|
52 SW 5th Ct., WHSE, LLC, and BASHAR M. YATAK, Petitioner(s) v. LA PLACITA GROCERY OF FORT PIERCE CORP., Respondent(s).
|
4D2024-3141
|
2024-12-09
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562018CA001444
|
Parties
| Name |
52 SW 5TH CT., WHSE, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Elaine James, Francisco Garcia
|
|
| Name |
Bashar M. Yatak
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
LA PLACITA GROCERY OF FORT PIERCE CORP.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Agustin Rafael Benitez, Francisco Garcia
|
|
| Name |
Hon. Brett Michael Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
St. Lucie Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information within Court Filing
|
|
| Docket Date |
2024-12-09
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-12-09
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
| Docket Date |
2024-12-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).
KLINGENSMITN, C.J., WARNER and LEVINE, JJ., concur.
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| View |
View File
|
|
| Docket Date |
2024-12-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-12-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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| View |
View File
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|
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La Placita Grocery of Fort Pierce Corp., etc., et al., Petitioner(s) v. Basher M. Yatak, et al., Respondent(s)
|
SC2024-0696
|
2024-05-08
|
Open
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2023-1102;
|
Parties
| Name |
LA PLACITA GROCERY OF FORT PIERCE CORP.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Agustin Rafael Benitez
|
|
| Name |
Dilson S. Urribarri
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
52 SW 5TH CT., WHSE, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Brett Michael Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
St. Lucie Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Basher M. Yatak
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Gerald Barnette Cope, Jr., Lorayne Perez, Elaine James, Francisco Garcia, Kristen Marie Fiore
|
|
Docket Entries
| Docket Date |
2024-07-04
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief-Answer)
|
| Description |
Respondents' Unopposed Motion for 10-Day Extension of Time to Submit Response Brief on Jurisdiction
|
| On Behalf Of |
Basher M. Yatak
|
| View |
View File
|
|
| Docket Date |
2024-07-18
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
Respondents' Brief on Jurisdiction
|
| On Behalf Of |
Basher M. Yatak
|
| View |
View File
|
|
| Docket Date |
2024-07-08
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
Respondent's motion for extension of time is granted and respondent is allowed to and including July 19, 2024, in which to serve the jurisdictional answer brief. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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| View |
View File
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|
| Docket Date |
2024-07-03
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| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Basher M. Yatak
|
| View |
View File
|
|
| Docket Date |
2024-05-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Certificate of Service
|
| Description |
Corrected Certificate of Service of Petitioners' Motion for Extension of Time
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp
|
| View |
View File
|
|
| Docket Date |
2024-05-10
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief-Initial)
|
| Description |
Unopposed Motion for Extension of Time
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-05-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp
|
| View |
View File
|
|
| Docket Date |
2024-05-09
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
Acknowledgment Letter-New Case *Corrected fee language on 5/9/24.*
|
| View |
View File
|
|
| Docket Date |
2024-05-08
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
Juris Initial
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp
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| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
Petitioner's motion for extension of time is granted, and petitioner is allowed to and including June 9, 2024, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
All other times will be extended accordingly.
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| View |
View File
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BASHAR M. YATAK and 52 SW 5th CT., WHSE, LLC, Appellant(s) v. LA PLACITA GROCERY OF FORT PIERCE CORP. and DILSON S. URRIBARRI, Appellee(s).
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4D2023-1102
|
2023-05-08
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562017CA001209; 562017CC002110
|
Parties
| Name |
Bashar M. Yatak
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lorayne Perez, Francisco Javier Garcia, Gerald Barnette Cope, Jr., Elaine Johnson James
|
|
| Name |
52 SW 5TH CT., WHSE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LA PLACITA GROCERY OF FORT PIERCE CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Agustin R. Benitez
|
|
| Name |
Dilson S. Urribarri
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Brett M. Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
St. Lucie Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-09
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
SC2024-0696 Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2024-05-08
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2024-04-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order on Motion for Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2024-03-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2024-03-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellees' Motion for Rehearing en Banc and Other Relief
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2024-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-02-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2024-02-12
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2023-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2023-10-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellants' response to appellee La Placita's motion for determination of conditional entitlement to appellate fees
|
|
| Docket Date |
2023-10-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2023-10-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Bashar M. Yatak
|
| View |
View File
|
|
| Docket Date |
2023-10-06
|
| Type |
Record
|
| Subtype |
Appendix to Reply Brief
|
| Description |
Appendix to Reply Brief
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2023-10-05
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellant's September 14, 2023 motion for extension of time is granted in part, and Appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| View |
View File
|
|
| Docket Date |
2023-09-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
REGARDING UNOPPOSED MOTION OF APPELLANTS FOR EXTENSION OF TIME FOR REPLY BRIEF
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2023-09-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2023-08-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2023-08-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees' appendix to the answer brief 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 completely text searchable, 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 |
2023-08-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2023-08-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee La Placita Grocery of Fort Pierce Corp.'s July 14, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before August 21, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2023-07-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2023-06-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2023-06-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2023-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ May 15, 2023 motion for extension of time is granted, and appellants shall serve the initial brief and appendix on or before June 21, 2023. In addition, if the initial brief and appendix are not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-05-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2023-05-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ May 15, 2023 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2023-05-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2023-05-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Bashar M. Yatak
|
|
| Docket Date |
2024-04-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-02-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
APPELLEES' MOTION FOR REHEARING EN BANC TO MAINTAIN UNIFORMITY IN THE COURT'S DECISIONS AND MOTION FOR CERTIFICATION OF CONFLICT WITH OCEANIC VILLAS INC. V. GODSON, 148 FLA. 454, 4 SO. 2D 689 (FLA. 1941), JOHNSON V. DAVIS, 449 So. 2d 344 (Fla. 3d DCA 1984) AND MEJIA V. JURICH, 781 So. 2D 1175 (FLA. 3D DCA 2001) AND MOTION FOR REHEARING
|
|
| Docket Date |
2023-05-08
|
| 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.
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|
ADUH #1, INC., et al. VS LA PLACITA GROCERY OF FORT PIERCE CORP. and DILSON URRIBARRI
|
4D2022-0661
|
2022-03-04
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562017CA001209
|
Parties
| Name |
ADUH #1, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Elaine Johnson James
|
|
| Name |
Bashar M. Yatak
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
52 SW 5TH CT., WHSE, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Dilson S. Urribarri
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LA PLACITA GROCERY OF FORT PIERCE CORP.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Francisco J. Garcia, Agustin R. Benitez
|
|
| Name |
Hon. Laurie E. Buchanan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-13
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
ADUH #1, Inc.
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that petitioners’ July 26, 2022 motion for rehearing or written opinion is denied.
|
|
| Docket Date |
2022-08-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2022-07-26
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
ADUH #1, Inc.
|
|
| Docket Date |
2022-07-11
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the March 4, 2022 petition for writ of certiorari is denied.MAY, DAMOORGIAN and CONNER, JJ., concur.
|
|
| Docket Date |
2022-07-11
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-06-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
ADUH #1, Inc.
|
|
| Docket Date |
2022-06-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioners’ May 28, 2022 motion for extension of time to file a reply is granted, and the time for filing the reply is extended to June 13, 2022.
|
|
| Docket Date |
2022-05-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
ADUH #1, Inc.
|
|
| Docket Date |
2022-05-26
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2022-05-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that respondents’ 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 fully text searchable, 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 |
2022-05-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2022-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent’s May 16, 2022 motion for extension of time is granted, and the time for filing a response is extended to May 23, 2022. It is further ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2022-05-23
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **STRICKEN**
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2022-05-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2022-05-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ **AMENDED ORDER ISSUED**ORDERED that respondents' May 13, 2022 response 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. Further,ORDERED that respondents' response is also stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-05-13
|
| 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 |
La Placita Grocery of Fort Pierce Corp.
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondents shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioners may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2022-03-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2022-03-04
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
ADUH #1, Inc.
|
|
| Docket Date |
2022-03-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2022-03-04
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
|
|
DILSON S. URRIBARI and LA PLACITA GROCERY OF FORT PIERCE CORP. VS 52 SW 5TH CT WHSE, LLC
|
4D2018-1539
|
2018-05-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
2017CA001209
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
2017-CC-2110
|
Parties
| Name |
DILSON S. URRIBARI
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
William D. Mueller, W. Aaron Daniel, Agustin R. Benitez, Elliot B. Kula
|
|
| Name |
LA PLACITA GROCERY OF FORT PIERCE CORP.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
52 SW 5TH CT., WHSE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Elaine Johnson James
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-06-05
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **VACATED PER 7/25/2018 ORDER** CONSOLIDATED WITH 18-1417 FOR THE PURPOSE OF DESIGNATION TO THE SAME APPELLATE PANEL. SEE 06/05/2018 ORDER.
|
|
| Docket Date |
2019-04-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-04-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-04-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellees’ April 4, 2019 motion for rehearing is denied.
|
|
| Docket Date |
2019-04-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
DILSON S. URRIBARI
|
|
| Docket Date |
2019-04-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
52 SW 5TH CT WHSE, LLC
|
|
| Docket Date |
2019-03-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2019-03-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellee's November 19, 2018 motion for attorneys' fees and costs is denied.
|
|
| Docket Date |
2018-12-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
DILSON S. URRIBARI
|
|
| Docket Date |
2018-11-21
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
52 SW 5TH CT WHSE, LLC
|
|
| Docket Date |
2018-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee's November 20, 2018 motion to supplement the record is granted, and the record is supplemented to include the transcript of the March 19, 2018 hearing. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2018-11-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
52 SW 5TH CT WHSE, LLC
|
|
| Docket Date |
2018-11-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
52 SW 5TH CT WHSE, LLC
|
|
| Docket Date |
2018-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
52 SW 5TH CT WHSE, LLC
|
|
| Docket Date |
2018-11-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
52 SW 5TH CT WHSE, LLC
|
|
| Docket Date |
2018-11-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
| On Behalf Of |
52 SW 5TH CT WHSE, LLC
|
|
| Docket Date |
2018-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
52 SW 5TH CT WHSE, LLC
|
|
| Docket Date |
2018-11-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 7 DAYS TO 11/20/18
|
|
| Docket Date |
2018-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's October 10, 2018 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 13, 2018. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2018-10-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
52 SW 5TH CT WHSE, LLC
|
|
| Docket Date |
2018-09-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DILSON S. URRIBARI
|
|
| Docket Date |
2018-09-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 4 DAYS TO 9/14/18
|
|
| Docket Date |
2018-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
DILSON S. URRIBARI
|
|
| Docket Date |
2018-08-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
DILSON S. URRIBARI
|
|
| Docket Date |
2018-08-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 14 DAYS TO 9/10/18
|
|
| Docket Date |
2018-08-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1493 PAGES)
|
|
| Docket Date |
2018-07-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED, on the Court's own motion, that this Court's June 5, 2018 order consolidating this case with 4D18-1539 for panel purposes is vacated.
|
|
| Docket Date |
2018-07-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/27/18
|
|
| Docket Date |
2018-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
DILSON S. URRIBARI
|
|
| Docket Date |
2018-06-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ **VACATED PER 7/25/2018 ORDER** Upon consideration of appellants' May 29, 2018 response, it is ORDERED that appellee's May 25, 2018 motion to consolidate appeals is granted in part, and case numbers 4D18-1417 and 4D18-1539 are consolidated for the purpose of designation to the same appellate panel.
|
|
| Docket Date |
2018-05-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO CONSOLDIATE APPEALS
|
| On Behalf Of |
DILSON S. URRIBARI
|
|
| Docket Date |
2018-05-29
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
DILSON S. URRIBARI
|
|
| Docket Date |
2018-05-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
52 SW 5TH CT WHSE, LLC
|
|
| Docket Date |
2018-05-21
|
| 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. 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 |
2018-05-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DILSON S. URRIBARI
|
|
| Docket Date |
2018-05-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
