MDLV LLC,, Appellant(s) v. DONALD KITTEN, et al., Appellee(s).
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4D2024-3310
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2024-12-26
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Open
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Classification |
NOA Final - Circuit Civil - Other
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Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22017457
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Parties
Name |
MDLV, LLC
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Role |
Appellant
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Status |
Active
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Representations |
Michael Laurence Feinstein, Jason Ari Smith
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|
Name |
Donald Kitten
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Role |
Appellee
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Status |
Active
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Representations |
Lindsey M Tenberg
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|
Name |
Hon. Martin John Bidwill
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
Broward Clerk
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2025-01-02
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Type |
Motions Relating to Parties and Counsel
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Subtype |
Motion To Withdraw as Counsel
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Description |
Motion To Withdraw as Counsel
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Docket Date |
2024-12-31
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Type |
Miscellaneous Document
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Subtype |
Pay Case Filing Fee-300
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Description |
Paid Case Filing Fee-300
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On Behalf Of |
MDLV LLC,
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View |
View File
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Docket Date |
2024-12-27
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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View |
View File
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Docket Date |
2024-12-27
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Type |
Misc. Events
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Subtype |
Miscellaneous Trial Court Document
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Description |
Miscellaneous Trial Court Document
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Docket Date |
2024-12-27
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal
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AMY FARIELLO HANSEN and DONALD F. HANSEN VS MDLV, LLC d/b/a ONE SOTHEBY'S INTERNATIONAL REALTY and THOMAS BOOTHE
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4D2022-0397
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2022-02-09
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Closed
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Classification |
NOA Final - County Civil - Other
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Court |
4th District Court of Appeal
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Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC005885
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Parties
Name |
Donald F. Hansen
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Role |
Appellant
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Status |
Active
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Name |
Amy Fariello Hansen
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Role |
Appellant
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Status |
Active
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Representations |
Michael Salmon, Robin Felicity Hazel
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Name |
Thomas Boothe
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Role |
Appellee
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Status |
Active
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Name |
One Sotheby's International Realty
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Role |
Appellee
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Status |
Active
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Name |
MDLV, LLC
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Role |
Appellee
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Status |
Active
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Representations |
Christine Cohen, Steven Serle, Angela Bousalis
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Name |
Hon. Frank S. Castor
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Role |
Judge/Judicial Officer
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Status |
Active
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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 |
2022-11-21
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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Docket Date |
2022-11-18
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2022-11-02
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Type |
Disposition by Opinion
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Subtype |
Reversed
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Description |
Reversed - Authored Opinion
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Docket Date |
2022-11-02
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Type |
Order
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Subtype |
Order on Motion For Attorney's Fees
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Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellants’ June 10, 2022 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellants are 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. Further,ORDERED that the motion for costs filed by Robin F. Hazel is denied without prejudice to seek costs in the trial court. Further,ORDERED that appellee Thomas Boothe’s March 31, 2022 motion for appellate 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. Further,The court notes that appellee’s May 13, 2022 motion for appellate attorney’s fees is duplicative of the March 31, 2022 motion for appellate fees.
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Docket Date |
2022-06-10
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
Amy Fariello Hansen
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Docket Date |
2022-06-10
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Type |
Brief
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Subtype |
Reply Brief
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Description |
Appellant's Reply Brief
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On Behalf Of |
Amy Fariello Hansen
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Docket Date |
2022-05-13
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
MDLV, LLC
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Docket Date |
2022-05-11
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Appellee's Answer Brief
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On Behalf Of |
MDLV, LLC
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Docket Date |
2022-04-12
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Type |
Record
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Subtype |
Appendix
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Description |
Appendix to Brief
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On Behalf Of |
Amy Fariello Hansen
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Docket Date |
2022-04-12
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Type |
Brief
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Subtype |
Initial Brief
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Description |
Initial Brief on Merits
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On Behalf Of |
Amy Fariello Hansen
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Docket Date |
2022-03-31
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
MDLV, LLC
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Docket Date |
2022-03-29
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Type |
Order
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Subtype |
Order on Motion To Dismiss
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Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellants’ March 10, 2022 response, it is ORDERED that appellee’s February 28, 2022 motion to dismiss is granted in part as to only the January 26, 2022 order. See Soundbar, LLC v. BYM Com., 328 So. 3d 1097, 1101 (Fla. 5th DCA 2021); Day v. Norman, 42 So. 2d 273, 274 (Fla. 1949). This appeal shall proceed as to the January 21, 2022 order. See Clearwater Fed. Sav. & Loan Ass’n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976). Further, upon consideration of appellee’s March 11, 2022 response, it isORDERED that appellants’ March 10, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within fifteen (15) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.WARNER, LEVINE and KLINGENSMITH, JJ., concur.
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Docket Date |
2022-03-11
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Received Records ~ 479 PAGES
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On Behalf Of |
Clerk - Palm Beach
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Docket Date |
2022-03-11
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Type |
Response
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Subtype |
Objection
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Description |
Objection
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On Behalf Of |
MDLV, LLC
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Docket Date |
2022-03-10
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Type |
Response
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Subtype |
Response
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Description |
Response ~ TO MOTION TO DISMISS AND MOTION FOR EXTENSION
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On Behalf Of |
Amy Fariello Hansen
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Docket Date |
2022-03-10
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Type |
Notice
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Subtype |
Notice of Appearance
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Description |
Notice of Appearance
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On Behalf Of |
Amy Fariello Hansen
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Docket Date |
2022-02-28
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Type |
Record
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Subtype |
Appendix
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Description |
Appendix
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On Behalf Of |
MDLV, LLC
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Docket Date |
2022-02-28
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Type |
Motions Other
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Subtype |
Motion To Dismiss
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Description |
Motion To Dismiss
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On Behalf Of |
MDLV, LLC
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Docket Date |
2022-02-10
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Type |
Misc. Events
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Subtype |
Case Filing Fee Paid through Portal
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Description |
Case Filing Fee Paid Through Portal
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On Behalf Of |
Amy Fariello Hansen
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Docket Date |
2022-02-09
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Type |
Order
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Subtype |
Order on Filing Fee
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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.
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Docket Date |
2022-02-09
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Type |
Misc. Events
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Subtype |
Miscellaneous Trial Court Document
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Description |
Misc. LT pleadings ~ Civil Cover Sheet
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Docket Date |
2022-02-09
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Type |
Notice
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Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
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On Behalf Of |
Amy Fariello Hansen
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Docket Date |
2022-02-09
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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AMY FARIELLO HANSEN and DONALD F. HANSEN VS THOMAS BOOTHE, et al.
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4D2020-2273
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2020-10-20
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Closed
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Classification |
NOA Final - Circuit Civil - Other
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Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA005658XXXXMB
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Parties
Name |
Donald F. Hansen
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Role |
Appellant
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Status |
Active
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|
Name |
Amy Fariello Hansen
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Role |
Appellant
|
Status |
Active
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Representations |
Michael Salmon
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|
Name |
MDLV, LLC
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Role |
Appellee
|
Status |
Active
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|
Name |
Sotheby's International Realty
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Role |
Appellee
|
Status |
Active
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|
Name |
Thomas Boothe
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Role |
Appellee
|
Status |
Active
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Representations |
Steven Serle, Raul Morales
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|
Name |
Hon. Jaimie Goodman
|
Role |
Judge/Judicial Officer
|
Status |
Active
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|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
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Docket Entries
Docket Date |
2021-01-27
|
Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
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Docket Date |
2021-01-27
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Type |
Disposition
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Subtype |
Dismissed
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Description |
Dismissed - Order by Clerk
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Docket Date |
2021-01-06
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Type |
Order
|
Subtype |
Show Cause
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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 January 19, 2021, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants’ 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.
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Docket Date |
2020-10-29
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Type |
Misc. Events
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Subtype |
Case Filing Fee Paid through Portal
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Description |
Case Filing Fee Paid Through Portal
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On Behalf Of |
Amy Fariello Hansen
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Docket Date |
2020-10-22
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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Docket Date |
2020-10-22
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Type |
Order
|
Subtype |
Order on Filing Fee
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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. 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 circuit court clerk's determination of indigent status is filed.
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Docket Date |
2020-10-20
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
FP:Fee Paid Through Portal
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Docket Date |
2020-10-20
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed
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On Behalf Of |
Amy Fariello Hansen
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MDLV, LLC, et al., VS YTECH REAL ESTATE HOLDINGS, LTD., et al.,
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3D2018-2449
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2018-12-05
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Closed
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Classification |
NOA Final - Circuit Civil - Other
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Court |
3rd District Court of Appeal
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Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-13144
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Parties
Name |
MDLV, LLC
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Role |
Appellant
|
Status |
Active
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Representations |
STEVEN J. WISOTSKY, Israel U. Reyes, HEATHER A. RUTECKI
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Name |
JOHN A. TURCHIN CONSTRUCTION, INC.
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Role |
Appellant
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Status |
Active
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Name |
ALFRED CHETRAM
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Role |
Appellant
|
Status |
Active
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Name |
YAMAL YIDIOS
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Role |
Appellee
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Status |
Active
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Name |
YTECH INTERNATIONAL GP, LLC
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Role |
Appellee
|
Status |
Active
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Name |
YTECH REAL ESTATE HOLDINGS, LTD.
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Role |
Appellee
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Status |
Active
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Representations |
JOSEPH L. REBAK, LORAYNE PEREZ, JEFFREY A. TEW, Thomas S. Ward
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Name |
FROMBERG, PERLOW & KORNIK, P.A.
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Role |
Appellee
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Status |
Active
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Name |
ROLAND FAITH
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Role |
Appellee
|
Status |
Active
|
|
Name |
ADAM DASH
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Role |
Appellee
|
Status |
Active
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Name |
GRAND BEACH, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. RODNEY SMITH
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Role |
Judge/Judicial Officer
|
Status |
Active
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|
Name |
Miami-Dade Clerk
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Role |
Lower Tribunal Clerk
|
Status |
Active
|
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Docket Entries
Docket Date |
2019-03-21
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
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|
Docket Date |
2019-03-21
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
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|
Docket Date |
2019-03-21
|
Type |
Motions Other
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Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ JOINT STIPULATION FOR DISMISSAL BASED ON SETTLEMENT
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On Behalf Of |
MDLV, LLC
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Docket Date |
2019-03-21
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
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Docket Date |
2019-03-21
|
Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
Stipulation of Dismissal (DA11J) ~ ORDERED that the joint stipulation for dismissal based on settlement is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
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Docket Date |
2019-02-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
|
Docket Date |
2019-02-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-53 days to 4/5/19
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Docket Date |
2019-02-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MDLV, LLC
|
|
Docket Date |
2018-12-28
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration of appellants’ motion to hold the appeal in abeyance and for extension of time to file the initial brief, the motion to hold the appeal in abeyance is hereby denied. The request for an extension of time to file the initial brief is granted as stated in the motion.
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|
Docket Date |
2018-12-21
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ RULE 9.020(i)(3) MOTION TO HOLD APPEAL JN ABEYANCE PENDING RESOLUTION BY THE TRIAL COURT OF THE PENDING MOTION FOR RE-HEARING & MOTION FOR EXTENSION OF TIMEWITHIN WHICH TO FILE INITIAL BRIEF
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On Behalf Of |
MDLV, LLC
|
|
Docket Date |
2018-12-05
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2018-12-05
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
MDLV, LLC
|
|
Docket Date |
2018-12-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
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