| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12025285
|
Parties
| Name |
BARRINGTON SPRINGS HOUSE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
INVESTMENTS AUSTRALIA LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAROLINE BRENNAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GEOFFREY WALTER EDELSTEN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robert M. Klein, CARLA T. REECE
|
|
| Name |
RESORT MANAGEMENT LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ALTELS MANAGEMENT LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ISSAC MAWARDI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Limor Mawardi
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RAFAEL MAWARDI
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. David Bogenschutz, ERIC W. NEILSEN, MARGARET Z. VILLELLA, John J. O'Hara, MICHELLE M. NIEMEYER, Justin Infurna, Morgan B. Edelboim, Robert A. Stok, Joshua R. Kon
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GEOFFREY WALTER EDELSTEN
|
|
| Docket Date |
2014-05-16
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2014-05-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-04-14
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Eric W. Neilsen and Joseph Webb have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-04-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ Appellees, Rafael Isaac and Limor Mawardi ("Mawardis") moved for dismissal of this appeal nunc pro tunc or rehearing on the merits. Appellant filed a response to that motion. The basis for Appellees' motion is the assertion that Appellant failed to provide suggestions of bankruptcy to this court pertaining to parties involved in this appeal, and failed to apprise this court of a purported settlement reached between the parties in the underlying action, among other assertions. Paragraph 14 of the Settlement Agreement between the parties, attached as exhibit to the filings herein, states that "[a]ll parties shall make best efforts to abate proceedings until the formal agreements and documents contemplated by this agreement are executed and signed." Therefore, any and all failures of the Appellant as alleged by Appellees appear to be mutual failures by both sides, and not of unilateral obligations for which Appellant is solely responsible. Appellees' Motion to Dismiss this appeal nunc pro tunc or for Rehearing on the merits is denied. The parties are directed to seek redress for their grievances in the bankruptcy court or the lower tribunal.
|
|
| Docket Date |
2014-03-31
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
GEOFFREY WALTER EDELSTEN
|
|
| Docket Date |
2014-03-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
GEOFFREY WALTER EDELSTEN
|
|
| Docket Date |
2014-03-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND/OR MOTION TO DISMISS (DENIED 4/11/14)
|
| On Behalf Of |
RAFAEL MAWARDI
|
|
| Docket Date |
2014-03-19
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Michelle E. Niemeyer, Morgan B. Edelboim and John J. O¿Hara have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-03-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2013-09-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
GEOFFREY WALTER EDELSTEN
|
|
| Docket Date |
2013-09-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
GEOFFREY WALTER EDELSTEN
|
|
| Docket Date |
2013-08-26
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED, the appellants in the above-styled case are hereby directed to file with this Court, and show cause in writing, if any there be, on or before September 5, 2013, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this Court as of this date, pursuant to Fla. R. App. P. 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2013-07-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-07-25
|
| 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, 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 the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2013-07-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
