| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2016CA000330
|
Parties
| Name |
PAUL S. LABINER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MICHAEL R. YOKAN, CHRISTOPHER W. WICKERSHAM, JR.
|
|
| Name |
LESLEY WARD-KUHN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joseph H. Graves, Matthew M. Thomas
|
|
| Name |
CORY MELTZER LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PERSONAL INJURY LAW & ACCIDENT CENTER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PAUL B. KANAREK
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-03-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-01-31
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
PAUL S. LABINER
|
|
| Docket Date |
2018-01-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
PAUL S. LABINER
|
|
| Docket Date |
2018-01-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
LESLEY WARD-KUHN
|
|
| Docket Date |
2018-01-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
LESLEY WARD-KUHN
|
|
| Docket Date |
2018-01-10
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
PAUL S. LABINER
|
|
| Docket Date |
2018-01-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
LESLEY WARD-KUHN
|
|
| Docket Date |
2018-01-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellee's appendix to the answer 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked 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 |
2018-01-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LESLEY WARD-KUHN
|
|
| Docket Date |
2018-01-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN, SEE 01/08/2018 ORDER***
|
| On Behalf Of |
LESLEY WARD-KUHN
|
|
| Docket Date |
2017-12-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
PAUL S. LABINER
|
|
| Docket Date |
2017-12-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2017-12-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked 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 |
2017-12-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN, SEE 12/22/2017 ORDER***
|
| On Behalf Of |
PAUL S. LABINER
|
|
| Docket Date |
2017-12-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN, SEE 12/21/2017 ORDER***
|
| On Behalf Of |
PAUL S. LABINER
|
|
| Docket Date |
2017-12-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ ***AND*** MOTION TO ENFORCE THIS COURT'S ORDER DATED 12/04/2017
|
| On Behalf Of |
LESLEY WARD-KUHN
|
|
| Docket Date |
2017-12-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked 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 |
2017-12-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
PAUL S. LABINER
|
|
| Docket Date |
2017-12-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN, SEE 12/19/2017 ORDER***
|
| On Behalf Of |
PAUL S. LABINER
|
|
| Docket Date |
2017-12-04
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2017-11-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-11-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-11-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PAUL S. LABINER
|
|
| Docket Date |
2018-03-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the appellant’s January 10, 2018 request for oral argument is denied. Further, ORDERED that the appellant’s January 31, 2018 motion to accept the reply brief as timely filed is granted. The brief was filed on January 30, 2018. Further,ORDERED that the appellee’s January 16, 2018 motion for appellate attorney’s fees is granted, conditioned on the trial court determining that sanctions should be awarded under section 57.105(1), Florida Statutes 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. To the extent the appellee seeks an award of appellate costs, that portion of the motion is denied without prejudice to file a timely motion in the trial court. See Fla. R. App. P. 9.400(a). Further,ORDERED that the motion for costs filed by Matthew M. Thomas is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2017-11-07
|
| 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.
|
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017DR006553XXXXSB
|
Parties
| Name |
DAVID A LERNER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CORY MELTZER LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SCOTT J. SALE, JAYNE C. WEINTRAUB
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-12-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-12-29
|
| 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 |
2017-12-07
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/ROA ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 18, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and the record-on-appeal have 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 and record-on-appeal are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2017-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's November 6, 2017 motion for extension of time is granted, and appellant 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.
|
|
| Docket Date |
2017-11-06
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that appellant's November 6, 2017 request for emergency treatment is denied. The court will handle the filing in the ordinary course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2017-10-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The September 20, 2017 motion of Daniel S. Weinger, Esq. and Robin Bresky, Esq., counsel for appellant, to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20 day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all pleadings shall be sent to David Lerner at the address appearing below; (4) if substitute counsel does not appear within twenty (20) days from the date of this order, appellant is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2017-08-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that the motion to relinquish, included in the August 18, 2017 motion to consolidate, is denied. See McNulty v. BankUnited, 140 So. 3d 1041, 1041 (Fla. 3d DCA 2014) (“Retrying a case is not a reason for relinquishment, nor is raising issues that might have been raised during the original trial.”).
|
|
| Docket Date |
2017-08-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's August 18, 2017 motion to consolidate is granted. Case numbers 4D17-2573 and 4D17-2574 are now consolidated for all purposes and shall proceed under case number 4D17-2573. Appellant shall file a single initial brief addressing all of the issues in both appeals. Further, ORDERED that appellees shall file a response and show cause by August 23, 2017 why appellant's motion to relinquish, included in the August 18, 2017 motion to consolidate, should not be granted. Further, ORDERED that appellant's August 18, 2017 motion to shorten respond time is denied as moot.
|
|
| Docket Date |
2017-08-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO SHORTEN TIME FOR RESPONSE TO APPELLANT'S MOTION TO CONSOLIDATE CASE NO. 4D17-2573 AND CASE NO. 4D17-2574, AND MOTION FOR TEMPORARY RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
DAVID A LERNER
|
|
| Docket Date |
2017-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
DAVID A LERNER
|
|
| Docket Date |
2017-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DAVID A LERNER
|
|
| Docket Date |
2017-08-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-08-15
|
| 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 |
2017-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAVID A LERNER
|
|
| Docket Date |
2017-08-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
