|
Universal Property & Casualty Insurance Company, Petitioner(s) v. Gary Smith, et al., Respondent(s)
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SC2024-1741
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2024-12-06
|
Open
|
|
| Classification |
Discretionary Review - Notice to Invoke - Dual Basis Combination
|
| Court |
Supreme Court of Florida
|
| Originating Court |
5th District Court of Appeal
5D2023-3381;
|
Parties
| Name |
UNIVERSAL PROPERTY & CASUALTY INSURANCE COMPANY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Dinah Stein, Aneta Kozub McCleary, Jeremy David Bailie
|
|
| Name |
GARY SMITH LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Grant Krapf, Lauren McCarty Stevens
|
|
| Name |
Nadine Smith
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. George Thomas Paulk, II
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Brevard Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
5DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-12
|
| Type |
Event
|
| Subtype |
Stay Started
|
| Description |
Universal Property & Casualty Insurance v. Hughes, Case No. SC2024-0025
|
|
| Docket Date |
2024-12-12
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (Tag Case)
|
| Description |
The proceedings in this Court in the above case are hereby stayed pending disposition of Universal Property & Casualty Insurance v. Hughes, Case No. SC2024-0025, which is pending in this Court.
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| View |
View File
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| Docket Date |
2024-12-10
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| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-12-10
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Universal Property & Casualty Insurance Company
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| View |
View File
|
|
| Docket Date |
2024-12-09
|
| Type |
Letter-Case (SC)
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| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
The Florida Supreme Court has received the Invoke Discretionary Jurisdiction (Cert. Direct Conflict/Direct Conflict of Decisions)
reflecting a filing date of December 6, 2024, seeking review of opinion dated November 8, 2024.
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| View |
View File
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| Docket Date |
2024-12-06
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| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction (Cert. Direct Conflict/Direct Conflict of Decisions)
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| Description |
Invoke Discretionary Jurisdiction (Cert. Direct Conflict/Direct Conflict of Decisions)
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| View |
View File
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THOMAS J. GRUSECK, ESQ., Petitioner(s) v. PALM BEACH SOMERSET, et al., Respondent(s).
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4D2024-1861
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2024-07-19
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Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA010682XXX
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Parties
| Name |
Thomas Joseph Gruseck
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
PALM BEACH SOMERSET LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Gerald Frederick Richman
|
|
| Name |
GARY SMITH LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Bradley G. Harper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-07
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| View |
View File
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|
| Docket Date |
2024-07-22
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-22
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
|
| Docket Date |
2024-07-22
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
| Docket Date |
2024-07-22
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes (2023), did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED. ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes (2023), must be filed in this Court within ten (10) days from the date of the entry 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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| View |
View File
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Gary Smith and Nadine Smith, Appellant(s) v. Universal Property and Casualty Insurance Company, Appellee(s).
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5D2023-3381
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2023-11-16
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
2022-CA-023277
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Parties
| Name |
Nadine Smith
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Sandford Blaine Kinne, Jeremy David Bailie
|
|
| Name |
UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Andrew Noel, Dinah Stein
|
|
| Name |
Hon. George T. Paulk
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Brevard
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
GARY SMITH LLC
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Jeremy David Bailie, Grant William Krapf, Sandford Blaine Kinne
|
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Docket Entries
| Docket Date |
2024-11-08
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
|
| Description |
REVERSED ADN REMANDED; CONFLICT CERTIFIED
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| View |
View File
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| Docket Date |
2024-10-28
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Nadine Smith
|
|
| Docket Date |
2024-09-27
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice OF NON-REPRESENTATION "OF DISASSOCIATION OF COUNSEL"
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| On Behalf Of |
Universal Property and Casualty Insurance Company
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|
| Docket Date |
2024-09-27
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
|
| On Behalf Of |
Universal Property and Casualty Insurance Company
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| View |
View File
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|
| Docket Date |
2024-09-27
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Universal Property and Casualty Insurance Company
|
|
| Docket Date |
2024-09-04
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Universal Property and Casualty Insurance Company
|
|
| Docket Date |
2024-08-28
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion for Leave
|
| On Behalf Of |
Universal Property and Casualty Insurance Company
|
|
| Docket Date |
2024-08-28
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| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion for Leave to File Untimely Answer Brief
|
| On Behalf Of |
Universal Property and Casualty Insurance Company
|
|
| Docket Date |
2024-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Universal Property and Casualty Insurance Company
|
|
| Docket Date |
2024-04-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT
|
|
| Docket Date |
2024-02-13
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Gary Smith
|
|
| Docket Date |
2024-02-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Gary Smith
|
|
| Docket Date |
2023-12-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 633 PAGES
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2023-12-05
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| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation
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|
| Docket Date |
2023-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Gary Smith
|
|
| Docket Date |
2023-11-30
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| Type |
Mediation
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| Subtype |
Confidential Statement
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| Description |
Confidential Statement ~ AA Jeremy David Bailie 0118558
|
| On Behalf Of |
Gary Smith
|
|
| Docket Date |
2023-11-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL ~ MFC: 9649450
|
|
| Docket Date |
2023-11-17
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Mediation Letter to Counsel
|
|
| Docket Date |
2023-11-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 11/13/2023
|
| On Behalf Of |
Gary Smith
|
|
| Docket Date |
2023-11-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-12-12
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order SC24-1741 - Case Stayed
|
|
| Docket Date |
2024-12-09
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court- SC24-1741
|
|
| Docket Date |
2024-12-06
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
| On Behalf Of |
Universal Property and Casualty Insurance Company
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| View |
View File
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|
| Docket Date |
2024-12-04
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-12-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees; AAS' MOT GRANTED; AE MOT DENIED
|
| View |
View File
|
|
| Docket Date |
2024-09-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Order on Motion For Leave To File Amended Brief; MOT GRANTED; AB BY 9/26
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| View |
View File
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EATON & WOLK, P.L. VS PALM BEACH SOMERSET, LLC, et al.
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4D2021-1605
|
2021-05-13
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA010682XXXXMB (AE)
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Parties
| Name |
Eaton & Wolk PL
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Douglas F. Eaton
|
|
| Name |
PALM BEACH SOMERSET LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jeffrey C. Pepin, Andrew M. Moss, Thomas J. Gruseck, Bernard A. Lebedeker, Manuel L. Dobrinsky
|
|
| Name |
GARY SMITH LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Glenn Kelley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-10-08
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
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|
| Docket Date |
2021-10-08
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| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Mandamus ~ ORDERED that the petition for writ of mandamus is denied. A writ of mandamus may be issued to compel the trial court to enter a final judgment, where entry of the final judgment is a ministerial task and there is no room for discretion. Polley v. Gardner, 98 So. 3d 648, 649 (Fla. 1st DCA 2012). Petitioner has not established that entry of a final judgment merely involves a ministerial duty under the facts of this case. Further,ORDERED that petitioner’s June 21, 2021 motion for attorney’s fees is denied.CONNER, C.J., WARNER and GROSS, JJ., concur.
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|
| Docket Date |
2021-08-11
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Eaton & Wolk PL
|
|
| Docket Date |
2021-08-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Eaton & Wolk PL
|
|
| Docket Date |
2021-08-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that Petitioner's August 5, 2021 motion for extension of time is granted. The time for filing a reply is extended to August 11, 2021.
|
|
| Docket Date |
2021-08-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Eaton & Wolk PL
|
|
| Docket Date |
2021-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's July 2, 2021 motion is granted. The time for filing a reply is extended to August 5, 2021.
|
|
| Docket Date |
2021-07-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Eaton & Wolk PL
|
|
| Docket Date |
2021-06-28
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ AMENDED
|
| On Behalf Of |
Palm Beach Somerset, LLC
|
|
| Docket Date |
2021-06-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that respondent's June 25, 2021 appendix to the response 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 contains bookmarks which are not 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 |
2021-06-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Palm Beach Somerset, LLC
|
|
| Docket Date |
2021-06-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **STRICKEN**
|
| On Behalf Of |
Palm Beach Somerset, LLC
|
|
| Docket Date |
2021-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's June 21, 2021 motion is granted. The time for filing a response is extended to June 25, 2021.
|
|
| Docket Date |
2021-06-21
|
| 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 |
2021-06-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Eaton & Wolk PL
|
|
| Docket Date |
2021-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondents' June 14, 2021 motion is granted. The time for filing a response is extended to June 21, 2021.
|
|
| Docket Date |
2021-06-14
|
| 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 |
2021-06-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's June 8, 2021 motion is granted. The time for filing a response is extended to June 14, 2021.
|
|
| Docket Date |
2021-06-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ AMENDED
|
| On Behalf Of |
Palm Beach Somerset, LLC
|
|
| Docket Date |
2021-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that respondent's June 7, 2021 motion for extension of time 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 |
2021-06-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ **STRICKEN**
|
| On Behalf Of |
Palm Beach Somerset, LLC
|
|
| Docket Date |
2021-05-18
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2021-05-14
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ AMENDED
|
| On Behalf Of |
Eaton & Wolk PL
|
|
| Docket Date |
2021-05-14
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus / Acknowledgment letter
|
|
| Docket Date |
2021-05-13
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
| Docket Date |
2021-05-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2021-05-13
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Eaton & Wolk PL
|
|
|
|
EATON & WOLK, P.L. VS PALM BEACH SOMERSET, LLC, et al.
|
4D2021-0851
|
2021-02-18
|
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
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
|
|
|
|
VALERIE SMITH VS GARY SMITH
|
2D2015-5624
|
2015-12-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2014-DR-2139
|
Parties
| Name |
VALERIE SMITH
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RYAN M. TARNOW, ESQ., HERMAN H. TARNOW, ESQ.
|
|
| Name |
GARY SMITH LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DALE W. KLAUS, JR.,ESQ.
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-02-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2016-02-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-02-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
VALERIE SMITH
|
|
| Docket Date |
2016-01-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ GREIDER **FTP**
|
|
| Docket Date |
2016-01-08
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
deny motion until fee satisfied ~ MBK- motion for extension of time to file the record
|
|
| Docket Date |
2016-01-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
| On Behalf Of |
VALERIE SMITH
|
|
| Docket Date |
2016-01-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2016-01-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2015-12-16
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
order appealed
|
|
| Docket Date |
2015-12-16
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2015-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
VALERIE SMITH
|
|
|
|
VALERIE SMITH VS GARY SMITH
|
2D2015-3307
|
2015-07-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2014-DR-2139
|
Parties
| Name |
VALERIE SMITH
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
HERMAN H. TARNOW, ESQ.
|
|
| Name |
GARY SMITH LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DALE W. KLAUS, JR.,ESQ.
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-12-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-12-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2015-12-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
VALERIE SMITH
|
|
| Docket Date |
2015-12-21
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ MBK-IB 20 or this case may be dismissed without further notice
|
|
| Docket Date |
2015-08-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ GREIDER
|
|
| Docket Date |
2015-07-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2015-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
VALERIE SMITH
|
|
| Docket Date |
2015-07-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-07-23
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
|
