| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562009CA005380
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562014CA001484
|
Parties
| Name |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jason Slater, Thomas W. Tierney, Roger Levine, Amy D. Shield
|
|
| Name |
DANIEL J. GOOCH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Gerald J. Concannon
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIVERSIDE MARINA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HERITAGE MARINE SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IRIS L. CONCANNON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Timothy G. Concannon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Elaine Johnson James, AMAR WILLIAMS, Fred L. Kretschmer
|
|
| Name |
Sally Gooch
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF.
|
| On Behalf Of |
Timothy G. Concannon
|
|
| Docket Date |
2018-01-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF.
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2018-01-16
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2018-05-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-05-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that appellant's April 25, 2018 "motion for clarification of court's April 2, 2018" order is granted. The April 2, 2018 order issued in related case number 4D17-3311 also applied to case number 4D18-0052. The instant appeal is dismissed.MAY, CIKLIN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-04-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2018-02-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (COPY OF SUPPLEMENTAL JURISDICTIONAL BRIEF PER 2/6/18 ORDER)
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2018-02-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of the parties' responses to this court's January 5, 2018 jurisdictional order, appellant is ORDERED to file a supplemental jurisdictional brief in case number 17-3311 (with a copy to be filed in the instant case, 4D18-52), clearly listing each and every claim, counterclaim, or third party claim, identifying the resolution of each claim and the order by which it was resolved, and explaining whether any or all of the claims are related or distinct such that case number 4D17-3311 and 4D18-52 can proceed. See Mendez v. West Flagler Family Ass'n., 303 So. 2d 1 (Fla. 1974); Wichmann v. Conrad & Scherer, LLP, 4D16-2864 (Fla. 4th DCA Jan. 10, 2018). Appellee may file a reply within ten (10) days from appellant's response. Appellant is reminded that it has the duty to satisfy this court of its jurisdiction, and the jurisdictional briefing should not be used merely to raise the question of whether this court has jurisdiction.
|
|
| Docket Date |
2018-01-31
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Timothy G. Concannon
|
|
| Docket Date |
2018-01-05
|
| 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 whether the order totally disposes of Heritage Enterprises as a party to the entire case (as both defendant and counter-plaintiff) or whether the order merely disposes of Heritage’s counterclaims; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2018-01-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-01-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562009CA005236
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562014CA001484
|
Parties
| Name |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas W. Tierney, Roger Levine, Jason Slater, Amy D. Shield
|
|
| Name |
HERITAGE MARINE SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IRIS L. CONCANNON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Sally Gooch
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Gerald J. Concannon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Fred L. Kretschmer, Elaine Johnson James, AMAR WILLIAMS
|
|
| Name |
DANNY GOOCH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Timothy G. Concannon
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-04-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of the parties’ responses to this court’s January 5, 2018 and February 6, 2018 jurisdictional orders, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction without prejudice to appeal from a final disposition of the original cause on the merits. See Wichmann v. Conrad & Scherer, LLP, 43 Fla. L. Weekly D143 (Fla. 4th DCA Jan. 10, 2018); 4040 IBIS Circle, LLC v. JPMorgan Chase Bank, 193 So. 3d 957, 959 (Fla. 4th DCA 2016) (“This court has jurisdiction to review final orders. Fla. R. App. P. 9.030(b)(1)(A). An order is considered final if it disposes of the cause on its merits leaving no questions open for judicial determination except for the execution or enforcement of the decree if necessary.”) (internal quotations and citations omitted)).TAYLOR, MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-03-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Gerald J. Concannon
|
|
| Docket Date |
2018-03-15
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to the appellant’s jurisdictional statement.
|
|
| Docket Date |
2018-02-26
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2018-02-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of the parties' responses to this court's January 5, 2018 jurisdictional order, appellant is ORDERED to file a supplemental jurisdictional brief in case number 17-3311 (with a copy to be filed in the instant case, 4D18-52), clearly listing each and every claim, counterclaim, or third party claim, identifying the resolution of each claim and the order by which it was resolved, and explaining whether any or all of the claims are related or distinct such that case number 4D17-3311 and 4D18-52 can proceed. See Mendez v. West Flagler Family Ass'n., 303 So. 2d 1 (Fla. 1974); Wichmann v. Conrad & Scherer, LLP, 4D16-2864 (Fla. 4th DCA Jan. 10, 2018). Appellee may file a reply within ten (10) days from appellant's response. Appellant is reminded that it has the duty to satisfy this court of its jurisdiction, and the jurisdictional briefing should not be used merely to raise the question of whether this court has jurisdiction.
|
|
| Docket Date |
2018-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 03/07/2018
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2018-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 02/04/2018
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
| Docket Date |
2017-12-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
|
| Docket Date |
2017-10-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-10-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-10-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
HERITAGE ENTERPRISES OF ST. LUCIE, LLC
|
|
|
