| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2004CA006138XXXXMBAO
|
Parties
| Name |
HABERMIL HOLDINGS, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Stephen Rakusin
|
|
| Name |
Stewart Tilghman Fox & Bianchi, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Amy A. Hinkler, Charles W. Throckmorton, Michael J. Pike, Detra Shaw-Wilder, DARIN J. LENTNER, John P. Seiler, Laura M. Watson
|
|
| Name |
WILLIAM C. HEARON, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TODD S. STEWART, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-01-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the petitioner's December 21, 2016 motion for rehearing and rehearing en banc is denied.
|
|
| Docket Date |
2017-01-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING AND MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
Stewart Tilghman Fox & Bianchi, P.A.
|
|
| Docket Date |
2016-12-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
HABERMIL HOLDINGS, LLC
|
|
| Docket Date |
2016-12-06
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2016-12-06
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the petition for writ of prohibition, mandamus, or certiorari is denied on the merits. The law is well-settled that the discovery issues in these proceedings supplementary could be referred to a magistrate even over objection. Calderon v. Kalb, 963 So. 2d 857, 857 (Fla. 3d DCA 2007). The Florida Supreme Court made clear when it created Florida Rule of Civil Procedure 1.490(c) that consent is not required when the use of a magistrate is provided for by statute. In re Amendments to Rules of Civil Procedure, 458 So. 2d 245, 246 (Fla. 1984). We exercise our discretion and decline to exercise extraordinary writ jurisdiction over any of the numerous other issues raised in the petition.GROSS, TAYLOR and GERBER, JJ., concur.
|
|
| Docket Date |
2016-11-04
|
| 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 |
2016-11-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2016-11-04
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
HABERMIL HOLDINGS, LLC
|
|
| Docket Date |
2016-11-03
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
HABERMIL HOLDINGS, LLC
|
|
| Docket Date |
2016-11-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
