| 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
502012CA010682XXXMB
|
Parties
| Name |
EATON & WOLK P.L.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Douglas F. Eaton
|
|
| Name |
The Barbara J. Reich Revocable Living Trust
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GARY SMITH LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Barbara J. Reich
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Randi Kahn
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RHK JSR HOLDINGS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PBS RECOVERY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SOMERSET FINANCIAL GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Estate of Jules Reich
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MJRM BOCA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH SOMERSET LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bernard A. Lebedeker, Jeffrey C. Pepin, Thomas J. Gruseck, Andrew M. Moss, Manuel L. Dobrinsky
|
|
| Name |
Hon. Glenn Kelley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-04-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s March 4, 2021 jurisdictional brief and appellee’s March 26, 2021 response, this appeal is dismissed for lack of jurisdiction. The circuit court’s January 19, 2021 “order denying motion for final judgment” is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B) as it does not rule on a request for injunctive relief. See Barber v. Wonderland Greyhound Park, 656 So. 2d 961, 962 (Fla. 5th DCA 1995) (stating that for an order to be reviewable pursuant to Rule 9.130(a)(3)(B), the trial court’s order must rule on a request for injunctive relief). Further, the circuit court’s January 19, 2021 “order denying motion for final judgment” is not appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). See Marina Bay Hotel and Club, Inc. v. McCallum, 733 So. 2d 1133, 1134 (Fla. 4th DCA 1999) (construing Rule 9.130(a)(3)(C)(ii) to allow appeals only of orders which directly determine the immediate right to possession); see also Truist Bank v. De Posada, 307 So. 3d 824, 826 (Fla. 3d DCA 2020) (indicating that when analyzing whether the court has jurisdiction to review a non-final order under Rule 9.130(a)(3)(C), the court should look only to the four corners of the challenged order).FORST, KUNTZ and ARTAU, JJ., concur.
|
|
| Docket Date |
2021-04-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-03-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Somerset, LLC
|
|
| Docket Date |
2021-03-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee's March 15, 2021 motion for extension of time is granted, and the time for filing a response to the jurisdictional brief is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2021-03-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Palm Beach Somerset, LLC
|
|
| Docket Date |
2021-03-04
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Eaton & Wolk, P.L.
|
|
| Docket Date |
2021-02-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-02-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Eaton & Wolk, P.L.
|
|
| Docket Date |
2021-02-22
|
| 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. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eaton & Wolk, P.L.
|
|
| Docket Date |
2021-02-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
