|
JOSHUA ENNIO ZANDER BERNSTEIN, et al. VS WALTER E. SAHM and PATRICIA SAHM, et al.
|
4D2022-0262
|
2022-01-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA002317
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Joshua Ennio Zander Bernstein
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Leslie Ann Ferderigos
|
|
| Name |
Daniel Elijsha Abe Ottomo Bernstein
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Jacob Noah Archie Bernstein
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Patricia Sahm
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BERNSTEIN FAMILY REALTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
All Unknown Tenants
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Walter E. Sahm
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert A. Sweetapple
|
|
| Name |
ELIOT IVAN BERNSTEIN *P*
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2022-10-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before October 17, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-10-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1598 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-09-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the notice filed by the clerk of the lower tribunal on August 16, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2022-09-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **TREATED AS A MOTION FOR EOT**
|
| On Behalf Of |
Joshua Ennio Zander Bernstein
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that Leslie Ferderigos, Esq. is directed to respond, within ten (10) days from the date of this order, to appellant’s August 25, 2022 response.
|
|
| Docket Date |
2022-08-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Daniel Elijsha Abe Ottomo Bernstein
|
|
| Docket Date |
2022-08-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before August 25, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-08-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TOTRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ **22-264 HAS BEEN DISMISSED** ORDERED that the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-262. Further, ORDERED that the stay entered on January 26, 2022, is lifted and the above-styled appeal shall proceed. Further, ORDERED that the appellants shall serve the initial brief within twenty (20) 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.
|
|
| Docket Date |
2022-06-29
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-262 and 4D22-264 should not be consolidated for all purposes.
|
|
| Docket Date |
2022-06-14
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within five (5) days from the date of this order, to this court’s May 25, 2022 order.
|
|
| Docket Date |
2022-05-25
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the status of the pending motion in the trial court.
|
|
| Docket Date |
2022-03-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellant's March 4, 2022 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2022-03-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Joshua Ennio Zander Bernstein
|
|
| Docket Date |
2022-03-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Joshua Ennio Zander Bernstein
|
|
| Docket Date |
2022-02-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED** ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2022-02-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ **REINSTATED**
|
|
| Docket Date |
2022-01-26
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2022-01-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Joshua Ennio Zander Bernstein
|
|
| Docket Date |
2022-01-25
|
| 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 |
2022-01-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
ELIOT I. BERNSTEIN VS WALTER E. SAHM and PATRICIA SAHM, et al.
|
4D2022-0264
|
2022-01-25
|
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
502018CA002317
|
Parties
| Name |
ELIOT IVAN BERNSTEIN *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
All Unknown Tenants
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Walter E. Sahm
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert A. Sweetapple
|
|
| Name |
BERNSTEIN FAMILY REALTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Patricia Sahm
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TOTRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-08-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ According to this court's August 23, 2017 order in case number 4D17-1932, "[t]he Clerk of this Court is directed to no longer accept any paper filed by Eliot Ivan Bernstein unless the document has been reviewed and signed by a member in good standing of the Florida Bar who certifies that a good faith basis exists for each claim presented." Therefore, it is ORDERED that this case is dismissed as appellant is prohibited from pro se filings in this court.GROSS, CIKLIN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2022-08-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-07-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED that the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-262. Further, ORDERED that the stay entered on January 26, 2022, is lifted and the above–styled appeal shall proceed. Further, ORDERED that the appellants shall serve the initial brief within twenty (20) 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.
|
|
| Docket Date |
2022-06-29
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-262 and 4D22-264 should not be consolidated for all purposes.
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellant, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2022-05-23
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties from the date of this order shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above–styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2022-05-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within five (5) days from the date of this order, to this court’s April 19, 2022 order.
|
|
| Docket Date |
2022-04-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made toward the disposition of appellant's pending motion in the trial court.
|
|
| Docket Date |
2022-03-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
|
| Docket Date |
2022-03-03
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made toward the disposition of appellant's pending motion in the trial court.
|
|
| Docket Date |
2022-01-26
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2022-01-25
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE.
|
|
| Docket Date |
2022-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2022-01-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
ELIOT IVAN BERNSTEIN VS WILLIAM E. STANSBURY, et al.
|
4D2016-4120
|
2016-12-06
|
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
502012CA013933XXXXMB
|
Parties
| Name |
ELIOT IVAN BERNSTEIN *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SHIRLEY BERNSTEIN TRUST AGREEMENT dated MAY 20, 2008
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BERNSTEIN FAMILY REALTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ARBITRAGE INTERNATIONAL HOLDINGS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ARBITRAGE INTERNATIONAL MANAGEMENT LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DONALD R. TESCHER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM E. STANSBURY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alan Benjamin Rose, Steven A. Lessne, Peter Marshall Feaman
|
|
| Name |
ROBERT LOUIS SPALLINA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CANDICE BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF SIMON L. BERNSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LIC HOLDINGS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TED BERNSTEIN, AS TRUSTEE
|
| 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
|
|
Docket Entries
| Docket Date |
2016-12-20
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO APPELLANT'S STATEMENT OF JURISDICTION
|
| On Behalf Of |
WILLIAM E. STANSBURY
|
|
| Docket Date |
2016-12-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S STATEMENT OF JURISDICTION *AND* REQUEST THAT THIS APPEAL BE DISMISSED FOR LACK OF JURISDICTION AND STANDING
|
| On Behalf Of |
WILLIAM E. STANSBURY
|
|
| Docket Date |
2016-12-19
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
|
| Docket Date |
2016-12-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-12-07
|
| 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 agreed order on defendant, Estate of Simon L. Bernstein's, motion to alter or amend style of the case is an appealable order; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2016-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ELIOT IVAN BERNSTEIN *P*
|
|
| Docket Date |
2016-12-06
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2017-03-06
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC17-361
|
|
| Docket Date |
2017-03-03
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
|
| Docket Date |
2017-03-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2017-01-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ Upon consideration of appellee’s January 23, 2017 response, it is ORDERED that appellant’s January 20, 2017 “motion for rehearing and clarification under Rule 9.330 and reinstating the appeal” is denied.
|
|
| Docket Date |
2017-01-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING AND CLARIFICATION
|
| On Behalf Of |
WILLIAM E. STANSBURY
|
|
| Docket Date |
2017-01-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ *AND* CLARIFICATION *AND* REINSTATE APPEAL
|
|
| Docket Date |
2017-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellant's December 27, 2016 "motion for permission to file a sur reply to Alan Rose's response objections allegedly on behalf of the Estate of Simon Bernstein" is denied.
|
|
| Docket Date |
2017-01-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s December 19, 2016 jurisdictional brief and appellee’s December 20, 2016 response, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction.MAY, GERBER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2017-01-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-12-27
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply ~ FOR PERMISSION TO FILE A SUR REPLY TO ALAN ROSE'S RESPONSE, ETC.
|
|
|
|
ELIOT IVAN BERNSTEIN VS WILLIAM E. STANSBURY, et al.
|
4D2016-3162
|
2016-09-16
|
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
502012CA013933XXXXMB
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Parties
| Name |
ELIOT IVAN BERNSTEIN *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BERNSTEIN FAMILY REALTY LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM E. STANSBURY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter Marshall Feaman, Alan Benjamin Rose, Brian M. O'Connell, Steven A. Lessne
|
|
| Name |
JANET CRAIG
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OPPENHEIMER TRUST CO. OF DELAWARE
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF SIMON BERNSTEIN
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2016-11-01
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| Type |
Order
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| Subtype |
Order on Miscellaneous Motion
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| Description |
Grant Miscellaneous Motion ~ ORDERED that Eliot Bernstein’s October 31, 2016 motion for disclosure from court as to judges’ names to be disclosed for every order in each case listed herein is granted in part and denied in part. Mr. Bernstein is advised that pursuant to Section 3.11 of this Court’s Manual of Internal Operating Procedures, “The Clerk shall issue unpublished orders of the Court under his or her signature unless otherwise directed by the judge or judges who approved the order. The Court may, at its discretion, include in any order the names of the panel members who approved the issuance of the order.” The Clerk’s signature appears on all orders issued by this Court, and, in the case of dispositive motions endorsed by a three-judge panel, the three-judge panel who authorized the order is listed. Finally, Mr. Bernstein is advised that as to this Court’s October 27, 2016 order in Case No. 16-3162, the Court sua sponte recognized a potential conflict immediately after the order issued, and the case was sent to a different member of the Court for consideration. After a different member of the Court considered the case, the amended order as to the panel was issued; further, ORDERED, to the extent Mr. Bernstein requests that all orders sent to him be exemplified and requests that “the Clerk of this Court no longer rule and make orders in these matters and all pleadings be ruled on by Judges who place their names on the orders,” the motion is denied, as the Court will continue to follow its Internal Operating Procedures as set forth above; further, ORDERED, to the extent Mr. Bernstein requests that the Court identify the judges who signed off on certain orders, the orders which were endorsed by judges are as follows, with all other orders having been issued on the Clerk’s authority: Case No. 4D15-3849 Judges Stevenson, Levine, and Conner endorsed the November 30, 2015, December 17, 2015, and January 7, 2016 orders. Case No. 4D16-0064 Judges Warner, Taylor, and Damoorgian endorsed the February 29, 2016 order. Case No. 4D16-0222 Judges Taylor and May endorsed the April 21, 2016 order. Judge Gerber endorsed the May 13, 2016 order. Judge Conner endorsed the June 9, 2016 and June 21, 2016 orders. Judges May and Gerber endorsed the July 7, 2016 order. Judges Gross, Levine, and Klingensmith endorsed the July 28, 2016 order. Judge Conner endorsed the September 22, 2016 order. Judge Levine endorsed the October 18, 2016 order. Judge Forst endorsed the October 27, 2016 order. Case No. 4D16-1449 Chief Judge Ciklin and Judge Gerber endorsed the July 8, 2016 order. The Court concludes that the assignment of Chief Judge Ciklin was inadvertent and that the Appellant suffered no prejudice as the Appellee’s motion to dismiss was denied. Judge Conner endorsed the August 25, 2016 order. Judge Conner endorsed the September 22, 2016 order.
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|
| Docket Date |
2016-10-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR DISCLOSURE FROM COURT AS TO JUDGES NAMES TO BE DISCLOSED FOR EVERY ORDER IN EACH CASE LISTED HEREIN.
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|
| Docket Date |
2016-10-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2016-10-28
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
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| Description |
ORD-Amended Order ~ ORDERED that this court's October 27, 2016 order is amended as to the panel only: Upon consideration of the parties' responses to this court's September 16, 2016 jurisdictional order, it is ORDERED that this appeal is dismissed. Dismissal is without prejudice to appellant to seek review of this order upon appeal from a final order. TAYLOR, LEVINE and FORST, JJ., concur.
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|
| Docket Date |
2016-10-27
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| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ **AMENDED ORDER ISSUED 10/28/16**
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|
| Docket Date |
2016-10-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ **AMENDED ORDER ISSUED 10/28/16** Upon consideration of the parties' responses to this court's September 16, 2016 jurisdictional order, it is ORDERED that this appeal is dismissed. Dismissal is without prejudice to appellant to seek review of this order upon appeal from a final order.CIKLIN, C.J., TAYLOR and FORST, JJ., concur.
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|
| Docket Date |
2016-10-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (690 PAGES)
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|
| Docket Date |
2016-10-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (REPLY) TO APPELLANT'S STATEMENT OF SUBJECT MATTER JURISDICTION AND MOTION TO ACCEPT LATE FILING.
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| On Behalf Of |
WILLIAM E. STANSBURY
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|
| Docket Date |
2016-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO 9/16/16 ORDER *AND* MOTION TO ACCEPT LATE FILING.
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|
| Docket Date |
2016-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ELIOT IVAN BERNSTEIN *P*
|
|
| Docket Date |
2016-09-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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|
| Docket Date |
2016-09-16
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| 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 granting motion to withdraw as counsel for Bernstein Family Realty, LLC is an appealable order. Roller v. Cripe-Roller, 58 So. 3d 279 (Fla. 1st DCA 2011); furtherAppellee may file a response within ten (10) days of service of that statement.
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|
| Docket Date |
2016-09-16
|
| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
WV:Waived
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