|
ERIC PETZOLD and NANCY PETZOLD VS NE 32ND STREET, LLC, et al.
|
4D2022-2293
|
2022-08-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA003800
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA7967
|
Parties
| Name |
Nancy Petzold
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Eric Petzold
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robert J. Hauser, Scott A. Weires
|
|
| Name |
MARINE ENGINEERING & CONSTRUCTION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WATERFRONT ICW PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NE 32ND STREET LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ricardo Alberto Reyes, Sacha Aaron Boegem, Timothy Newhall
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-18
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2022-12-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that this Court’s December 13, 2022 order is vacated. This case is dismissed. Petitioners have an adequate remedy on appeal of the partial final judgment in 4D22-3264. Petitioners’ December 8, 2022 motion for stay filed in this case is denied as moot. The motion for stay will be heard in 4D22-3264.DAMOORGIAN, CIKLIN and ARTAU, JJ., concur.
|
|
| Docket Date |
2022-12-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-12-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-12-13
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 9, 2022 order is amended to reflect additional lower tribunal case number and as follows: ORDERED that the appeal shall be treated as a petition for writ of certiorari. The petitioners shall file a petition addressing the elements of a petition for certiorari as to the orders sought to be reviewed within twenty (20) days from the date of this order. Respondents may thereafter file their response in accordance with the Rules of Appellate Procedure.
|
|
| Docket Date |
2022-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STAY
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-12-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond to appellants' December 8, 2022 motions to stay, filed in case numbers 4D22-2293 and 4D22-3264, by no later than 12:00pm on Tuesday, December 13, 2022. The December 7, 2022 partial final judgment is stayed pending further order of this court.
|
|
| Docket Date |
2022-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-12-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-12-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STAY
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-11-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/21/22
|
|
| Docket Date |
2022-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-11-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-11-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellees’ October 25, 2022 motion for extension of time is granted, and the time for filing a response to appellants’ September 19, 2022 jurisdictional statement is extended to and including November 7, 2022.
|
|
| Docket Date |
2022-10-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-10-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/21/22
|
|
| Docket Date |
2022-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-10-07
|
| 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 appellants’ September 19, 2022 “submission on jurisdiction.”
|
|
| Docket Date |
2022-10-04
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ (1) ONE ENVELOPE--CD ROM
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-09-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 847 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-09-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-09-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-09-19
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' September 2, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before September 20, 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 |
2022-09-02
|
| 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 |
Eric Petzold
|
|
| Docket Date |
2022-09-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-08-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-08-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-07
|
| 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 appellants shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the ordered appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the July 21, 2022 contempt order is an appealable final or nonfinal order, as it appears the order merely strikes plaintiff’s complaint as a sanction; and how the August 10, 2022 order is an appealable final or nonfinal order, as it appears the order merely enters a default. See Dieuvil v. Flacon Trace Homeowners Ass’n, 326 So. 3d 709, 710 (Fla. 4th DCA 2021) (explaining an order merely entering a default is a nonappealable, nonfinal order); Fennel v. Beary, 642 So. 2d 835 (Fla. 5th DCA 1994); Niesz v. R. P. Morgan Bldg., Co., 401 So. 2d 822 (Fla. 5th DCA 1981) (dismissing portion of appeal from order granting a motion to strike); further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-08-22
|
| 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.
|
|
|
|
SPANISH CREEK, LLC VS WATERFRONT ICW PROPERTIES, LLC, et al.
|
4D2022-1902
|
2022-07-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA001556
|
Parties
| Name |
SPANISH CREEK LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
C. Cory Mauro
|
|
| Name |
Shirley Young Cerritelli
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Town of Ocean Ridge
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WELLINGTON ARMS, A CONDOMINIUM, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Ocean Manor Condo Waterfront, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Robert E. Cerritelli
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Michael Hummel
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WATERFRONT ICW PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Bloom, Kevin S. Hennessy, Michael H. Nullman, Matthew H. Scott, Lyman Hawley Reynolds, Kenneth M. Kaleel, Julia L. Jennison, Matthew B. Taylor, Telsula Christy Morgan, Terry E. Resk, Nicole Poot
|
|
| Name |
Monique Hummel
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Diane C. Barry
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Spanish Creek, LLC
|
|
| Docket Date |
2022-08-25
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to reply, within five (5) days from the date of this order, to appellant’s August 23, 2022 response.
|
|
| Docket Date |
2022-08-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO AFFIDAVIT OF CLERK OF THE CIRCUIT COURT & COMPTROLLER
|
| On Behalf Of |
Spanish Creek, LLC
|
|
| 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 |
2023-05-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-01-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Spanish Creek, LLC
|
|
| Docket Date |
2023-01-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 01/24/2023
|
|
| Docket Date |
2023-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Spanish Creek, LLC
|
|
| Docket Date |
2022-12-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2022-12-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2022-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 12/08/2022
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 11/25/22
|
|
| Docket Date |
2022-09-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's August 23, 2022 response and appellee's August 30, 2022 reply, it is ORDERED that the parties may file appendices with their briefs in lieu of preparing a record on appeal. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
| Docket Date |
2022-08-30
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Spanish Creek, LLC
|
|
| Docket Date |
2022-08-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within five (5) days from the date of this order, to the clerk of the lower tribunal’s August 18, 2022 affidavit.
|
|
| Docket Date |
2022-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Spanish Creek, LLC
|
|
| Docket Date |
2022-08-18
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Spanish Creek, LLC
|
|
| Docket Date |
2022-07-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-14
|
| 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 |
2022-07-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Spanish Creek, LLC
|
|
|
|
WATERFRONT ICW PROPERTIES, LLC VS SPANISH CREEK, LLC and TOWN OF OCEAN RIDGE
|
4D2022-0311
|
2022-01-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA001556XXXMB AG
|
Parties
| Name |
WATERFRONT ICW PROPERTIES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael H. Nullman
|
|
| Name |
SPANISH CREEK LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
C. Cory Mauro, Andrea G. Amigo, George Preston Roberts, Lyman Hawley Reynolds
|
|
| Name |
Town of Ocean Ridge
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-10
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2022-06-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-06-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 3, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-06-03
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2022-04-19
|
| 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 13, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 27, 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 |
2022-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Spanish Creek, LLC
|
|
| Docket Date |
2022-04-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that C. Cory Mauro's April 13, 2022 amended notice of appearance and second amended notice of appearance are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service do not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-04-13
|
| 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 |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2022-04-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's April 12, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN** SECOND AMENDED
|
| On Behalf Of |
Spanish Creek, LLC
|
|
| Docket Date |
2022-04-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2022-04-07
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ 5 ENVELOPES CONTAINING DVDS
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-04-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4,568 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-03-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Spanish Creek, LLC
|
|
| Docket Date |
2022-01-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-01-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2022-01-31
|
| 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 |
2022-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2022-01-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
MCCORMICK MILE INVESTMENTS, LLC, et al. VS LAURENCE K. BARNES, et al.
|
4D2021-2357
|
2021-08-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA004136 (AG)
|
Parties
| Name |
COASTAL ENERGY RESOURCES LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MCCORMICK MILE INVESTMENTS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ricardo Alberto Reyes, Sacha Aaron Boegem, Michael H. Nullman
|
|
| Name |
WATERFRONT ICW PROPERTIES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Laurence K. Barnes
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William Sklar, Peter David Webster, Samia Bennouna, Christopher W. Smart, Ilan A. Nieuchowicz
|
|
Docket Entries
| Docket Date |
2022-07-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYST O 7/25/22.
|
|
| Docket Date |
2022-12-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2022-11-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
| View |
View File
|
|
| Docket Date |
2022-08-16
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2022-07-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2022-07-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2022-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2022-06-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Laurence K. Barnes
|
|
| Docket Date |
2022-06-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Laurence K. Barnes
|
|
| Docket Date |
2022-06-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Laurence K. Barnes
|
|
| Docket Date |
2022-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Laurence K. Barnes
|
|
| Docket Date |
2022-05-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/15/22.
|
|
| Docket Date |
2022-03-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 5/16/22.
|
|
| Docket Date |
2022-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Laurence K. Barnes
|
|
| Docket Date |
2022-02-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2022-02-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2022-02-24
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (15 PAGES)
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2022-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ February 24, 2022 motion to supplement the record is granted, and the proposed supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ January 12, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within forty-five (45) days from the date of this order. 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 |
2022-01-12
|
| 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 |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2022-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2021-12-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/18/2022
|
|
| Docket Date |
2021-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2021-10-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants' October 13, 2021 notice of agreed extension is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
|
| Docket Date |
2021-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ ***STRICKEN 10/14/21***
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2021-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Laurence K. Barnes
|
|
| Docket Date |
2021-09-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (5129 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Laurence K. Barnes
|
|
| Docket Date |
2021-08-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2021-08-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-08-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
McCormick Mile Investments, LLC
|
|
| Docket Date |
2022-06-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
Laurence K. Barnes
|
|
| Docket Date |
2022-06-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees’ appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it 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 |
2021-08-11
|
| 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, 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.
|
|
|
|
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA VS WATERFRONT ICW PROPERTIES, LLC and WELLINGTON ARMS, A CONDOMINIUM, INC.
|
4D2019-3240
|
2019-10-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA013164
|
Parties
| Name |
WATERFRONT ICW PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALFRED A. LASORTE, JR., Julia L. Jennison, Sacha Aaron Boegem, Kevin S. Hennessy, Telsula Christy Morgan, Ricardo Alberto Reyes
|
|
| Name |
WELLINGTON ARMS, A CONDOMINIUM, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RACHEL STREITFELD PLLC
|
| Role |
Amicus - Petitioner
|
| Status |
Active
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Brown, Justin George Wolfe, RONALD W. HOENSTINE, I I I
|
|
Docket Entries
| Docket Date |
2020-05-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2021-02-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-02-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-01-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2021-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee Waterfront ICW Properties, LLC’s July 8, 2020 “motion for attorney's fees as a sanction” is denied.
|
|
| Docket Date |
2020-12-08
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2020-11-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2020-11-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
|
|
| Docket Date |
2020-11-09
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on December 8,2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on Monday, November 16, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, November 16, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys.
|
|
| Docket Date |
2020-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on December 8, 2020, at 10:00 A.M. for 10 minutes per side. 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 HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-07-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
|
|
| Docket Date |
2020-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
| Description |
Order Denying Amicus Curiae Brief ~ Upon consideration of appellee’s July 15, 2020 response in opposition, it is ORDERED that Florida Coalition for Preservation, Sabal Island Civic Committee, and Ocean Ridge Yacht Club Homeowners Association's July 15, 2020 “motion for leave to file amicus curiae brief” is denied. The proposed amicus curiae brief is stricken from the docket.
|
|
| Docket Date |
2020-07-15
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief ~ **STRICKEN FROM DOCKET**
|
| On Behalf Of |
Rachel Streitfeld
|
|
| Docket Date |
2020-07-15
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curiae Brief
|
| On Behalf Of |
Rachel Streitfeld
|
|
| Docket Date |
2020-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF
|
| On Behalf Of |
Waterfront ICW Properties, LLC
|
|
| Docket Date |
2020-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Rachel Streitfeld
|
|
| Docket Date |
2020-07-14
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
|
|
| Docket Date |
2020-07-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
|
|
| Docket Date |
2020-07-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 07/23/2020)
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| On Behalf Of |
Waterfront ICW Properties, LLC
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| Docket Date |
2020-06-26
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
Order Granting EOT for Appellant's Reply Brief ~ Upon consideration of appellee’s June 25, 2020 response in opposition, it is ORDERED that appellant’s June 25, 2020 “motion for extension of time for filing of reply brief (opposed)” is granted, and appellant shall serve the reply brief on or before July 14, 2020. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| Docket Date |
2020-06-25
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ IN OPPOSITION TO MOTION FOR EXTENSION OF TIME FOR FILING OF REPLY BRIEF
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| On Behalf Of |
Waterfront ICW Properties, LLC
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|
| Docket Date |
2020-06-25
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Mot. for Extension of Time to File Reply Brief
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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|
| Docket Date |
2020-05-15
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 05/28/2020
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|
| Docket Date |
2020-04-16
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| Type |
Brief
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| Subtype |
Amended Initial Brief
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| Description |
Amended Appellant's Initial Brief
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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|
| Docket Date |
2020-03-27
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
Waterfront ICW Properties, LLC
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|
| Docket Date |
2020-03-26
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| Type |
Motions Relating to Briefs
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| Subtype |
Motion to Amend Brief
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| Description |
Motion For Leave To File Amended Brief
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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|
| Docket Date |
2020-03-20
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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|
| Docket Date |
2020-01-16
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| Type |
Order
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| Subtype |
Order on Motion For Substitution of Counsel
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| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the stipulation for substitution of counsel filed January 14, 2020, the law firm of Tobin & Reyes, P.A. is substituted for the law firm of Shutts & Bowen, LLP as counsel for appellee, Waterfront ICW Properties, LLC, in the above-styled cause.
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| Docket Date |
2020-01-14
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion For Substitution of Counsel
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| Description |
Stipulation for Substitution of Counsel
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| On Behalf Of |
Waterfront ICW Properties, LLC
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|
| Docket Date |
2019-12-13
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/27/2020.
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|
| Docket Date |
2019-12-13
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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|
| Docket Date |
2019-11-22
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 8,685 PAGES
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|
| Docket Date |
2019-11-21
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| Type |
Misc. Events
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| Subtype |
Docketing Statement
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| Description |
Docketing Statement
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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|
| Docket Date |
2019-11-21
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| Type |
Record
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| Subtype |
Transcript
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| Description |
Transcript Received ~ 1213 PAGES
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| On Behalf Of |
Clerk - Palm Beach
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|
| Docket Date |
2019-10-22
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| Type |
Order
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| Subtype |
Order Vacating/Withdrawing Order
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| Description |
Order Vacated ~ ORDERED that, upon consideration of appellant’s October 21, 2019 notice, this court’s October 21, 2019 order to pay filing fee is vacated.
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|
| Docket Date |
2019-10-21
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ **VACATED**The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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 circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2019-10-21
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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|
| Docket Date |
2019-10-21
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2019-10-18
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF:Not Required
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|
| Docket Date |
2019-10-18
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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 |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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|
| Docket Date |
2020-03-05
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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|
| Docket Date |
2020-03-02
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss
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| On Behalf Of |
Waterfront ICW Properties, LLC
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|
| Docket Date |
2020-02-18
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion To File Supplemental Record
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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|
| Docket Date |
2020-01-21
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
Waterfront ICW Properties, LLC
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|
| Docket Date |
2020-05-15
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension - Answer Brief
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| On Behalf Of |
Waterfront ICW Properties, LLC
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|
| Docket Date |
2020-04-03
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| Type |
Order
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| Subtype |
Order on Motion For Leave To File Amended Brief
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| Description |
Grant Motion Serve Amended Brief ~ Upon consideration of appellee’s March 27, 2020 response, it is ORDERED that appellant’s March 26, 2020 motion for leave to file amended initial brief is granted, and appellant shall serve the amended initial brief, citing to the already filed record on appeal and supplemental records, within fifteen (15) days from the date of this order.
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|
| Docket Date |
2020-03-10
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| Type |
Order
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| Subtype |
Order on Motion To Dismiss
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| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s March 5, 2020 response, it is ORDERED that appellee Waterfront ICW Properties, LLC’s March 2, 2020 “motion to dismiss for failure to comply with court order” is denied. Fla. R. App. P. 9.300(b) (explaining that “service of a motion shall toll the time schedule of any proceeding in the court until disposition of the motion”). Further, ORDERED that appellant’s February 18, 2020 motion to supplement the record is granted, and the record is supplemented with the documents included in the appendices to this motion.
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|
| Docket Date |
2020-02-18
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ **SUPPLEMENTAL RECORDS** VOLUME I
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
|
|
| Docket Date |
2020-01-29
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellee Waterfront ICW Properties, LLC’s January 21, 2020 response, it is ORDERED that appellant’s January 21, 2020 motion for extension of time to file initial brief is granted, and appellant shall serve the initial brief on or before February 28, 2020. 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.
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| Docket Date |
2020-01-21
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
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