| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
20-1021-CI
|
Parties
| Name |
LEOPOLD FRIEDMAN
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
ELIZABETH A. GREEN, ESQ., CHRISTA C. TURNER, ESQ., Danielle L Merola, Esq., CHARLES A. SAMARKOS, ESQ., Andrew V Layden, Esq.
|
|
| Name |
919 OLD WINTER HAVEN ROAD, SPE, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
KEVIN H. MARINO, ESQ., JOHN D. TORTORELLA, ESQ., MARK J. CRISER, ESQ.
|
|
| Name |
HON. PATRICIA A. MUSCARELLA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-03
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - PC Denied
|
|
| Docket Date |
2024-03-19
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2024-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ Attorney Kevin H. Marino's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorney Mark J. Criser with all submissions when serving foreign attorney Marino with documents.
|
|
| Docket Date |
2024-01-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ John D. Tortorella
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, SPE, LLC
|
|
| Docket Date |
2024-01-31
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
Pro Hac Vice Fee Paid through Portal ~ Kevin H. Marino
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, SPE, LLC
|
|
| Docket Date |
2024-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, MARCH 19, 2024, at 11:00 A.M., before: Judge Craig C. Villanti, Judge J. Andrew Atkinson, Judge Andrea T. Smith. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College Of Law, Tampa Law Center, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2024-01-22
|
| Type |
Order
|
| Subtype |
Order re Counsel
|
| Description |
Order on Foreign Attorney ~ Within twenty days from the date of this order, Attorneys Kevin H. Marino andJohn D. Tortorella shall move to appear in this court pro hac vice pursuant to FloridaRule of General Practice and Judicial Administration 2.510 or the attorneys will beremoved from this proceeding.
|
|
| Docket Date |
2024-01-19
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
LEOPOLD FRIEDMAN
|
|
| Docket Date |
2024-01-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LEOPOLD FRIEDMAN
|
|
| Docket Date |
2024-01-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF SUBSTITUTION OF COUNSEL FOR RESPONDENTS
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, SPE, LLC
|
|
| Docket Date |
2023-12-20
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ OPPOSITION TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, SPE, LLC
|
|
| Docket Date |
2023-11-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-11-20
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
| Docket Date |
2023-11-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
LEOPOLD FRIEDMAN
|
|
| Docket Date |
2023-11-17
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
LEOPOLD FRIEDMAN
|
|
| Docket Date |
2023-11-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
LEOPOLD FRIEDMAN
|
|
| Docket Date |
2024-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ **AMENDED ORDER**This case is provisionally set for oral argument on TUESDAY, MARCH 19, 2024, at 9:30 A.M., before: Judge Craig C. Villanti, Judge J. Andrew Atkinson, Judge Andrea T. Smith. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College Of Law, Tampa Law Center, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2019CA-7617
|
Parties
| Name |
JOYCE C. CASTRO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JASON R. DELGADO, ESQ., LISA TANAKA, ESQ.
|
|
| Name |
FRANK JULIO CASTRO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADDIT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SKYLINE MANAGEMENT GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LYRIC HEALTH CARE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LYRIC HEALTH CARE HOLDINGS I I I, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SKYLINE HEALTHCARE, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SUN ISLAND CAPITAL, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SLC PROFESSIONALS HOLINGS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FC LENDING-SUNSHINE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOSEPH SCHWARTZ, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
919 OLD WINTER HAVEN ROAD, SPE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOHN DWYER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MONTANI INVESTORS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
919 OLD WINTER HAVEN ROAD, L L C
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Seth M. Schimmel, Esq., LEANNE D. HOSKINS, ESQ., DONNA J. FUDGE, ESQ., JOAN C. FOY, ESQ., MICHELLE M. GERVAIS, ESQ., BRANDON SZYMULA, ESQ., MATTHEW CORY WILLIAMS, ESQ., JASON DANIEL JOFFE, ESQ., KENNETH N. JOHNSON, ESQ., ROBERT M. HEARN, ESQ., KEITH M. HOFFMAN, ESQ.
|
|
| Name |
BRIAR HILL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALAN J. ZUCCARI, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CAPITAL FUNDING GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AUBURNDALE OAKS CARE AND REHABILITATION CENTER, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ATLANTIC CARE AND REHABILITATION CENTER, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CLEAR WATER CARE AND REHABILITATION CENTER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHAEL RIVERA LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PACIFIC WESTERN BANK CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LYRIC HC OPERATIONS AQUISTITION, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIDGE CREST HEALTHCARE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AUBURNDALE OAKS HOLDING, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SLC PROFESSIONALS CHAI, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SUN ISLAND HEALTHCARE, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WEST JACKSONVILLE CARE AND REHABILITATION, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAUREL POINT CARE AND REHABILITATION CENTER, L L C
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TIMOTHY F. NICHOLSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. THOMAS M. RAMSBERGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-10-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-10-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellees, Briar Hill, Inc.; Lyric Health Care Holdings III, LLC; Lyric Health Care, LLC; Lyric HH Operations Acquisition, LLC; Capital Funding Group, Inc.; Ridge Crest Health Care, LLC; Addit, LLC; SLC Professionals Chai, LLC; SLC Professionals Holdings, LLC; 919 Winter Haven Road, LLC; John Dwyer; and Timothy F. Nicholson, have filed a motion for appellate attorney's fees based upon their proposal for settlement served pursuant to section 768.79, Florida Statutes (2020). Appellees' motion is provisionally granted and remanded to the circuit court for a determination of whether appellees satisfied the requirements of section 768.79 and are entitled to fees. If the court finds entitlement, it shall determine a reasonable amount of fees.
|
|
| Docket Date |
2022-03-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JOYCE C. CASTRO
|
|
| Docket Date |
2022-02-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLEES' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
JOYCE C. CASTRO
|
|
| Docket Date |
2022-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike-13a ~ Appellant’s “motion to strike appellees’ motion for appellate attorney’s fees” is denied.
|
|
| Docket Date |
2022-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE A REPLY BRIEF//17 - RB DUE 3/4/22
|
| On Behalf Of |
JOYCE C. CASTRO
|
|
| Docket Date |
2022-02-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO STRIKE APPELLEES' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2022-02-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ MOTION FOR ATTORNEY FEES
|
| On Behalf Of |
JOYCE C. CASTRO
|
|
| Docket Date |
2022-01-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2021-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 40 - RB DUE 2/15/22
|
| On Behalf Of |
JOYCE C. CASTRO
|
|
| Docket Date |
2021-12-09
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Appellees' motion to strike answer brief filed November 19, 2021, is granted. The answer brief is stricken. The amended answer brief is accepted as filed.
|
|
| Docket Date |
2021-12-07
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee Answer Brief ~ *accepted as filed. See 12/9/21 order.*
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2021-12-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2021-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion File Amended Brief-12c ~ Appellees' motion to file amended answer brief is granted. Within five days of the date of this order, Appellee shall serve an amended answer brief and a motion to strike the previously filed brief.
|
|
| Docket Date |
2021-11-30
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2021-11-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ *stricken-see 12/9/21 order*
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2021-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2021-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 50 - IB DUE 11/19/21
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2021-08-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JOYCE C. CASTRO
|
|
| Docket Date |
2021-08-18
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 64 PAGES
|
|
| Docket Date |
2021-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
grant supp/short/explain procedure ~ Appellant’s motion to supplement the record is granted to the extent that the Appellant shall make arrangements within three days with the clerk of lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Because the record must be supplemented through the clerk of the lower tribunal as just described, the copies of the record materials attached to the motion to supplement will not be considered by this court.
|
|
| Docket Date |
2021-07-27
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ UNOPPOSED MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
JOYCE C. CASTRO
|
|
| Docket Date |
2021-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 40 - IB DUE 8/31/21
|
| On Behalf Of |
JOYCE C. CASTRO
|
|
| Docket Date |
2021-07-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ RAMSBERGR - REDACTED - 1860 PAGES
|
|
| Docket Date |
2021-06-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Attorney Matthew Cory Williams is removed from this proceeding.
|
|
| Docket Date |
2021-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JOYCE C. CASTRO
|
|
| Docket Date |
2021-06-10
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2021-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case ~ NOTICE OF RELATED CASES
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2021-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
919 OLD WINTER HAVEN ROAD, L L C
|
|
| Docket Date |
2021-05-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within twenty days from the date of this order, Attorney Matthew Cory Williams shall move to appear in this court pro hac vice or he will be removed from this proceeding.
|
|
| Docket Date |
2021-05-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
JOYCE C. CASTRO
|
|
| Docket Date |
2021-05-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
