| Docket Date |
2018-10-17
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2018-10-12
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON PAYMENT OF APPEAL INVOICE
|
|
| Docket Date |
2018-10-12
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on October 12, 2018, appellant is ordered to file a report within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2019-10-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-10-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-09-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2019-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the appellee, Hollywood Circle, LLC’s April 17, 2019 motion for attorney's fees is granted conditioned on the trial court determining that appellee 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 |
2019-09-11
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2019-06-28
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on September 10, 2019, at 10:00 A.M. for 10 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2019-06-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2019-06-03
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2019-05-17
|
| 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 appellants’ May 16, 2019 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-05-16
|
| 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 |
EDWIN BEJARANO
|
|
| Docket Date |
2019-04-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
DONALD CAMPEAU
|
|
| Docket Date |
2019-04-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DONALD CAMPEAU
|
|
| Docket Date |
2019-03-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/19/2019
|
|
| Docket Date |
2019-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
DONALD CAMPEAU
|
|
| Docket Date |
2019-03-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2019-02-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2019-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the stipulated motion for substitution of counsel filed February 13, 2019, Elliot B. Kula, William D. Mueller and the law firm of Kula & Associates, P.A. are substituted for Richard A. Morgan, Jennifer Olmedo-Rodriguez, Mark S. Auerbacher and the law firm of Buchanan Ingersoll & Rooney, PC as counsel for appellee, Hollywood Circle, LLC d/b/a Townhouse Apartments in the above-styled cause.
|
|
| Docket Date |
2019-02-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
DONALD CAMPEAU
|
|
| Docket Date |
2019-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ February 6, 2019 motion for extension of time is granted in part, and appellants shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief 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.
|
|
| Docket Date |
2019-02-06
|
| 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 |
EDWIN BEJARANO
|
|
| Docket Date |
2019-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2019-01-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 02/06/2019
|
|
| Docket Date |
2018-12-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee's December 28, 2018 motion to supplement the record is granted, and the record is supplemented to include the material requested in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2018-12-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
DONALD CAMPEAU
|
|
| Docket Date |
2018-12-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
DONALD CAMPEAU
|
|
| Docket Date |
2018-12-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/07/2019
|
|
| Docket Date |
2018-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2018-11-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/08/2018
|
|
| Docket Date |
2018-11-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2018-10-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 627 PAGES (PAGES 1-605)
|
|
| Docket Date |
2018-10-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2018-10-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's September 14, 2018 jurisdictional brief, it is ORDERED that the above-styled appeal shall proceed pursuant to Florida Rule of Appellate Procedure 9.110(k).
|
|
| Docket Date |
2018-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2018-09-14
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2018-09-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2018-09-04
|
| 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 "order on defendant Hollywood Circle's motion for summary judgment as to plaintiffs' FDUTPA claims" is an appealable order, as it only dismisses one of the counts and dismisses the count without prejudice to re-file. See Taddie Underground Utility Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986) (as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); Brooks v. AvMed, Inc., 927 So. 2d 230 (Fla. 2d DCA 2006) ("Because the dismissed counts do not constitute separate and distinct causes of action which are not interdependent with the remaining count of her complaint, this appeal must be dismissed."); Neptune v. Boncroft, 110 So. 3d 537, 538 (Fla. 4th DCA 2013) (orders granting motions to dismiss and affording leave to amend are non-final and non-appealable); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2018-08-31
|
| 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 |
2018-08-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
EDWIN BEJARANO
|
|
| Docket Date |
2018-08-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
