|
EVOLUTION, THE SALON SOURCE INC., et al. VS JEFFREY EVAN COHEN, et al.
|
4D2022-1017
|
2022-04-12
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA006688XXXXMB
|
Parties
| Name |
TRU STAR SALON SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EVOLUTION THE SALON SOURCE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Carlos Osorio, Andres Rey, Adam Balkan, Mark Gilwit, Michael H. Maizes, Warren Daniel Zaffuto
|
|
| Name |
TruStar Salon Services LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SOUTHERN STAR SALON SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J&H REALTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ABC Corp #10
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ABC Corp #1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
B.C., a minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NONAD LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jeffrey Evan Cohen
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Katherine Marie Clemente, Jeffrey Allan Hirsch, Paul B. Ranis, Brigid Finerty Cech Samole, John L. McManus, Sabrina Niewialkouski
|
|
| Name |
Tracy Cohen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SELPAN LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MUAB, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Goldwell of South Florida, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TREBOR REALTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Peter Baum
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Steven Cooper
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STARS CREATIONS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
1590 NW 27TH AVE ASSOCIATES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KERATIN HOLDINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J.C., a minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Robert Lederkramer
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Donna Varela
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DARBLY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
John Doe #1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Ira Cohen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COLORDESIGN USA LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STARZ HOLDINGS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jane Doe #10
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Marilyn Baum
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Paige Hardy Gillman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-01-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-09-14
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's September 7, 2022 motion for extension of time is granted, and appellant shall serve the reply brief on or before September 14, 2022. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-09-07
|
| 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 |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-08-25
|
| 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 August 24, 2022 motion for extension of time is granted, and appellant shall serve the reply brief on or before September 7, 2022. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2022-08-24
|
| 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 |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-07-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-06-28
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ (AMENDED AS TO CASE NUMBER)
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-06-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 15, 2022 motion for extension of time is granted. The initial brief was filed with this court on June 23, 2022. Further, ORDERED that appellants' appendix to the initial 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 completely text searchable, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). 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 |
2022-06-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-06-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-06-15
|
| 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 |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant Evolution, The Salon Source Inc.'s May 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before June 16, 2022. In addition, if the initial brief and appendix are 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 |
2022-05-25
|
| 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 |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-05-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that, upon consideration of appellant's April 25, 2022 jurisdictional brief, the above-styled appeal is dismissed in part as to the March 14, 2022 order granting the motion to dismiss third amended complaint. See Fla. R. App. P. 9.110(k); Knott v. Genung, 310 So. 3d 990 (Fla. 2d DCA 2020). This appeal shall proceed from the March 21, 2022 order denying the motion for appointment of receiver. Fla. R. App. P. 9.130(a)(3)(D).CONNER, C.J., DAMOORGIAN and CIKLIN, JJ., concur.
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ April 25, 2022 corrected motion for extension of time is granted, and appellants shall serve the initial brief and appendix on or before May 26, 2022. In addition, if the initial brief and appendix are 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 |
2022-04-25
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-04-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ CORRECTED
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ April 22, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-04-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-04-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2022-04-14
|
| 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, appellants 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. Appellants shall specifically address how the March 14, 2022 order is an appealable final or nonfinal order, as it appears the order dismisses Counts I, II, III, IV, VIII, and XIII with prejudice, but provides leave to amend Counts V, VI, VII, IX, X, XI, XII, and XIV. See Neptune v. Boncroft, 110 So. 3d 537, 538 (Fla. 4th DCA 2013) (holding an order granting a motion to dismiss which provides leave to amend is a non-appealable non-final order); Mendez v. W. Flagler Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-04-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-04-13
|
| 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 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 that 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 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 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-04-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
|
|
EVOLUTION, THE SALON SOURCE INC., Individually, et al. VS JEFFREY EVAN COHEN, et al.
|
4D2021-3289
|
2021-11-18
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA006688XXXXMB
|
Parties
| Name |
TRU STAR SALON SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EVOLUTION THE SALON SOURCE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Adam Balkan, Carlos Osorio, Warren Daniel Zaffuto, Andres Rey
|
|
| Name |
TruStar Salon Services LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Steven Cooper
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Donna Varela
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mountain Star Salon Services LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ABC Corp #1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
385 Oser Avenue Associates, L.L.C.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STARZ HOLDINGS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Louis Caravella
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Nova Star Salon Services LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
B.C., a minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Michael Sudaley
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mid-Atlantic Stars, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SOUTHERN STAR SALON SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Astoria Salon Associates LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ABC Corp #10
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STARS CREATIONS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Four Star Salon Services, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Symbiotic Salon Systems LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Marilyn Baum
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Robert Lederkramer
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Ira Cohen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Rising Star Salon Services LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Tracy Cohen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J.C., a minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
XELA,LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jeffrey Evan Cohen
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brigid Finerty Cech Samole, Paul B. Ranis, Sabrina Niewialkouski, Jeffrey Allan Hirsch, John L. McManus
|
|
| Name |
Kevin Mills
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J&H REALTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COLORDESIGN USA LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Southern Pine Realty LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KERATIN HOLDINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NONAD LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
1590 NW 27TH AVE ASSOCIATES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jane Doe #10
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Goldwell of South Florida, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DARBLY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Alex Cohen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Western Star Salon Services LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Midway Star Salon Services LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Peter Baum
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TREBOR REALTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LR 1 LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
John Doe #1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SELPAN LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
North Star Salon Services, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MUAB, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LR 1 SS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey Dana Gillen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-12-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that the appeal filed under 4D21-3289 is dismissed for lack of jurisdiction. Zuppardo v. J.H. Invs., Inc., 300 So. 3d 775 (Fla. 2d DCA 2020); Thomas v. Hosp. Bd. of Dirs. of Lee Cnty., 41 So. 3d 246, 256 (Fla. 2d DCA 2010); Traveler v. Steiner Transocean Ltd., 895 So. 2d 1191, 1192 (Fla. 3d DCA 2005). Further, ORDERED that appellant’s November 30, 2021 request for extension of time to file initial brief in 4D21-3195 is granted, and appellant shall serve the initial brief on or before January 12th, 2022. Further, 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. Further, ORDERED that appellant's motion to consolidate is rendered moot by this court's dismissal of 4D21-3289. Further, ORDERED that this court’s November 30, 2021 order to show cause is discharged.DAMOORGIAN, KUNTZ and ARTAU, JJ., concur.
|
|
| Docket Date |
2021-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S RESPONSE TO THE COURT'S ORDERS TO SHOW CAUSE
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2021-12-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2021-12-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ RE: CONSOLIDATION
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2021-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2021-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2021-11-30
|
| 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, appellants 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. Appellants shall specifically address how the November 8, 2021 order is an appealable nonfinal order, as it appears to deny a motion for leave to amend a pleading. See Zuppardo v. J.H. Invs., Inc., 300 So. 3d 775 (Fla. 2d DCA 2020) (holding that an order denying a motion for leave to amend a pleading is a nonappealable, nonfinal order). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-11-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2021-11-19
|
| 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 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 that 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 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 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2021-11-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
EVOLUTION, THE SALON SOURCE INC., et al. VS JEFFREY EVAN COHEN, et al.
|
4D2021-3195
|
2021-11-09
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA006688
|
Parties
| Name |
TruStar Salon Services LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TRU STAR SALON SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MUAB, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SELPAN LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Goldwell of South Florida, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J&H REALTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Peter Baum
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Rising Star Salon Services LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Symbiotic Salon Systems LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Steven Cooper
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Marilyn Baum
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Nova Star Salon Services LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Astoria Salon Associates LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Western Star Salon Services LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KERATIN HOLDINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jane Doe #10
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LR 1 SS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
1590 NW 27TH AVE ASSOCIATES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
North Star Salon Services, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ABC Corp #1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SOUTHERN STAR SALON SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Ira Cohen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Louis Caravella
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
385 Oser Avenue Associates, L.L.C.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Tracy Cohen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J.C., a minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Alex Cohen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Robert Lederkramer
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Four Star Salon Services, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mountain Star Store, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Midway Star Salon Services LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mid-Atlantic Stars, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Southern Pine Realty LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
B.C., a minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
XELA,LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DARBLY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mountain Star Salon Services LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kevin Mills
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STARZ HOLDINGS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ABC Corp #10
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
John Doe #1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LR 1 LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Michael Sudaley
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NONAD LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COLORDESIGN USA LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Donna Varela
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STARS CREATIONS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TREBOR REALTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Paige Hardy Gillman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
EVOLUTION THE SALON SOURCE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Adam Balkan, Michael H. Maizes, Carlos Osorio, Andres Rey, Mark Gilwit, Warren Daniel Zaffuto
|
|
| Name |
Jeffrey Evan Cohen
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christopher W. Lee, Brigid Finerty Cech Samole, Paul B. Ranis, Kenneth Murena, Jeffrey Allan Hirsch, Carlos Osorio, Katherine Marie Clemente, John L. McManus
|
|
Docket Entries
| Docket Date |
2022-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' March 1, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before April 11, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-03-01
|
| 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 |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-02-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ **CORRECTED**
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-02-24
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellants’ February 23, 2022 motion for leave to file corrected appendix is granted. Said corrected appendix is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-02-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-09-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-09-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-09-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that appellants’ June 10, 2022 request for oral argument is denied.
|
|
| Docket Date |
2022-06-28
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion To File Enlarged Brief
|
| Description |
Order Denying Enlarged Brief ~ ORDERED that the appellants’ May 25, 2022 motion to file enlarged brief is denied, and the proposed reply brief is stricken from the docket. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order.
|
|
| Docket Date |
2022-06-10
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-05-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ ***STRICKEN FROM THE DOCKET******PROPOSED***
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-05-25
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-05-12
|
| 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 11, 2022 motion for extension of time is granted, and appellants shall serve the reply brief on or before May 25, 2022. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2022-05-11
|
| 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 |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-04-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-02-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-02-11
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-02-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 2/14/22***
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that appellees’ January 24, 2022 motion to strike is granted, and appellant’s initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it improperly argues the issue of leave to amend the complaint and relies on material filed after rendition of the order on appeal. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief. Further, ORDERED that appellant’s January 19, 2022 appendix is stricken. See Fla. R. App. P. 9.220(a).
|
|
| Docket Date |
2022-01-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STRIKE
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-01-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-01-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants’ appendix to the initial 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 contains bookmarks which are not in compliance with Rule 9.220(c)(3). 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 |
2022-01-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ ***STRICKEN 2/1/22***
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-01-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ ***STRICKEN 1/19/22***
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-01-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants’ appendix to the initial 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 contains bookmarks which are not in compliance with Rule 9.220(c)(3). 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 |
2022-01-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ ***STRICKEN 2/1/22***
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2022-01-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN --1/14/22***
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2021-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO CONSOLIDATE RELATED APPEALS
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2021-12-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2021-12-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ FIELD IN 21-3289
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2021-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2021-11-30
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ***Discharged***ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before December 10, 2021, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2021-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2021-11-12
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Jeffrey Evan Cohen
|
|
| Docket Date |
2021-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Evolution, The Salon Source Inc.
|
|
| Docket Date |
2021-11-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant Evolution, The Salon Source Inc.'s February 16, 2022 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants’ appendix to the amended initial 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 completely text searchable. 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 |
2021-12-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that the appeal filed under 4D21-3289 is dismissed for lack of jurisdiction. Zuppardo v. J.H. Invs., Inc., 300 So. 3d 775 (Fla. 2d DCA 2020); Thomas v. Hosp. Bd. of Dirs. of Lee Cnty., 41 So. 3d 246, 256 (Fla. 2d DCA 2010); Traveler v. Steiner Transocean Ltd., 895 So. 2d 1191, 1192 (Fla. 3d DCA 2005). Further, ORDERED that appellant’s November 30, 2021 request for extension of time to file initial brief in 4D21-3195 is granted, and appellant shall serve the initial brief on or before January 12th, 2022. Further, 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. Further, ORDERED that appellant's motion to consolidate is rendered moot by this court's dismissal of 4D21-3289. Further, ORDERED that this court’s November 30, 2021 order to show cause is discharged.DAMOORGIAN, KUNTZ and ARTAU, JJ., concur.
|
|
| Docket Date |
2021-11-09
|
| 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 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 that 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 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 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 lower tribunal clerk's determination of indigent status is filed.
|
|
|
