R AND B TOBACCO, LLC VS DEPT. OF BUSINESS & PROFESSIONAL REG.
|
4D2017-0377
|
2017-02-07
|
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
2014CA003166
|
Parties
Name |
R AND B TOBACCO, LLC
|
Role |
Petitioner
|
Status |
Active
|
Representations |
JOSEPH CALVIN MOFFA, JAMES MCAULEY, GERALD J. DONNINI
|
|
Name |
Department of Business & Professional Regulation
|
Role |
Respondent
|
Status |
Active
|
Representations |
Elizabeth Teegen
|
|
Name |
HON. THOMAS H. BARKDULL, I I I
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-02-17
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of mandamus is dismissed without prejudice for petitioner to seek an appropriation from the Legislature, if it has not already done so, or to file a complaint for mandamus in the circuit court. See § 11.066(3), Fla. Stat. (2016); Fla. R. Civ. P. 1.630; Bogorff v. Florida Dept. of Agric. & Consumer Services, 191 So. 3d 512, 515 (Fla. 4th DCA 2016).
|
|
Docket Date |
2017-02-17
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2017-02-08
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus / Acknowledgment letter
|
|
Docket Date |
2017-02-08
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, 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, must be filed 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 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.
|
|
Docket Date |
2017-02-07
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
R AND B TOBACCO, LLC
|
|
Docket Date |
2017-02-07
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus
|
On Behalf Of |
R AND B TOBACCO, LLC
|
|
Docket Date |
2017-02-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
DEPT. OF BUSINESS & PROFESSIONAL REG., DIV. OF ALCOHOLIC BEV. & TOBACCO VS R AND B TOBACCO, LLC
|
4D2016-4025
|
2016-11-30
|
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
2014 CA 3166
|
Parties
Name |
Department of Business & Professional Regulation
|
Role |
Appellant
|
Status |
Active
|
Representations |
Elizabeth Teegen
|
|
Name |
DIVISION OF ALCOHOLIC BEV. & TOBACCO
|
Role |
Appellant
|
Status |
Active
|
|
Name |
R AND B TOBACCO, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
GERALD J. DONNINI
|
|
Name |
HON. THOMAS H. BARKDULL, I I I
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-12-21
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed as Untimely ~ Upon consideration of appellant's December 15, 2016 response to this court's December 2, 2016 order, the court finds that the appeal is untimely. The order appealed was rendered on October 24, 2016, and the notice of appeal was not filed until November 28, 2016. The 30th day was November 23, 2016. ORDERED that this appeal is dismissed.WARNER, CONNER and KLINGENSMITH, JJ., concur.
|
|
Docket Date |
2016-12-21
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2016-12-15
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO ORDER OF DECEMBER 2, 2016
|
On Behalf Of |
Department of Business & Professional Regulation
|
|
Docket Date |
2016-12-02
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on November 28, 2016, and the Notice reflects October 24, 2016, as the date of the order being appealed.ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined.ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
|
|
Docket Date |
2016-12-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-11-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Department of Business & Professional Regulation
|
|
Docket Date |
2016-11-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF:Not Required
|
|
|