ANNE SCOTT, Petitioner(s) v. PHILIP T. FELDSINE, et al., Respondent(s).
|
4D2024-0898
|
2024-04-05
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
2023CA000960
|
Parties
Name |
Philip T. Feldsine
|
Role |
Respondent
|
Status |
Active
|
Representations |
Ethan Jerome Loeb, Cynthia Georgette Angelos, Elliot Parker Haney, Steven Geoffrey Gieseler
|
|
Name |
Jupiter Island Compound LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Ethan Jerome Loeb, Cynthia Georgette Angelos, Steven Geoffrey Gieseler
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Ethan Jerome Loeb, Cynthia Georgette Angelos, Steven Geoffrey Gieseler
|
|
Name |
Emmet Smith
|
Role |
Respondent
|
Status |
Active
|
Representations |
Howard Heims, Virginia Pitt Sherlock
|
|
Name |
Martin Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Anne Scott
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Shai Ozery, Howard Preston Clark, III, Robert N. Hartsell, Christopher J. Stearns, Jr., Hudson Carter Gill, Damian H Albert
|
|
Docket Entries
Docket Date |
2024-05-22
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE IN OPPOSITION TO PETITIONER'S MOTION FOR STAY
|
|
Docket Date |
2024-05-21
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
ORDERED that this court sua sponte consolidates the above-styled cases for panel review. Further, ORDERED that Petitioner's May 10, 2024 motion for stay is denied. Further, ORDERED that the petition for writ of certiorari is denied without prejudice to petitioner seeking relief in the trial court to limit the scope of discovery.
|
View |
View File
|
|
Docket Date |
2024-05-11
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
|
Docket Date |
2024-04-09
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
|
|
Docket Date |
2024-04-09
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-04-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-04-09
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
|
Docket Date |
2024-04-09
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition Certiorari
|
|
Docket Date |
2024-04-09
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
|
EMMET CARTER SMITH, Petitioner(s) v. PHILIP T. FELDSINE, et al., Respondent(s).
|
4D2024-0820
|
2024-04-02
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432023CA000960
|
Parties
Name |
Emmet C. Smith
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Howard Heims, Virginia Pitt Sherlock
|
|
Name |
Philip T. Feldsine
|
Role |
Respondent
|
Status |
Active
|
Representations |
Ethan Jerome Loeb, Cynthia Georgette Angelos, Elliot Parker Haney, Steven Geoffrey Gieseler, Nicholas Michael Gieseler
|
|
Name |
Jupiter Island Compound, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Damian H Albert, Hudson Carter Gill
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Penelope Townsend
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Peter Townsend
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Michael Joseph McNicholas
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Martin Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-05-14
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
Appendix in Support of Respondents Philip T. Feldsine, Jupiter Island Compound, LLC & Dolphin Suite, LLC's Response in Opposition to Petitioner's Motion for Stay
|
On Behalf Of |
Philip T. Feldsine
|
|
Docket Date |
2024-05-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response in Opposition to Petitioner's Motion for Stay
|
On Behalf Of |
Philip T. Feldsine
|
|
Docket Date |
2024-05-09
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
|
Docket Date |
2024-04-09
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
|
On Behalf Of |
Emmet C. Smith
|
|
Docket Date |
2024-04-04
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Emmet C. Smith
|
|
Docket Date |
2024-04-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-04-02
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-04-02
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-04-02
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
|
Docket Date |
2024-04-02
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition Certiorari
|
|
Docket Date |
2024-05-21
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
ORDERED that this court sua sponte consolidates the above-styled cases for panel review. Further, ORDERED that Petitioner's May 9, 2024 motion for stay is denied. Further, ORDERED that the petition for writ of certiorari is denied without prejudice to petitioner seeking relief in the trial court to limit the scope of discovery.
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View |
View File
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ADENA TESTA, individually and as co-trustee of the MICHAEL DAVID TESTA REVOCABLE TRUST, Appellant(s) v. TOWN OF JUPITER ISLAND and DOLPHIN SUITE, LLC, Appellee(s).
|
4D2024-0366
|
2024-02-12
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432023CA001310
|
Parties
Name |
Michael David Testa Revocable Trust
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Town of Jupiter Island
|
Role |
Appellee
|
Status |
Active
|
Representations |
Joanne O'Connor, Thomas Jay Baird, Lainey Williams Francisco
|
|
Name |
Martin Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Michael Joseph McNicholas
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Adena Testa
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jesse Michael Panuccio, Stuart Harold Singer, James Michael Grippando, Jason Harrison Hilborn
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Ethan Jerome Loeb, Cynthia Georgette Angelos, Elliot Parker Haney, Nicholas Michael Gieseler, Steven Geoffrey Gieseler, Jalen Andrew LaRubbio
|
|
Docket Entries
Docket Date |
2024-08-21
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-08-21
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-08-02
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address
|
|
Docket Date |
2024-07-31
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed
|
View |
View File
|
|
Docket Date |
2024-04-09
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
Adena Testa
|
View |
View File
|
|
Docket Date |
2024-04-04
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Dolphin Suite, LLC
|
View |
View File
|
|
Docket Date |
2024-04-02
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal - 538 pages
|
On Behalf Of |
Martin Clerk
|
|
Docket Date |
2024-03-22
|
Type |
Notice
|
Subtype |
Notice of Filing No Answer Brief
|
Description |
Appellee Town of Jupiter Island's Notice That Answer Brief Will Not Be Filed
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2024-03-20
|
Type |
Order
|
Subtype |
Order on Motion to Expedite
|
Description |
Order on Motion to Expedite
|
View |
View File
|
|
Docket Date |
2024-03-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Appellee Town of Jupiter Island's Response to Appellant's Motion to Expedite Appeal
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2024-03-12
|
Type |
Order
|
Subtype |
Order on Motion to Expedite
|
Description |
Order on Motion to Expedite
|
View |
View File
|
|
Docket Date |
2024-03-06
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
Adena Testa
|
|
Docket Date |
2024-03-06
|
Type |
Motions Other
|
Subtype |
Motion To Expedite
|
Description |
Motion To Expedite
|
|
Docket Date |
2024-02-22
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
Order on Consolidation
|
View |
View File
|
|
Docket Date |
2024-02-21
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
Adena Testa
|
|
Docket Date |
2024-02-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Adena Testa
|
View |
View File
|
|
Docket Date |
2024-02-14
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
|
On Behalf Of |
Adena Testa
|
|
Docket Date |
2024-02-13
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-02-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-02-12
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
|
|
Docket Date |
2024-02-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
|
PETER TOWNSEND and PENELOPE "PENNY" TOWNSEND, Petitioner(s) v. PHILIP T. FELDSINE, et al, Respondent(s).
|
4D2023-2354
|
2023-10-03
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Prohibition
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432023CA000960
|
Parties
Name |
Penelope Townsend
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Philip T. Feldsine
|
Role |
Respondent
|
Status |
Active
|
Representations |
Ethan Jerome Loeb
|
|
Name |
Jupiter Island Compound, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Michael Joseph McNicholas
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Martin Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Peter Townsend
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Chris J. Stearns, Hudson Carter Gill
|
|
Docket Entries
Docket Date |
2023-10-12
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Petition for Writ of Prohibition Denied
|
View |
View File
|
|
Docket Date |
2023-10-04
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
|
Docket Date |
2023-10-03
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
|
On Behalf Of |
Peter Townsend
|
|
Docket Date |
2023-10-03
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
Peter Townsend
|
View |
View File
|
|
Docket Date |
2023-10-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2023-10-03
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
|
|
Docket Date |
2023-10-03
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
|
Docket Date |
2023-10-03
|
Type |
Petition
|
Subtype |
Petition Prohibition
|
Description |
Petition Prohibition
|
|
|
PETER TOWNSEND and PENELOPE "PENNY" TOWNSEND VS PHILIP T. FELDSINE, ET AL.
|
4D2023-1433
|
2023-06-12
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
230000960CAAXMX
|
Parties
Name |
Peter Townsend
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Hudson Carter Gill, Christopher J. Stearns
|
|
Name |
Penelope Townsend
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Philip T. Feldsine
|
Role |
Respondent
|
Status |
Active
|
Representations |
Ethan Loeb
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Jupiter Island Compound, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Michael J. McNicholas
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-07-03
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Peter Townsend
|
|
Docket Date |
2023-08-30
|
Type |
Disposition
|
Subtype |
Granted in Part/Denied in Part
|
Description |
Granted in Part/Denied in Part - Order by Judge
|
|
Docket Date |
2023-08-30
|
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 June 12, 2023 order is quashed to the extent that it permits an examination of petitioners’ electronic devices and email accounts. Only the hard copy of the letter at issue became a public record under the circumstances of this case. The Microsoft Word file that respondents seek is not an electronic public record as it was never transmitted or used in official business. The file is a preliminary draft and a precursor to the hard copy that was circulated. Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980). The petition is otherwise denied as no departure from the essential requirements of law is shown.KLINGENSMITH, C.J., CONNER and FORST, JJ., concur.
|
|
Docket Date |
2023-08-21
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response
|
On Behalf Of |
Peter Townsend
|
|
Docket Date |
2023-08-09
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Philip T. Feldsine
|
|
Docket Date |
2023-07-20
|
Type |
Order
|
Subtype |
Show Cause re Petition
|
Description |
ORD-Writs Show Cause with Reply ~ ORDERED that, within twenty (20) days from the date of this order, respondents shall file a response and show cause why the petition should not be granted in part to quash the portion of the order allowing a search of petitioners’ electronic devices. Respondents shall address whether the Microsoft Word file used to prepare the letter is a public record. Petitioners may file a reply within ten (10) days thereafter. Further, ORDERED that petitioners’ June 12, 2023 motion for stay pending review is granted. The discovery at issue is stayed pending the outcome of this proceeding.
|
|
Docket Date |
2023-06-23
|
Type |
Order
|
Subtype |
Order to File (Supplemental) Appendix
|
Description |
Order Requiring Supplemental Appendix ~ ORDERED that, within ten (10) days from the date of this order, petitioners shall file a supplemental appendix containing a transcript of the June 1, 2023 evidentiary hearing that led to the order at issue and a copy of all the evidence admitted at the hearing. Failure to provide an adequate record may result in denial of the petition. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979).
|
|
Docket Date |
2023-06-13
|
Type |
Order
|
Subtype |
Order on Motion/Request for Judicial Notice
|
Description |
Order Denying Motion/Request for Judicial Notice ~ ORDERED that respondents’ June 12, 2023 request for judicial notice is denied. See Hillsborough Cnty. Bd. of Cnty. Comm’rs v. Pub. Emps. Relations Comm’n, 424 So. 2d 132, 134 (Fla. 1st DCA 1982) (footnote omitted) (“The Florida Evidence Code does not apply to appellate proceedings, and we are not bound by Section 90.203 to take judicial notice of those matters listed in Section 90.202.”).
|
|
Docket Date |
2023-06-12
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
|
Docket Date |
2023-06-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2023-06-12
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
On Behalf Of |
Philip T. Feldsine
|
|
Docket Date |
2023-06-12
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO PETITIONERS' MOTION FOR STAY
|
On Behalf Of |
Philip T. Feldsine
|
|
Docket Date |
2023-06-12
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
On Behalf Of |
Peter Townsend
|
|
Docket Date |
2023-06-12
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
|
Jupiter Island Compound LLC, et al, Petitioner(s) v. Michael David Testa, etc., et al., Respondent(s)
|
SC2023-0848
|
2023-06-09
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Certified Great Public Importance
|
Court |
Supreme Court of Florida
|
Originating Court |
4th District Court of Appeal
4D22-0432;
|
Parties
Name |
DOLPHIN SUITE, LLC
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Town of Jupiter Island, Florida
|
Role |
Respondent
|
Status |
Active
|
Representations |
Joanne Marie O'Connor, Thomas J. Baird
|
|
Name |
M. David Testa Revocable Living Trust, Dated October 25, 2017
|
Role |
Respondent
|
Status |
Active
|
|
Name |
The Florida Bar City, County and Local Government Law Section
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Gerald B. Cope Jr., Joni Armstrong Coffey
|
|
Name |
Hon. Gary L. Sweet
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
4DCA Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Martin Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Jupiter Island Compound LLC
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Ethan Loeb, Cynthia G. Angelos, Steven Gieseler, Nicholas Gieseler, Elliot P. Haney, Chris Altenbernd, Daniel Nordby
|
|
Name |
Michael David Testa
|
Role |
Respondent
|
Status |
Active
|
Representations |
Stuart H. Singer, Jesse Panuccio, James Grippando, Pirzada Usama Ahmad
|
|
Docket Entries
Docket Date |
2023-07-24
|
Type |
Order
|
Subtype |
Brief Stricken
|
Description |
Respondent's amended brief was filed with this Court on July 24, 2023.
Respondent's brief filed with this Court on July 19, 2023, is hereby stricken.
|
View |
View File
|
|
Docket Date |
2023-07-24
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
Respondent Testa's Corrected Brief on Jurisdiction
|
On Behalf Of |
Michael David Testa
|
View |
View File
|
|
Docket Date |
2023-07-19
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
Respondent Testa's Brief on Jurisdiction *Stricken 7/24/23, in light of amended brief filed.*
|
On Behalf Of |
Michael David Testa
|
View |
View File
|
|
Docket Date |
2023-07-03
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
Notice by The Florida Bar City, County and Local Government Law Section of Intent to Seek Leave to File an Amicus Brief
|
On Behalf Of |
The Florida Bar City, County and Local Government Law Section
|
View |
View File
|
|
Docket Date |
2023-06-20
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Jupiter Island Compound LLC
|
View |
View File
|
|
Docket Date |
2023-06-20
|
Type |
Motion
|
Subtype |
Request-Oral Argument
|
Description |
Petitioners Jupiter Island Compound, LLC &
Dolphin Suite, LLC's Request for Oral Argument
|
On Behalf Of |
Jupiter Island Compound LLC
|
View |
View File
|
|
Docket Date |
2023-06-20
|
Type |
Brief
|
Subtype |
Appendix-Juris
|
Description |
Appendix-Juris
|
On Behalf Of |
Jupiter Island Compound LLC
|
View |
View File
|
|
Docket Date |
2023-06-15
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
Notice of Amicus Curiae Intent to Appear
|
View |
View File
|
|
Docket Date |
2023-06-12
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
On Behalf Of |
Jupiter Island Compound LLC
|
|
Docket Date |
2023-06-12
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
Jupiter Island Compound LLC
|
View |
View File
|
|
Docket Date |
2023-06-12
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
Acknowledgment Letter-New Case-Pay Fee
|
View |
View File
|
|
Docket Date |
2023-06-09
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
Notice to Invoke Discretionary Jurisdiction
|
On Behalf Of |
Jupiter Island Compound LLC
|
View |
View File
|
|
Docket Date |
2024-07-03
|
Type |
Disposition
|
Subtype |
Rev DY Merits Lack Juris (GPI)
|
Description |
This cause having heretofore been submitted to the Court on Certified Great Public Importance pursuant to Article V, Section 3(b), Florida Constitution (1980), and Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), and the Court having determined that it should decline to exercise jurisdiction, it is ordered that the Petition for Review is denied.
No Motion for Rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
View |
View File
|
|
|
Jupiter Island Compound, LLC, et al., Petitioner(s) v. Joyce Bullen Gay, et al., Respondent(s)
|
SC2023-0672
|
2023-05-12
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
4th District Court of Appeal
4D22-1007; 4D22-1030;
|
Parties
Name |
Jupiter Island Compound LLC
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Ethan J. Loeb, Cynthia G. Angelos, Steven Gieseler, Nicholas Gieseler, Elliot P. Haney
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Joyce Bullen Gay
|
Role |
Respondent
|
Status |
Active
|
Representations |
Christopher J. Stearns Jr.
|
|
Name |
Adena Testa
|
Role |
Respondent
|
Status |
Active
|
Representations |
Jesse M. Panuccio, Stuart H. Singer, James Grippando
|
|
Name |
Hon. Gary L. Sweet
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
4DCA Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Martin Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-07-31
|
Type |
Disposition
|
Subtype |
Rev DY Lack Juris
|
Description |
This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.
No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
View |
View File
|
|
Docket Date |
2023-06-20
|
Type |
Brief
|
Subtype |
Juris Answer (Amended)
|
Description |
Juris Answer (Amended)
|
On Behalf Of |
Joyce Bullen Gay
|
View |
View File
|
|
Docket Date |
2023-06-19
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
Respondent Testa's Brief on Jurisdiction
|
On Behalf Of |
Adena Testa
|
View |
View File
|
|
Docket Date |
2023-05-19
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
Juris Initial
|
On Behalf Of |
Jupiter Island Compound LLC
|
View |
View File
|
|
Docket Date |
2023-05-15
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2023-05-15
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
Jupiter Island Compound LLC
|
View |
View File
|
|
Docket Date |
2023-05-15
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
Acknowledgment Letter-New Case-Pay Fee
|
View |
View File
|
|
Docket Date |
2023-05-12
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
Notice to Invoke Discretionary Jurisdiction
|
On Behalf Of |
Jupiter Island Compound LLC
|
View |
View File
|
|
Docket Date |
2023-06-20
|
Type |
Order
|
Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
Description |
Respondent's Joyce Bullen Gay's Brief on Jurisdiction, which was filed with this Court on June 19, 2023, does not comply with Florida Rules of Appellate Procedure 9.120(d) and 9.210 and is hereby stricken. Respondent is hereby directed, on or before June 27, 2023, to serve an amended brief must not exceed 2,500 words.
|
View |
View File
|
|
|
MICHAEL DAVID TESTA, Trustee of the M. DAVID TESTA REVOCABLE TRUST, DATED OCTOBER 25, 2017 VS TOWN OF JUPITER ISLAND, TOWN OF JUPITER ISLAND TOWN COMMISSION, TOWN OF JUPITER ISLAND IMPACT REVIEW COMMITTEE, and DOLPHIN SUITE, LLC
|
4D2022-3174
|
2022-11-23
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432022AP000002
|
Parties
Name |
Michael David Testa
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Jesse Panuccio, James Grippando, Stuart Harold Singer, Jason Hilborn
|
|
Name |
M. David Testa Revocable Living Trust
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Town of Jupiter Island Impact Review Committee
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Town of Jupiter Island
|
Role |
Respondent
|
Status |
Active
|
Representations |
Nicholas Gieseler, Elliot P. Haney, Joanne M. O'Connor, John Cater Randolph, Cynthia G. Angelos, Ethan Loeb, James C. Gavigan, Jr.
|
|
Name |
Town of Jupiter Island Town Commission
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-12-09
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2022-12-09
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the November 23, 2022 petition for writ of certiorari is denied.WARNER, MAY and CONNER, JJ., concur.
|
|
Docket Date |
2022-12-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-12-02
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending ~ 4D22-2621
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2022-11-30
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-11-28
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2022-11-23
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
|
Docket Date |
2022-11-23
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ *Filing Fee Paid Through Portal*
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2022-11-23
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
|
|
Anne Geddes, et al., Petitioner(s) v. Jupiter Island Compound, LLC, et al., Respondent(s)
|
SC2022-0987
|
2022-07-28
|
Open
|
|
Classification |
Discretionary Review - Notice to Invoke - Certified Direct Conflict
|
Court |
Supreme Court of Florida
|
Originating Court |
4th District Court of Appeal
4D22-1036
|
Parties
Name |
Anne Geddes
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Rodolfo Mayor, David Di Pietro
|
|
Name |
Adena Testa
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Stuart H. Singer, Jesse M. Panuccio, James Grippando
|
|
Name |
Jupiter Island Compound, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Chris W. Altenbernd, Cynthia G. Angelos, Ethan J. Loeb
|
|
Name |
Michael Brooks
|
Role |
Respondent
|
Status |
Active
|
Representations |
Oscar E. Marrero, Michael J. McCluskey
|
|
Name |
Joyce Bullen Gay
|
Role |
Respondent
|
Status |
Active
|
Representations |
Christopher J. Stearns Jr.
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Media Amici
|
Role |
Amicus - Petitioner
|
Status |
Interim
|
Representations |
Rachel E. Fugate, DeAnna K. Shullman, Minch Minchin
|
|
Name |
Hon. Gary L. Sweet
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Martin Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
4DCA Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-09-26
|
Type |
Order
|
Subtype |
Other Substantive
|
Description |
Petitioners' Joint Motion to Lift Stay is hereby denied.
|
View |
View File
|
|
Docket Date |
2023-08-31
|
Type |
Response
|
Subtype |
Response
|
Description |
Response in Opposition to Petitioners' Motion to Lift Stay
|
On Behalf Of |
Jupiter Island Compound, LLC
|
View |
View File
|
|
Docket Date |
2023-08-18
|
Type |
Motion
|
Subtype |
Stay (Vacate)
|
Description |
Petitioners' Joint Motion to Lift Stay
|
On Behalf Of |
Anne Geddes
|
View |
View File
|
|
Docket Date |
2022-09-13
|
Type |
Order
|
Subtype |
Stay Proceedings FSC (Tag Case)
|
Description |
ORDER-STAY PROCEEDINGS FSC (TAG CASE) ~ The proceedings in this Court in the above case are hereby stayed pending disposition of Vericker v. Powell, Case No. SC22-1042, which is pending in this Court.
|
View |
View File
|
|
Docket Date |
2022-08-23
|
Type |
Notice
|
Subtype |
Amicus Curiae Intent to Appear
|
Description |
NOTICE-AMICUS CURIAE INTENT TO APPEAR ~ Notice of Intent to File Amicus Brief
|
On Behalf Of |
Media Amici
|
View |
View File
|
|
Docket Date |
2022-08-22
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
On Behalf Of |
Jupiter Island Compound, LLC
|
View |
View File
|
|
Docket Date |
2022-08-22
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF ~ Jurisdictional Brief of Respondents, Jupiter Island Compound, LLC & Dolphin Suite, LLC
|
On Behalf Of |
Jupiter Island Compound, LLC
|
View |
View File
|
|
Docket Date |
2022-08-15
|
Type |
Miscellaneous Document
|
Subtype |
Pay Notice Joinder Fee-295
|
Description |
PAY NOTICE JOINDER FEE-295
|
On Behalf Of |
Adena Testa
|
|
Docket Date |
2022-08-12
|
Type |
Notice
|
Subtype |
Joinder
|
Description |
NOTICE-JOINDER
|
On Behalf Of |
Adena Testa
|
View |
View File
|
|
Docket Date |
2022-08-08
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF ~ Petitioner's Brief on Jurisdiction
|
On Behalf Of |
Anne Geddes
|
View |
View File
|
|
Docket Date |
2022-08-01
|
Type |
Event
|
Subtype |
No Fee Required
|
Description |
No Fee Required ~ Filing Fee paid below
|
|
Docket Date |
2022-08-01
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
View |
View File
|
|
Docket Date |
2022-07-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF:No Fee Required
|
|
Docket Date |
2022-07-28
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (CERT DIRECT CONFLICT)
|
On Behalf Of |
Anne Geddes
|
View |
View File
|
|
|
ANNE GEDDES VS JUPITER ISLAND COMPOUND, LLC, et al.
|
4D2022-1036
|
2022-04-13
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432022CA000093
|
Parties
Name |
Anne Geddes
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Rodolfo Mayor, David Di Pietro
|
|
Name |
Jupiter Island Compound, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Cynthia G. Angelos, Elliot P. Haney, Nicholas Gieseler, Ethan Loeb, Steven Geoffrey Gieseler
|
|
Name |
Michael Brooks
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Joyce Bullen Gay
|
Role |
Respondent
|
Status |
Active
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Adena Testa
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Gary L. Sweet
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
FLORIDA SUPREME COURT CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-09-26
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
SC2022-0987 Supreme Court Order Petitioners' Joint Motion to Lift Stay is denied
|
|
Docket Date |
2022-09-14
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ SC22-987 STAYED PENDING SC22-1042
|
|
Docket Date |
2022-08-01
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Ack. Receipt from Supreme Court ~ SC22-987
|
|
Docket Date |
2022-07-28
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal ~ SUPREME COURT FILING FEE PAID -- MFC# 4509967
|
On Behalf Of |
Anne Geddes
|
|
Docket Date |
2022-07-28
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2022-07-28
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
On Behalf Of |
Anne Geddes
|
|
Docket Date |
2022-07-15
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-07-15
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-06-29
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Per Curiam Opinion
|
|
Docket Date |
2022-05-26
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response
|
On Behalf Of |
Anne Geddes
|
|
Docket Date |
2022-05-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-04
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
Anne Geddes
|
|
Docket Date |
2022-04-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-04-28
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ Order to Show Cause
|
On Behalf Of |
Anne Geddes
|
|
Docket Date |
2022-04-26
|
Type |
Order
|
Subtype |
Show Cause re Petition
|
Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. The response shall address this court’s jurisdiction considering the argument that the trial court did not conduct a hearing. WPB Residents for Integrity in Gov’t, Inc. v. Materio, 284 So. 3d 555, 556 (Fla. 4th DCA 2019); see also Globe Newspaper Co. v. King, 658 So. 2d 518, 519 (Fla. 1995); Sapp v. Olivares, 288 So. 3d 714 (Fla. 4th DCA 2020). Petitioner may file a reply within ten (10) days of service of the response.
|
|
Docket Date |
2022-04-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-04-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2022-04-13
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Anne Geddes
|
|
Docket Date |
2022-04-13
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
On Behalf Of |
Anne Geddes
|
|
|
JOYCE BULLEN GAY and ADENA TESTA VS JUPITER ISLAND COMPOUND, LLC, et al.
|
4D2022-1030
|
2022-04-13
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432022CA000093
|
Parties
Name |
Joyce Bullen Gay
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jesse Panuccio, James Grippando, Christopher J. Stearns, Stuart Harold Singer
|
|
Name |
Adena Testa
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Michael Brooks
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Anne Geddes
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Jupiter Island Compound, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Pirzada Ahmad, Cynthia G. Angelos, Lourdes E. Wydler, David Di Pietro, Steven Geoffrey Gieseler, Ethan Loeb, Oscar E. Marrero, Rodolfo Mayor
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Gary L. Sweet
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-11-18
|
Type |
Motions Other
|
Subtype |
Motion For Review
|
Description |
Motion For Review
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-11-15
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2022-10-24
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ REGARDING ORAL ARGUMENT
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-10-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ REGARDING ORAL ARGUMENT
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2023-07-31
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ SC2023-672
|
|
Docket Date |
2023-05-15
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Ack. Receipt from Supreme Court ~ SC23-0672
|
|
Docket Date |
2023-05-12
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2023-04-28
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-04-12
|
Type |
Disposition
|
Subtype |
Granted
|
Description |
Granted - Authored Opinion ~ ON RESPONDENTS-APPELLEES' MOTIONS FOR REHEARING, REHEARING EN BANC, CLARIFICATION, AND CERTIFICATION
|
|
Docket Date |
2023-02-22
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR REHEARING
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2023-02-07
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2023-01-25
|
Type |
Disposition
|
Subtype |
Granted
|
Description |
Granted - Authored Opinion ~ NON-FINAL APPEAL IN CASE NUMBER 4D22-1030 DISMISSED AS MOOT
|
|
Docket Date |
2022-12-14
|
Type |
Order
|
Subtype |
Order on Motion For Review
|
Description |
ORD-Grant Motion for Review ~ ORDERED that appellants’ November 18, 2022 joint motion for review is granted. This case is subject to an automatic stay under Florida Rule of Appellate Procedure 9.310(b)(2).
|
|
Docket Date |
2022-12-02
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-12-02
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-11-22
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ ORDERED that appellees in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, as to why appellants’ joint motion for review of trial court order under rule 9.310 should not be granted.
|
|
Docket Date |
2022-11-18
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO JOINT MOTION FOR REVIEW
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-10-17
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
Order Re: Video Oral Argument ~ ORDERED that case numbers 4D22-1030 and 22-1007 are rescheduled for a consolidated oral argument on November 15, 2022, at 10:00 A.M. for 20 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff
|
|
Docket Date |
2022-10-03
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that appellees’ July 14, 2022, motion to dispense with oral argument is hereby denied.
|
|
Docket Date |
2022-09-30
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ Case numbers 4D22-1030 and 4D22-1007 are set for a consolidated Oral Argument on November 15, 2022, at 10:00 A.M. for 20 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely.
|
|
Docket Date |
2022-07-14
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO DISPENSE WITH ORAL ARGUMENT IN NON-FINAL APPEAL
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-07-12
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-07-11
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-07-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ SUR-RESPONSE TO JOINDER BRIEF OF ADENA TESTA
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-07-11
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-07-05
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ ADENA TESTA'S AMENDED APPENDIX
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-07-05
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants’ appendix to the initial 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 contains no bookmarks as required by 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 |
2022-07-01
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ JOINDER BRIEF OF APPELLANT ADENA TESTA
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-07-01
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ **Stricken**
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-06-16
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that Adena Testa’s notice of joinder is accepted and request for realignment is granted. The clerk shall change the caption to reflect the realignment by showing Adena Testa as an additional appellant. Within fifteen (15) days from the date of this order, Adena Testa shall file and serve either (1) a single brief limited to support of the initial brief and/or reply to the answer brief, or (2) a formal adoption of the initial brief. If Adena Testa files and serves a brief, appellee may, within ten (10) days of service, file a sur-response directed to the brief. No further briefing shall be filed. No motions for extension of time shall be filed.
|
|
Docket Date |
2022-06-10
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-18
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO ADENA TESTA'S MOTION FOR LEAVE TO FILE BRIEFS
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-12
|
Type |
Misc. Events
|
Subtype |
Notice of Joinder Fee Paid through Portal
|
Description |
NOTICE OF JOINDER FEE PAID THROUGH PORTAL
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-12
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that all objecting parties are directed to respond, within ten (10) days from the date of this order, to appellee Adena Testa’s May 11, 2022 notice of joinder and motion for leave to file briefs.
|
|
Docket Date |
2022-05-11
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-05-11
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Notice of Joinder ~ ADENA TESTA'S NOTICE OF JOINDER AND MOTION FOR LEAVE TO FILE BRIEFS
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-11
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ in Support of Notice of Joinder and Motion for Leave to File Briefs
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-09
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the above-styled cases are consolidated for consideration by the same panel.
|
|
Docket Date |
2022-05-04
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-04-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-04-27
|
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 April 26, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 11, 2022. 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 |
2022-04-26
|
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 |
Joyce Bullen Gay
|
|
Docket Date |
2022-04-26
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-04-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-04-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-04-13
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-04-13
|
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.
|
|
|
JOYCE BULLEN GAY and ADENA TESTA VS JUPITER ISLAND COMPOUND, LLC and DOLPHIN SUITE, LLC,
|
4D2022-1007
|
2022-04-11
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432022CA000093CAAXMX
|
Parties
Name |
Adena Testa
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Joyce Bullen Gay
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Christopher J. Stearns
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Jupiter Island Compound, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Stuart Harold Singer, David Di Pietro, Oscar E. Marrero, Lourdes E. Wydler, Jesse Panuccio, James Grippando, Rodolfo Mayor, Nicholas Gieseler, Cynthia G. Angelos, Ethan Loeb, Elliot P. Haney, Steven Geoffrey Gieseler
|
|
Name |
Hon. Gary L. Sweet
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
FLORIDA SUPREME COURT CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-07-31
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ SC2023-672
|
|
Docket Date |
2023-05-15
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Ack. Receipt from Supreme Court ~ SC23-0672
|
|
Docket Date |
2023-05-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2023-05-12
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2023-04-28
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-04-28
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-04-12
|
Type |
Disposition by Opinion
|
Subtype |
Granted in Part/Denied in Part
|
Description |
Opinion Disposing of a Motion (See Opinion)
|
|
Docket Date |
2023-04-12
|
Type |
Disposition
|
Subtype |
Granted
|
Description |
Granted - Authored Opinion ~ ON RESPONDENTS-APPELLEES' MOTIONS FOR REHEARING, REHEARING EN BANC, CLARIFICATION, AND CERTIFICATION; NON-FINAL APPEAL IN CASE NUMBER 4D22-1030 DISMISSED AS MOOT
|
|
Docket Date |
2023-02-22
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ PETITIONER TESTA'S BRIEF IN OPPOSITION TO RESPONDENTS-APPELLEES' MOTIONS FOR REHEARING, CLARIFICATION, CERTIFICATION, AND REHEARING EN BANC
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2023-02-07
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing En Banc
|
Description |
Motion For Rehearing EN BANC
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2023-01-25
|
Type |
Disposition
|
Subtype |
Granted
|
Description |
Granted - Authored Opinion ~ **WITHDRAWN** **SEE 4-12-2023 OPINION** NON-FINAL APPEAL IN CASE NUMBER 4D22-1030 DISMISSED AS MOOT
|
|
Docket Date |
2022-11-15
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2022-11-14
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ JOYCE BULLEN GAY
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-10-24
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ RE: OA
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-10-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ PETITIONER TESTA'S NOTICE REGARDING ORAL ARGUMENT
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-10-17
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
Order Re: Video Oral Argument ~ ORDERED that case numbers 4D22-1007 and 4D22-1030 are rescheduled for a consolidated oral argument on November 15, 2022, at 10:00 A.M. for 20 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff
|
|
Docket Date |
2022-10-03
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that respondents’ July 14, 2022, motion to dispense with oral argument is hereby denied.
|
|
Docket Date |
2022-09-30
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ Case numbers 4D22-1007 and 4D22-1030 are set for a consolidated Oral Argument on November 15, 2022, at 10:00 A.M. for 20 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely.
|
|
Docket Date |
2022-07-14
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-07-14
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION TO DISPENSE WITH ORAL ARGUMENT IN CERTIORARI PROCEEDING
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-07-12
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-07-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO ADENA TESTA'S BRIEF IN SUPPORT OF PETITION
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-07-05
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-07-05
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that Adena Testa's July 1, 2022 appendix 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 contains no bookmarks as required by 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 |
2022-07-01
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ **STRICKEN** ADENA TESTA'S APPENDIX
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-06-30
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ PETITIONER ADENA TESTA'S BRIEF IN SUPPORT OF PETITION
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-06-15
|
Type |
Order
|
Subtype |
Order Changing Case Style
|
Description |
ORD-Case Style Change ~ ORDERED that Adena Testa's notice of joinder is accepted and request for realignment is granted. The clerk shall change the caption to reflect the realignment by showing Adena Testa as an additional petitioner. Within fifteen (15) days from the date of this order, Adena Testa shall file and serve either (1) a single brief limited to support of the petition and/or reply to the response, or (2) a formal adoption of the petition. If Adena Testa files and serves a brief, respondent may, within ten (10) days of service, file a response directed to the brief. No further briefing shall be filed. No motions for extension of time shall be filed.
|
|
Docket Date |
2022-05-27
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-05-18
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO ADENA TESTA'S MOTION FOR LEAVE TO FILE BRIEFS
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-17
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-17
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-13
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that respondents Jupiter Island Compound, LLC and Dolphin Suite, LLC are directed to respond, within ten (10) days from the date of this order, to movant’s May, 11, 2022 “Notice of Joinder and Motion for Leave to File Briefs.”
|
|
Docket Date |
2022-05-12
|
Type |
Misc. Events
|
Subtype |
Notice of Joinder Fee Paid through Portal
|
Description |
NOTICE OF JOINDER FEE PAID THROUGH PORTAL
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-11
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ IN SUPPORT OF NOTICE OF JOINDER AND MOTION FOR LEAVE TO FILE BRIEFS
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-11
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Notice of Joinder ~ ADENA TESTA'S NOTICE OF JOINDER AND MOTION FOR LEAVE TO FILE BRIEFS
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-05-09
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the above-styled cases are consolidated for consideration by the same panel.
|
|
Docket Date |
2022-05-04
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-04-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Jupiter Island Compound, LLC
|
|
Docket Date |
2022-04-27
|
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 for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
Docket Date |
2022-04-26
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-04-26
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ SUPPLEMENTAL
|
On Behalf Of |
Joyce Bullen Gay
|
|
Docket Date |
2022-04-25
|
Type |
Order
|
Subtype |
Order to File (Supplemental) Appendix
|
Description |
Order Requiring Supplemental Appendix ~ ORDERED that, within ten (10) days from the date of this order, petitioner shall supplement the appendix filed with the April 11, 2022 petition, to include a copy of the motion to dismiss referenced within the petition.
|
|
Docket Date |
2022-04-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2022-04-11
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
Docket Date |
2022-04-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-04-11
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
On Behalf Of |
Joyce Bullen Gay
|
|
|
MICHAEL DAVID TESTA, Individually and as Trustee of the M. DAVID TESTA REVOCABLE LIVING TRUST, DATED OCTOBER 25, 2017 VS TOWN OF JUPITER ISLAND, et al.
|
4D2022-0432
|
2022-02-11
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
2021CA000599
|
Parties
Name |
Michael David Testa
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jesse Panuccio, Pamela C. Marsh, Kevin S. Hennessy, James Grippando, Virginia M Hamrick, Jason Hilborn, Seth C Behn, Pirzada Ahmad, Stuart Harold Singer
|
|
Name |
M. David Testa Revocable Living Trust
|
Role |
Appellant
|
Status |
Active
|
|
Name |
DOLPHIN SUITE, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Town of Jupiter Island
|
Role |
Appellee
|
Status |
Active
|
Representations |
Steven Geoffrey Gieseler, Virginia S Delegal, Kimberly Kopp, John Cater Randolph, Jon P. Tasso, Gerald B. Cope, Jr., JANETTE M. SMITH, Keith W. Davis, Jeffrey N. Steinsnyder, Elliot P. Haney, Fred E. Moore, Rebecca O'Hara, Cynthia G. Angelos, Kyle Bauman, Kraig A. Conn, Nicholas Gieseler, Joanne M. O'Connor, James C. Gavigan, Jr., Joni Armstrong Coffey, Ethan Loeb
|
|
Name |
Jupiter Island Compound, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Gary L. Sweet
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
FLORIDA SUPREME COURT CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-07-08
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
SC2023-0848 Supreme Court Order Denied
|
|
Docket Date |
2023-06-12
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Ack. Receipt from Supreme Court ~ SC23-0848
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2023-06-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2023-06-09
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2023-06-09
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2023-06-05
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-06-02
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-05-17
|
Type |
Disposition by Opinion
|
Subtype |
Granted
|
Description |
Opinion Disposing of a Motion (See Opinion) Grant
|
|
Docket Date |
2023-05-17
|
Type |
Opinion
|
Subtype |
Non-dispositive
|
Description |
Non-dispositive - Per Curiam Opinion ~ ON APPELLEES' MOTION FOR CERTIFICATION
|
View |
View File
|
|
Docket Date |
2023-05-17
|
Type |
Disposition by Order
|
Subtype |
Granted in Part/Denied in Part
|
Description |
ORD-Grant in Part/Deny in Part ~ ORDERED that the February 23, 2023 "Motion of the City, County, and Local Government Law Section of the Florida Bar to Appear as Amicus Curiae in Support of Appellees' Motions for Certification" is granted in part, to the extent this court acknowledges the Section's support of the appellees' motions, as expressed in the Section's motion. This court takes no position on the appellant's argument as to why the Section should not be permitted to appear as amicus, because that argument is within the exclusive purview of the Florida Supreme Court. See R. Reg. Fla. Bar Ch. 1 Introduction ("The Supreme Court of Florida . . . establishes the authority . . . of The Florida Bar, an official arm of the court."). Further,ORDERED that the "Florida Municipal Attorneys Association's Motion to Appear as Amicus Curiae for the Limited Purpose of Supporting the Appellees' Motions for Certification" filed February 24, 2023, is granted in part, to the extent this court acknowledges the Association's support of the appellees' motions, as expressed in the Association's motion. It is further, ORDERED that the Association's motion is denied in part to the extent the Association has requested to file a separate brief, because the appellees' certification motions adequately express the same arguments on which the Association requests to file a separate brief. Further,ORDERED that the "Okaloosa League of Cities, Inc.'s Motion for Leave to File Amicus Curiae Brief in Support of Appellee Town of Jupiter Island's Motion for Certification to the Florida Supreme Court" filed February 23, 2023, is granted in part, to the extent this court acknowledges the League's support of the appellees' motions, as expressed in the League's motion. It is further,ORDERED that the League's motion is denied . . .
|
View |
View File
|
|
Docket Date |
2023-03-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ OPPOSITION TO APPELLEES' MOTIONS FOR CERTIFICATION
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2023-02-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ OMNIBUS OPPOSITION TO MOTIONS FOR LEAVE TO FILE AMICUS BRIEFS
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2023-02-24
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ Florida Municipal Attorney's Association
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2023-02-23
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ Florida Association of County Attorneys, Inc.
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2023-02-23
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to File Amicus Curiae Brief
|
Description |
Motion To File Amicus Curiae Brief ~ Okaloosa County League of Cities, Inc.
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2023-02-23
|
Type |
Notice
|
Subtype |
Suggestion for Immediate Resolution by FSC 9.125
|
Description |
Motion Suggest to Cert. Cause to S.C. ~ Town of Jupiter Island
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2023-02-22
|
Type |
Notice
|
Subtype |
Suggestion for Immediate Resolution by FSC 9.125
|
Description |
Motion Suggest to Cert. Cause to S.C. ~ Jupiter Island Compound, LLC & Dolphin Suite, LLC
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2023-02-08
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
View |
View File
|
|
Docket Date |
2022-11-22
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-11-15
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2022-10-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ REGARDING ORAL ARGUMENT
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-10-20
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ REGARDING ORAL ARGUMENT
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2022-10-18
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order Deny Waive of Oral Argument ~ ORDERED that the appellees’ August 18, 2022 motion to waive oral argument is denied.
|
|
Docket Date |
2022-10-17
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
Order Re: Video Oral Argument ~ ORDERED that oral argument in this case is scheduled for November 15, 2022, at 11:00 A.M. for 20 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff
|
|
Docket Date |
2022-08-18
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Motion to waive Oral Argument
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-08-16
|
Type |
Order
|
Subtype |
Order on Motion to Withdraw Filing
|
Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellant’s August 16, 2022 motion to withdraw the motion to file an enlarged reply brief is granted. The motion to file an enlarged reply brief filed on August 11, 2022 is considered withdrawn.
|
|
Docket Date |
2022-08-16
|
Type |
Motions Other
|
Subtype |
Motion to Withdraw Filing
|
Description |
Motion To Withdraw Pleadings
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2022-08-15
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Michael David Testa
|
View |
View File
|
|
Docket Date |
2022-08-15
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2022-08-12
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Notice of Joinder ~ IN OBJECTION TO MOTION TO FILE ENLARGED BRIEF
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-08-12
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ TO MOTION TO FILE ENLARGED BRIEF
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-08-11
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion To File Enlarged Brief
|
Description |
Motion To File Enlarged Brief ~ **Withdrawn**
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2022-07-25
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 08/15/2022
|
|
Docket Date |
2022-07-25
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2022-07-18
|
Type |
Order
|
Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
Description |
ORD-Permitting Amicus Curiae Brief ~ ORDERED that the Palm Beach County League of Cities, Inc.’s June 24, 2022 motion to join joint amicus curiae brief of the Florida League of Cities, Inc. and the Treasure Coast Regional League of Cities, Inc. is granted. The joint amicus curiae brief in support of appellee was filed on June 27, 2022.
|
|
Docket Date |
2022-06-30
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ Town of Jupiter Island
|
On Behalf Of |
Town of Jupiter Island
|
View |
View File
|
|
Docket Date |
2022-06-27
|
Type |
Order
|
Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
Description |
ORD-Permitting Amicus Curiae Brief ~ ORDERED that Florida League of Cities and Treasure Coast Regional League of Cities’ June 21, 2022 motion for leave to file joint amicus curiae brief in support of appellee Town of Jupiter Island is granted, and the joint amicus curiae brief shall be filed no later than ten (10) days after appellee’s answer brief is filed.
|
|
Docket Date |
2022-06-27
|
Type |
Brief
|
Subtype |
Amicus Curiae Brief
|
Description |
Amicus Curiae Brief ~ Florida League of Cities, Treasure Coast Regional League of Cities, and Palm Beach County League of Cities
|
On Behalf Of |
Town of Jupiter Island
|
View |
View File
|
|
Docket Date |
2022-06-24
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to File Amicus Curiae Brief
|
Description |
Motion To File Amicus Curiae Brief ~ Palm Beach County League of Cities, Inc.
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-06-22
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ Jupiter Island Compound, LLC and Dolphin Suite, LLC
|
On Behalf Of |
Town of Jupiter Island
|
View |
View File
|
|
Docket Date |
2022-06-21
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 8 DAYS TO 06/30/2022
|
|
Docket Date |
2022-06-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ Town of Jupiter Island
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-06-21
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to File Amicus Curiae Brief
|
Description |
Motion To File Amicus Curiae Brief ~ Florida League of Cities and Treasure Coast Regional League of Cities
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-05-20
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 06/22/2022
|
|
Docket Date |
2022-05-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ Town of Jupiter Island
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-05-17
|
Type |
Brief
|
Subtype |
Amicus Curiae Brief
|
Description |
Amicus Curiae Brief
|
On Behalf Of |
Michael David Testa
|
View |
View File
|
|
Docket Date |
2022-05-16
|
Type |
Order
|
Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
Description |
ORD-Permitting Amicus Curiae Brief ~ ORDERED that the First Amendment Foundation, Inc.’s April 20, 2022 motion for leave to file amicus brief in support of appellant is granted. Further, ORDERED that the First Amendment Foundation, Inc.’s April 29, 2022 motion for extension of time is granted, and the time for service of the amicus brief is extended three (3) days from the date of this order.
|
|
Docket Date |
2022-05-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Town of Jupiter Island
|
|
Docket Date |
2022-04-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE AND SERVE AMICUS CURIAE BRIEF
|
On Behalf Of |
Michael David Testa
|
View |
View File
|
|
Docket Date |
2022-04-22
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s April 21, 2022 initial brief 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 |
2022-04-22
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Michael David Testa
|
View |
View File
|
|
Docket Date |
2022-04-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ **Stricken**
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2022-04-20
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to File Amicus Curiae Brief
|
Description |
Motion To File Amicus Curiae Brief
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2022-04-18
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 5,667 PAGES
|
On Behalf Of |
Clerk - Martin
|
|
Docket Date |
2022-04-14
|
Type |
Record
|
Subtype |
Record on Appeal Confidential
|
Description |
Confidential Records ~ 18 PAGES
|
On Behalf Of |
Clerk - Martin
|
|
Docket Date |
2022-02-16
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Michael David Testa
|
|
Docket Date |
2022-02-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-02-15
|
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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Docket Date |
2022-02-11
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed
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On Behalf Of |
Michael David Testa
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Docket Date |
2022-02-11
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
FP:Fee Paid Through Portal
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