|
UH-SI, LLC. et al., Appellant(s) v. THE RESORT AT SINGER ISLAND HOTEL CONDOMINIUM ASSOCIATES, INC., et al., Appellee(s).
|
4D2023-2780
|
2023-11-20
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA014327; 502017CA009750; 502020CA008723
|
Parties
| Name |
Donald J. Urgo
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UMOS SI CONDOS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Amy Marie Wessel Jones, Patricia Anne Leonard, Margaret Ann Rolando, Nathan Earl Nason, Noah Beecham Tennyson
|
|
| Name |
UH-SI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
URGO HOTELS LP
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
URGO LODGING MANAGEMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Donald J. Urgo, Jr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kevin M. Urgo
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Collin D. Urgo
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Maxine D Cheesman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
The Resort at Singer Island Hotel Condominium Associates, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gregory Scott Weiss, Daniel A Thomas, Erica Lester Sadowski, Daniel Rosenbaum, Elliott David Goldberg, Dina Lynn Rosenbaum, Alan Benjamin Rose
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
APPELLANTS' NOTICE OF FILING ORDER ON DEFENDANTS'
MOTION FOR RECONSIDERATION OF ORDER GRANTING
PLAINTIFF'S MOTION FOR TEMPORARY INJUNCTION
|
| On Behalf Of |
UMOS SI Condos, LLC
|
|
| Docket Date |
2024-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2024-01-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
MOTION FOR EXTENSION OF RELINQUISHMENT PERIOD
|
|
| Docket Date |
2023-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION TO RELINQUISH JURISDICTION
|
|
| Docket Date |
2023-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
The Resort at Singer Island Hotel Condominium Associates, Inc.
|
|
| Docket Date |
2023-11-21
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
| On Behalf Of |
UMOS SI Condos, LLC
|
|
| Docket Date |
2023-11-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
UMOS SI Condos, LLC
|
|
| Docket Date |
2023-11-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
UMOS SI Condos, LLC
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2023-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Upon consideration of appellee's December 5, 2023 response, it is ORDERED that appellants' November 21, 2023 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days from the date of this order to resolve a motion for reconsideration and conduct an injunction hearing to determine whether a bond is necessary and the amount of such bond, if any. The appellants shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that the appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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| View |
View File
|
|
|
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APOLLO INVESTMENT GROUP, LLC , Appellant(s) v. UH-SI, LLC d/b/a PALM BEACH MARRIOTT SINGER ISLAND BEACH RESORT & SPA, Appellee(s).
|
4D2022-2924
|
2022-10-28
|
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
502019CA007722
|
Parties
| Name |
Palm Beach Marriott Singer Island Beach Resort & Spa
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UH-SI, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kendrick Almaguer, Terry E. Resk, Timothy R. Quinones, Noah Beecham Tennyson
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
APOLLO INVESTMENT GROUP LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Sophie M Labarge, Rebecca A. Rodriguez, Joseph Aaron Grant
|
|
Docket Entries
| Docket Date |
2023-02-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellants’ January 11, 2023 motion to amend briefing schedule and for enlargement of time to file initial brief.
|
|
| Docket Date |
2022-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED sua sponte that case numbers 4D22-149 and 4D22-2924 are now consolidated for all purposes and shall 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 4D22-149. Further, ORDERED that appellee 3800 N. Ocean Fr. Unit 1703, LLC’s November 17, 2022 motions to relinquish jurisdiction, filed in case numbers 4D22-149 and 4D22-2924, are denied. The trial court has continuing jurisdiction to grant or deny motions to stay during the pendency of this appeal. Fla. R. App. P. 9.310(a).
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that, upon consideration of appellee’s November 3, 2022 response, appellant’s November 3, 2022 requests for emergency treatment, November 3, 2022 motion to stay, and November 3, 2022 amended to motion to stay are denied. "[A]n 'emergency' is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm." Admin. Order No. 2014-1. Dispossession of property does not constitute irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); see also B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award); Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) ("The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment."). No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2022-10-28
|
| 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 |
2023-02-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **Stricken**
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-05-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2023-03-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,499 PAGES
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2023-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ January 11, 2023 motion to amend briefing schedule and for enlargement of time is granted, and appellants shall serve the initial brief on or before May 17, 2023. 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 |
2023-02-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s February 9, 2023 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2024-04-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-03-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Motion for Issuance of Written Opinion or Alternatively for Rehearing
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2024-03-09
|
| Type |
Motion
|
| Subtype |
Rehearing
|
| Description |
Appellants' Motion for Issuance of Written Opinion or Alternatively, For Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-02-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2023-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellee UH-SI, LLC's Motion for Appellate Attorney's Fees
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2023-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Order on Motion for Extension of Time to File Response
|
| View |
View File
|
|
| Docket Date |
2023-11-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Constance Avaras
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
|
| Docket Date |
2023-11-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees (Response filed 11/30/23).
|
|
| Docket Date |
2023-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
Order on Motion To Dismiss
|
| View |
View File
|
|
| Docket Date |
2023-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-10-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2023-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellee's Motion to Dismiss
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2023-10-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Appellants to File Response
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
11 DAYS TO 10/30/2023.
|
|
| Docket Date |
2023-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2023-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder of Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-09-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
| View |
View File
|
|
| Docket Date |
2023-07-05
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the June 12, 2023 motion of Joseph Grant, Esq., counsel for appellant Apollo Investment Group, LLC., to withdraw as counsel is granted. This Court notes that appellant Apollo Investment Group, LLC will continue to be represented by attorneys Rebecca A. Rodriguez and Sophie M. Labarge of Nelson Mullins Riley & Scarborough, LLP.
|
|
| Docket Date |
2023-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-06-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2023-01-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND MOTION TO AMEND BRIEFING SCHEDULE
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-11-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-11-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's November 15, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-11-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ **STRICKEN**
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellant's November 7, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within five (5) days from the date of this order, as to why case numbers 4D22-149 and 4D22-2924 should not be consolidated for all purposes.
|
|
| Docket Date |
2022-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-11-03
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-11-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO EMERGENCY MOTION TO STAY
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-11-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-10-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
APOLLO INVEST GROUP, LLC VS UH-SI, LLC d/b/a PALM BEACH MARRIOTT SINGER ISLAND BEACH RESORT & SPA
|
4D2022-1066
|
2022-04-19
|
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
502019CA007722
|
Parties
| Name |
APOLLO INVESTMENT GROUP LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph Aaron Grant
|
|
| Name |
Palm Beach Marriott Singer Island Beach Resort & Spa
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UH-SI, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Noah Beecham Tennyson, Timothy R. Quinones
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
Order on Motion To Dismiss
|
| View |
View File
|
|
| Docket Date |
2023-10-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2023-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellee's Motion to Dismiss
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2023-10-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Appellants to File Response
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
11 DAYS TO 10/30/2023.
|
|
| Docket Date |
2023-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2023-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder of Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-09-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
| View |
View File
|
|
| Docket Date |
2023-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-06-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2023-05-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
|
| Docket Date |
2023-03-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,499 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ January 11, 2023 motion to amend briefing schedule and for enlargement of time is granted, and appellants shall serve the initial brief on or before May 17, 2023. 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 |
2023-02-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **Stricken**
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-02-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s February 9, 2023 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-02-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellants’ January 11, 2023 motion to amend briefing schedule and for enlargement of time to file initial brief.
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2023-01-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND MOTION TO AMEND BRIEFING SCHEDULE
|
|
| Docket Date |
2022-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED sua sponte that case numbers 4D22-149 and 4D22-2924 are now consolidated for all purposes and shall 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 4D22-149. Further, ORDERED that appellee 3800 N. Ocean Fr. Unit 1703, LLC’s November 17, 2022 motions to relinquish jurisdiction, filed in case numbers 4D22-149 and 4D22-2924, are denied. The trial court has continuing jurisdiction to grant or deny motions to stay during the pendency of this appeal. Fla. R. App. P. 9.310(a).
|
|
| Docket Date |
2022-11-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee 3800 N. Ocean Dr. Unit 1703, LLC’s November 15, 2022 motion for limited relinquishment of jurisdiction is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-11-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ **Stricken**
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellant Constance Avaras’ November 2, 2022 motion to stay is denied.
|
|
| Docket Date |
2022-11-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO EMERGENCY MOTION TO STAY
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-11-02
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
|
| Docket Date |
2022-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER APPEALED.
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-10-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (47 PAGES)
|
|
| Docket Date |
2022-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' unopposed September 2, 2022 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for sixty (60) days. Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-09-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-08-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AND AGREED MOTION TO EXTEND RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants’ August 8, 2022 motion to extend relinquishment found within the status report is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, as to the relinquishment.
|
|
| Docket Date |
2022-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant’s June 28, 2022 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-06-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant’s May 26, 2022 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days for the limited purpose of allowing the trial court to rule on the pending objection to foreclosure sale, emergency motion to stay writ of possession, and the subsequently submitted memorandums on the emergency motion. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-05-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-05-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ **REINSTATED**
|
|
| Docket Date |
2022-05-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **22-1066 HAS BEEN REINSTATED** ORDERED sua sponte that 4D22-1066 is dismissed for non-payment of the $300.00 filing fee. Case number 4D22-0149 remains pending.
|
|
| Docket Date |
2022-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellant's May 20, 2022 motion for rehearing is granted and case number 4D22-1066 is reinstated.
|
|
| Docket Date |
2022-05-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-05-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ NOTICE OF PAYMENT AND MOTION FOR REHEARING
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED sua sponte 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 4D22-149.
|
|
| Docket Date |
2022-05-02
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellant’s April 22, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within five (5) days from the date of this order, as to why case numbers 4D22-149 and 4D22-1066 should not be consolidated for all purposes.
|
|
| Docket Date |
2022-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-04-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-04-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-07-05
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the June 12, 2023 motion of Joseph Grant, Esq., counsel for appellant Apollo Investment Group, LLC., to withdraw as counsel is granted. This Court notes that appellant Apollo Investment Group, LLC will continue to be represented by attorneys Rebecca A. Rodriguez and Sophie M. Labarge of Nelson Mullins Riley & Scarborough, LLP.
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that, upon consideration of appellant Constance Avaras’ November 2, 2022 request for emergency treatment and November 2, 2022 emergency motion to stay, the November 2, 2022 request for emergency treatment is denied. “[A]n ‘emergency’ is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm.” Admin. Order No. 2014-1. Dispossession of property and the threat of foreclosure do not constitute irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); see also B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award); Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) (“The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment.”). The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2022-04-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (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.
|
|
|
|
CONSTANCE AVARAS and APOLLO INVESTMENT GROUP, LLC, Appellant(s) v. UH-SI, LLC d/b/a PALM BEACH MARRIOTT SINGER ISLAND BEACH RESORT & SPA, Appellee(s)
|
4D2022-0149
|
2022-01-18
|
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
502019CA007722
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Constance Avaras
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Sophie M Labarge, Joseph Aaron Grant, Rebecca A. Rodriguez
|
|
| Name |
APOLLO INVESTMENT GROUP LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
James Avaras
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JAMES COOPER & COMPANY INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UH-SI, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kory Sgrignoli, Jr., Kendrick Almaguer, Noah Beecham Tennyson
|
|
| Name |
Palm Beach Marriott Singer Island Beach Resort & Spa
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
3800 N OCEAN DR UNIT 1703, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,499 PAGES
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2023-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ January 11, 2023 motion to amend briefing schedule and for enlargement of time is granted, and appellants shall serve the initial brief on or before May 17, 2023. 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 |
2023-02-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **Stricken**
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-06-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2024-04-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-03-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Motion for Issuance of Written Opinion or Alternatively for Rehearing
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2024-03-09
|
| Type |
Motion
|
| Subtype |
Rehearing
|
| Description |
Appellants' Motion for Issuance of Written Opinion or Alternatively, For Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-02-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2023-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellee UH-SI, LLC's Motion for Appellate Attorney's Fees
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2023-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Order on Motion for Extension of Time to File Response
|
| View |
View File
|
|
| Docket Date |
2023-11-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Constance Avaras
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
|
| Docket Date |
2023-11-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees (Response filed 11/30/23).
|
|
| Docket Date |
2023-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
Order on Motion To Dismiss
|
| View |
View File
|
|
| Docket Date |
2023-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-10-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2023-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellee's Motion to Dismiss
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2023-10-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Appellants to File Response
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
11 DAYS TO 10/30/2023.
|
|
| Docket Date |
2023-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2023-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder of Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-09-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
| View |
View File
|
|
| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/14/2023.
|
|
| Docket Date |
2023-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-07-05
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the June 12, 2023 motion of Joseph Grant, Esq., counsel for appellant Apollo Investment Group, LLC., to withdraw as counsel is granted. This Court notes that appellant Apollo Investment Group, LLC will continue to be represented by attorneys Rebecca A. Rodriguez and Sophie M. Labarge of Nelson Mullins Riley & Scarborough, LLP.
|
|
| Docket Date |
2023-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 08/15/2023.
|
|
| Docket Date |
2023-05-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2023-02-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s February 9, 2023 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-02-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellants’ January 11, 2023 motion to amend briefing schedule and for enlargement of time to file initial brief.
|
|
| Docket Date |
2023-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2023-01-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND MOTION TO AMEND BRIEFING SCHEDULE
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED sua sponte that case numbers 4D22-149 and 4D22-2924 are now consolidated for all purposes and shall 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 4D22-149. Further, ORDERED that appellee 3800 N. Ocean Fr. Unit 1703, LLC’s November 17, 2022 motions to relinquish jurisdiction, filed in case numbers 4D22-149 and 4D22-2924, are denied. The trial court has continuing jurisdiction to grant or deny motions to stay during the pendency of this appeal. Fla. R. App. P. 9.310(a).
|
|
| Docket Date |
2022-11-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee 3800 N. Ocean Dr. Unit 1703, LLC’s November 15, 2022 motion for limited relinquishment of jurisdiction is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-11-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ **Stricken**
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellants’ November 7, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within five (5) days from the date of this order, as to why case numbers 4D22-149 and 4D22-2924 should not be consolidated for all purposes.
|
|
| Docket Date |
2022-11-03
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that, upon consideration of appellant Constance Avaras’ November 2, 2022 request for emergency treatment and November 2, 2022 emergency motion to stay, the November 2, 2022 request for emergency treatment is denied. “[A]n ‘emergency’ is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm.” Admin. Order No. 2014-1. Dispossession of property and the threat of foreclosure do not constitute irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); see also B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award); Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) (“The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment.”). The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2022-11-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO EMERGENCY MOTION TO STAY
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-11-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ EMERGENCY
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER APPEALED.
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' unopposed September 2, 2022 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for sixty (60) days. Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-09-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants’ August 8, 2022 motion to extend relinquishment found within the status report is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-08-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AND AGREED MOTION TO EXTEND RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, as to the relinquishment.
|
|
| Docket Date |
2022-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant’s June 28, 2022 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-06-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
UH-SI, LLC
|
|
| Docket Date |
2022-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant’s May 26, 2022 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days for the limited purpose of allowing the trial court to rule on the pending objection to foreclosure sale, emergency motion to stay writ of possession, and the subsequently submitted memorandums on the emergency motion. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-05-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-05-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-05-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ NOTICE OF PAYMENT AND MOTION FOR REHEARING
|
| On Behalf Of |
Apollo Investment Group, LLC
|
|
| Docket Date |
2022-05-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **22-1066 HAS BEEN REINSTATED** ORDERED sua sponte that 4D22-1066 is dismissed for non-payment of the $300.00 filing fee. Case number 4D22-0149 remains pending.
|
|
| Docket Date |
2022-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellant's May 20, 2022 motion for rehearing is granted and case number 4D22-1066 is reinstated.
|
|
| Docket Date |
2022-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED sua sponte 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 4D22-149.
|
|
| Docket Date |
2022-05-02
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellants’ April 22, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within five (5) days from the date of this order, as to why case numbers 4D22-149 and 4D22-1066 should not be consolidated for all purposes.
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Order on Motion to Set Briefing Schedule
|
| Description |
ORD-Setting Briefing Schedule ~ ORDERED that the appellants’ April 22, 2022 motion to extend briefing schedule is granted. Appellants shall file the initial brief within thirty (30) days from the date of the transmittal of the record on appeal. Further, appellants shall confer with the clerk of the lower tribunal concerning the outstanding invoice for preparation of the record on appeal and pay said invoice within five (5) days of the date of this order.
|
|
| Docket Date |
2022-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-04-22
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Set Briefing Schedule
|
| Description |
Mot. to set briefing schedule
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-04-05
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the March 14, 2022 amended motion of Jessica L. Kerr, Esq., for leave to withdraw as counsel for Constance Katavolos-Avaras and Apollo Investment Group, LLC is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc’ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Accordingly, it isORDERED that the appeal on behalf of Constance Katavolos-Avaras and Apollo Investment Group, LLC shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. Further, ORDERED that this case is stayed pending the above.
|
|
| Docket Date |
2022-03-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2022-03-14
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ **Stricken**
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-03-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ March 14, 2022 motion to withdraw as counsel is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-01-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Constance Avaras
|
|
| Docket Date |
2022-01-18
|
| 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 |
2022-01-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-01-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
URGO HOTELS LP, et al. VS THE RESORT AT SINGER ISLAND HOTEL CONDOMINIUM ASSOC., INC.
|
4D2018-1330
|
2018-05-01
|
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
502015CA014327XXXXMB
|
Parties
| Name |
DONALD J. URGO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DONALD J. URGO, JR.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KEVIN M. URGO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COLLIN D. URGO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
URGO HOTELS LP
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Devin S. Radkay, HEATHER C. COSTANZO, Gregor J. Schwinghammer, Jack Joseph Aiello
|
|
| Name |
URGO LODGING MANAGEMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UH-SI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HOTEL CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. DAVID E. FRENCH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
THE RESORT AT SINGER ISLAND
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dina L. Rosenbaum, Elliott D. Goldberg, GEORGE P. KASTRENAKES, Daniel A. Thomas, Alan Benjamin Rose, Misti Barnett, Daniel S. Rosenbaum, Richard L. Cartlidge
|
|
Docket Entries
| Docket Date |
2019-04-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-04-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-04-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2019-04-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellants’ October 22, 2018 motion for appellate attorneys’ fees is denied.
|
|
| Docket Date |
2019-04-01
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2019-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2019-03-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Notice is hereby given that at the oral argument on April 1, 2019, the parties should be prepared to discuss the applicability of Garden Suburbs Golf & Country Club, Inc. v. Pruitt, 24 So. 2d 898 (Fla. 1946) to this case.
|
|
| Docket Date |
2019-02-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2019-02-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2019-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on April 1, 2019, at 10:00 A.M. for 10 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2019-01-31
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 2/18/19
|
|
| Docket Date |
2019-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2019-01-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (AMENDED)
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2019-01-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-12-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 1 DAY TO 1/2/19
|
|
| Docket Date |
2018-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-12-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 12/31/18
|
|
| Docket Date |
2018-11-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/16/18
|
|
| Docket Date |
2018-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-10-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ (AMENDED)
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-10-23
|
| 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 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 |
2018-10-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-10-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-10-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-10-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-10-16
|
| 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 October 12, 2018 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 22, 2018. 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 |
2018-10-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ "APPELLEE'S RESPONSE AND CONSENT TO APPELLANTS' MOTION FOR EXTENSION OF TIME"
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-10-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-07-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (2072 PAGES)
|
|
| Docket Date |
2018-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-05-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-05-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS APPEAL
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-05-16
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2018-05-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO EMERGENCY MOTION FOR ENTRY OF STAY
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-05-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-05-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ (DENIED)
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
THE RESORT AT SINGER ISLAND
|
|
| Docket Date |
2018-05-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ (GRANTED)
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-05-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-05-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ Upon consideration of appellants' May 2, 2018 request for emergency treatment and emergency motion to stay, it is ORDERED that appellees shall file a response to the motion (of no more than 10 pages) by May 8, 2018. Further ORDERED that the order on appeal is stayed pending the disposition of this motion.
|
|
| Docket Date |
2018-05-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-05-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-08-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 40 DAYS TO 10/15/18
|
|
| Docket Date |
2018-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ (ORDERS ATTACHED) AMENDED FINAL ORDER AND JUDGMENT IN COMPLIANCE WITH COURT'S JUNE 4, 2018 ORDER
|
| On Behalf Of |
URGO HOTELS LP
|
|
| Docket Date |
2018-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellee's May 4, 2018 motion to dismiss is denied. However, the court finds that the order appealed did not explicitly adjudicate the counterclaim. Therefore, it is ORDERED that appellants shall obtain and file with this court, within thirty (30) days, a final order that adjudicates the counterclaim and leaves no claims pending, such that the appeal from the original order on the declaratory relief complaint can proceed. Failure to do so will result in sua sponte dismissal. The appeal is stayed until the final order is filed in this court. Further, ORDERED that appellants’ May 2, 2018 motion to stay is granted, and the order appealed is stayed pending the resolution of this appeal.
|
|
|
