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before April 25, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record-on-appeal 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 record-on-appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2018-03-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ TO 3/12/18
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-02-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2018-02-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2018-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 3/5/18.
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2018-01-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-01-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-01-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 1/15/18
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2017-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2017-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 1/0918
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2017-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2017-10-02
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2017-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2017-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-09-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-09-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
|
|
PALM BEACH POLO, INC., ET AL. VS FAR NIENTE STABLES, LLC, ET AL.
|
4D2015-4364
|
2015-11-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2014CA000726XXXXMB
|
Parties
| Name |
PALM BEACH POLO HOLDINGS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Larry Allen Zink
|
|
| Name |
POLO FIELD ONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WELLINGTON EQUESTRIAN LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES V, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES I I I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES, I I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES I V, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cheryl A. Caracuzzo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
TATIANA B. YAQUES, Daniel S. Rosenbaum, LAUREL R. WILEY, ELIZABETH L. HERTZ
|
|
Docket Entries
| Docket Date |
2016-07-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ *SEE SEARCHABLE BRIEF FILED 8/11/16*
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 07/18/16
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-12-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-12-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellees' June 6, 2016 motion for attorneys' fees is granted. On remand, the trial court shall set the amount of the attorneys' 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 |
2016-12-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-08-19
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2016-08-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF **SEARCHABLE**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-08-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **SEARCHABLE**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-07-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-06-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2016-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 03/18/16
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-02-23
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 512 PAGES
|
|
| Docket Date |
2016-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 03/14/16
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-02-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (314 PAGES)
|
|
| Docket Date |
2016-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 02/29/16
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-01-08
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgment Letter
|
|
| Docket Date |
2015-11-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2015-11-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-06-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2016-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 06/08/16
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2016-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 05/09/16
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2016-03-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-03-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ *SEE SEARCHABLE APPENDIX FILED 8/11/16*
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-03-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ *SEE SEARCHABLE BRIEF FILED 8/11/16*
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2015-11-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2015-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
|
