Docket Date |
2020-04-22
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Type |
Order
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Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
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Description |
Order Denying Rehearing Interim Order ~ ORDERED that petitioners’ April 13, 2020 motion for rehearing is denied.DAMOORGIAN and CONNER, JJ., concur.WARNER, J., dissents.I would grant rehearing on the production of documents and information regarding petitioners’ bank accounts, as this compels the production of private personal information, just as the production of petitioners’ tax returns does.
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Docket Date |
2020-04-13
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Type |
Post-Disposition Motions
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Subtype |
Motion for Rehearing
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Description |
Motion For Rehearing/Interim Order
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On Behalf Of |
Phil Neiss
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Docket Date |
2020-03-30
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Type |
Order
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Subtype |
Order on Motion For Attorney's Fees
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Description |
Deny Attorney's Fees ~ ORDERED that petitioners’ March 16, 2020 motion for attorney’s fees is denied.
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Docket Date |
2020-03-30
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Type |
Disposition
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Subtype |
Granted in Part/Denied in Part
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Description |
Granted in Part/Denied in Part - Order by Judge
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Docket Date |
2020-03-16
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
Phil Neiss
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Docket Date |
2020-03-16
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Type |
Response
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Subtype |
Reply to Response
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Description |
Reply to Response
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On Behalf Of |
Phil Neiss
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Docket Date |
2020-03-10
|
Type |
Record
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Subtype |
Appendix to Response
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Description |
Appendix to Response
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On Behalf Of |
Zachary Kartez
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Docket Date |
2020-03-05
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Type |
Response
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Subtype |
Response
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Description |
Response
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On Behalf Of |
Zachary Kartez
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Docket Date |
2020-03-05
|
Type |
Record
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Subtype |
Appendix to Response
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Description |
Appendix to Response
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On Behalf Of |
Zachary Kartez
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Docket Date |
2020-02-11
|
Type |
Order
|
Subtype |
Order Striking Filing
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Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioners’ appendix to the corrected petition for writ of certiorari 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 consecutively paginated, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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Docket Date |
2020-02-11
|
Type |
Record
|
Subtype |
Appendix to Petition
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Description |
Appendix to Petition ~ CORRECTED
|
On Behalf Of |
Phil Neiss
|
|
Docket Date |
2020-02-10
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Phil Neiss
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|
Docket Date |
2020-02-10
|
Type |
Petition
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Subtype |
Petition Certiorari
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Description |
Petition for Certiorari Filed ~ CORRECTED
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On Behalf Of |
Phil Neiss
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|
Docket Date |
2020-02-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
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Docket Date |
2020-02-07
|
Type |
Order
|
Subtype |
Order Striking Filing
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Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioners' appendix to the Petition for Writ of Certiorari 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 paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, was not bookmarked in compliance with Rule 9.220(c)(3), and contains condensed transcripts. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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Docket Date |
2020-02-06
|
Type |
Petition
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Subtype |
Petition Certiorari
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Description |
Petition for Certiorari Filed ~ **FILING FEE PAID THROUGH PORTAL**
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On Behalf Of |
Phil Neiss
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|
Docket Date |
2020-02-06
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
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Docket Date |
2020-02-06
|
Type |
Record
|
Subtype |
Appendix to Petition
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Description |
Appendix to Petition ~ **FILING FEE PAID THROUGH PORTAL** **STRICKEN**
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Docket Date |
2020-03-30
|
Type |
Disposition by Order
|
Subtype |
Granted
|
Description |
Order-Original Proceeding Granted ~ ORDERED that, having considered the response and reply to this court’s order to show cause, the petition for writ of certiorari is granted in part. The discovery order at issue is quashed to the extent it compels discovery of petitioner’s personal tax documents. Consistent with the trial court’s oral ruling, discovery of petitioner’s tax returns shall be limited to the K-1 forms for Petitioner/Defendant A Plus Resource Group LLC. Our holding is without prejudice to Respondent to establish that petitioner’s complete tax returns and 1099 and W2 forms for particular years are relevant and calculated to lead to the discovery of admissible evidence in this litigation. Elsner v. E-Commerce Coffee Club, 126 So. 3d 1261, 1263 (Fla. 4th DCA 2013).WARNER, DAMOORGIAN and CONNER, JJ., concur.
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Docket Date |
2020-03-06
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Type |
Order
|
Subtype |
Order Striking Filing
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Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that respondents’ appendix to the March 5, 2020 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 paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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Docket Date |
2020-02-14
|
Type |
Order
|
Subtype |
Order to Show Cause
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Description |
Order to Show Cause ~ ORDERED that, within twenty (20) days of this order, respondent shall file a response to the petition and show cause why the relief requested should not be granted as to the first request for production items 44 and 45 – which require production of all 1099 and W-2 forms to or by petitioner Neiss since 2009. As to the tax returns requested in item 46, respondent shall show cause why the order should not be clarified to be consistent with the court’s oral ruling limiting the discovery to the K-1 forms from the business at issue in this dispute. No departure from the essential requirements of law is shown as to the discovery concerning bank accounts and records where money from the businesses at issue in this case are held. Petitioner may file a reply within ten (10) days thereafter. The parties may agree to an order clarifying the discovery and shall immediately inform this court if this matter has become moot. The order finding entitlement to attorney’s fees as a sanction is not subject to review at this time. State Farm Auto. Ins. Co. v. Bravender, 700 So. 2d 796, 797 (Fla. 4th DCA 1997). If necessary, petitioner may seek review from a final, executable order that determines the amount and actually awards fees. See Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994).
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