| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA009303
|
Parties
| Name |
Enrique Borges
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ralph Mora, Robert Frankel
|
|
| Name |
NAMBA ONE STAR LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Inter Related Construction Services, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Geoffrey D. Ittleman
|
|
Docket Entries
| Docket Date |
2023-08-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-08-08
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Enrique Borges
|
|
| Docket Date |
2023-08-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONSE TO APPELLEES' MOTION TO STAY AND REQUEST FOR ATTORNEYS' FEES AND COSTS AND CROSS-MOTION FOR ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
Enrique Borges
|
|
| Docket Date |
2023-07-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ **MOOT, SEE 08/24/2023 ORDER** AND REQUEST FOR ATTORNEYS FEES AND COSTS
|
| On Behalf Of |
Inter Related Construction Services, Inc.
|
|
| Docket Date |
2023-07-26
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellant’s July 6, 2023 jurisdictional statement.
|
|
| Docket Date |
2023-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's July 13, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within five (5) days after the Court’s entry of an order on jurisdiction. In addition, if the initial brief is 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 |
2023-07-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Enrique Borges
|
|
| Docket Date |
2023-07-06
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Enrique Borges
|
|
| Docket Date |
2023-06-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Enrique Borges
|
|
| Docket Date |
2023-06-22
|
| 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 |
2023-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Enrique Borges
|
|
| Docket Date |
2023-06-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-24
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 8, 2023 notice of voluntary dismissal, it is ORDERED that this appeal is dismissed. Further, ORDERED that the appellees' July 27, 2023 motion to stay is moot, and appellees' July 27, 2023 motion for attorney's fees is granted conditioned on the trial court determining that appellees are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further, ORDERED that the appellant's August 1, 2023 motion for attorney's fees is denied.
|
|
| Docket Date |
2023-06-26
|
| 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 how the May 23, 2023 order is not prematurely appealed, as the lower court states it will hold an evidentiary hearing on the amount of the bond at a special set hearing on Thursday, July 20, 2023. See Zapata v. Howett Holdings, Inc., 107 So. 3d 1190, 1192 (Fla. 3d DCA 2013) (dismissing as premature the appeal of an order which granted partial relief and deferred issuing a final ruling pending an evidentiary hearing). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA009303
|
Parties
| Name |
Enrique Borges
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Robert Frankel, Ralph Mora
|
|
| Name |
NAMBA ONE STAR LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Inter Related Construction Services, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Geoffrey D. Ittleman, Jack C. Morgan III
|
|
| Name |
CREG, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SACHEM CAPITAL CORP.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Herman Zingg
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-21
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2023-07-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Inter Related Construction Services, Inc.
|
|
| Docket Date |
2023-07-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO RESPONDENTS' MOTION FOR ATTORNEYS' FEES AND CROSS-MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
Enrique Borges
|
|
| Docket Date |
2023-06-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 07/06/2023**
|
| On Behalf Of |
Inter Related Construction Services, Inc.
|
|
| Docket Date |
2023-06-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Inter Related Construction Services, Inc.
|
|
| Docket Date |
2023-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Inter Related Construction Services, Inc.
|
|
| Docket Date |
2023-06-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2023-06-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-06-21
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ Filing Fee Paid Through Portal
|
| On Behalf Of |
Enrique Borges
|
|
| Docket Date |
2023-07-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that respondents’ June 26, 2023 motion to dismiss is granted, and the petition for writ of certiorari is dismissed for failure to demonstrate irreparable harm. This order is without prejudice to petitioner seeking review after the court determines the amount of the indemnity bond. See, e.g., Shields v. Schuman, 964 So. 2d 813 (Fla. 4th DCA 2007); S & T Builders v. Globe Props., Inc., 909 So. 2d 375 (Fla. 4th DCA 2005). Further, ORDERED that respondents’ June 26, 2023 motion for attorney’s fees is granted, conditioned on the trial court determining that they are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further, ORDERED that petitioner’s July 6, 2023 motion for attorney’s fees is denied.DAMOORGIAN, CONNER and ARTAU, JJ., concur
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