| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-013721
|
Parties
| Name |
HOLLYWOOD PARK APARTMENTS WEST, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Melissa Ann Giasi, John M. Bernazzoli, Erin M. Berger
|
|
| Name |
City of Hollywood, Florida
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kendra Breeden, Douglas R. Gonzales, John Wien
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-01-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-11
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion
|
|
| Docket Date |
2022-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ **VACATED, SEE 09/27/2022 ORDER**ORDERED that respondent's August 15, 2022 motion for extension of time to file a response is granted, and respondent's August 15, 2022 response is deemed filed.
|
|
| Docket Date |
2022-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
City of Hollywood, Florida
|
|
| Docket Date |
2022-08-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ **TREATED AS A DUPLICATE REQUEST FOR EXTENSION OF TIME TO RESPOND TO THIS COURT'S JULY 26, 2022 ORDER. SEE SEPTEMBER 27, 2022 ORDER.**
|
| On Behalf Of |
City of Hollywood, Florida
|
|
| Docket Date |
2022-07-26
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that, within twenty (20) days from the date of this order, respondent shall file a response and show cause why the petition for writ of prohibition should not be granted. This order stays further proceedings in the lower tribunal. Fla. R. App. P. 9.100(h). Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2022-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Hollywood Park Apartments West, LLC
|
|
| Docket Date |
2022-06-06
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Hollywood Park Apartments West, LLC
|
|
| Docket Date |
2022-06-06
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2022-06-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2022-08-26
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Hollywood Park Apartments West, LLC
|
|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED that this court sua sponte vacates its order of August 16, 2022 that deemed “as filed” City of Hollywood’s response to this court’s order to show cause. We view the August 15, 2022 response filed at 5:44 pm as a duplicate request for extension of time to respond to this court’s July 26, 2022 order to show cause. Accordingly, within ten (10) days of this order, respondent City of Hollywood shall file its response and show cause why the petition for writ of prohibition should not be granted. Respondent shall furnish this court with a copy of the May 25, 2022 hearing transcript if it is available. Petitioner may file a reply within ten (10) days of service of the response.
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-013721 (03)
|
Parties
| Name |
HOLLYWOOD PARK APARTMENTS WEST, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Melissa Ann Giasi, John M. Bernazzoli, Erin M. Berger
|
|
| Name |
City of Hollywood, Florida
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kendra Breeden
|
|
| Name |
Hon. Nicholas Lopane
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-06-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 1, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-06-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Hollywood Park Apartments West, LLC
|
|
| Docket Date |
2022-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Hollywood Park Apartments West, LLC
|
|
| Docket Date |
2022-05-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
City of Hollywood, Florida
|
|
| Docket Date |
2022-05-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellant’s April 14, 2022 statement explaining subject matter jurisdiction is treated as a motion to relinquish jurisdiction. Further, ORDERED that by Noon on Wednesday, May 18, 2022, appellee shall file a response to appellant’s April 14, 2022 statement explaining subject matter jurisdiction, appellant’s May 13, 2022 motion for emergency relief, and appellant’s May 16, 2022 request for emergency treatment. See Shamrock Jewelers, Inc. v. Schillaci, 126 So. 3d 1073 (Fla. 4th DCA 2011).
|
|
| Docket Date |
2022-05-16
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Hollywood Park Apartments West, LLC
|
|
| Docket Date |
2022-05-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **DENIED, SEE 05/19/2022 ORDER** EMERGENCY
|
| On Behalf Of |
Hollywood Park Apartments West, LLC
|
|
| Docket Date |
2022-04-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ **TREATED AS A MOTION TO RELINQUISH JURISDICTION. SEE 05/16/2022 ORDER.** STATEMENT EXPLAINING COURT'S SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
Hollywood Park Apartments West, LLC
|
|
| Docket Date |
2022-04-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-04-01
|
| 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 |
2022-04-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Hollywood Park Apartments West, LLC
|
|
| Docket Date |
2022-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Hollywood Park Apartments West, LLC
|
|
| Docket Date |
2022-03-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that, upon consideration of appellee’s May 18, 2022 response, appellant’s April 14, 2022 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days for the limited purpose of determining whether the trial court’s February 28, 2022 order was intended to be a final order, and if so, entering a final judgment. See Shamrock Jewelers, Inc. v. Schillaci, 126 So. 3d 1073, 1075 (Fla. 4th DCA 2011). 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. Further, ORDERED that appellant’s May 13, 2022 motion for emergency relief is denied without prejudice to seeking a motion for review after the trial court has ruled on the pending motion to stay. Fla. R. App. P. 9.310(f).
|
|
| Docket Date |
2022-04-05
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address whether there are any interrelated claims currently pending between the parties, and if not, how the February 28, 2022 order is an appealable final order, as it appears the order merely grants a motion for summary judgment. See Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011) ("It is a long-held policy of the courts of this state that piecemeal appeals are not permitted where claims are 'legally interrelated and in substance involve the same transaction.'") (quoting Mendez v. W. Flagler Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974)); Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."). Further,Appellee may file a response within ten (10) days of service of that statement.
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