|
DANIEL R. LUCAS VS JONATHAN H. KANTOR, et al.
|
4D2019-3263
|
2019-10-21
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
14-008002 (07)
|
Parties
| Name |
DANIEL R. LUCAS
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Tonja Haddad Coleman
|
|
| Name |
HAMILTION GROUP FUNDING, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JONATHAN H. KANTOR
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Paul Leo Kobak, Jason S. Oletsky
|
|
| Name |
FRANK R. PATTON, JR.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MIKE CLARK, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MARK KORELL
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Michael A. Robinson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-10-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-11-20
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the October 21, 2019 petition for writ of prohibition is denied.LEVINE, C.J., MAY and CONNER, JJ., concur.
|
|
| Docket Date |
2019-11-20
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2019-10-23
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
DANIEL R. LUCAS
|
|
| Docket Date |
2019-10-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2019-10-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the Petitioner's appendix to the Petition for Writ of Prohibition is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with 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 |
2019-10-21
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *STRICKEN**FILING FEE PAID ELECTRONICALLY*
|
|
| Docket Date |
2019-10-21
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
DANIEL R. LUCAS
|
|
|
|
JONATHAN H. KANTOR, et al. VS DANIEL R. LUCAS
|
4D2018-3170
|
2018-10-25
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
14-008002 (12)
|
Parties
| Name |
HAMILTON GROUP FUNDING, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
FRANK R. PATTON, JR.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JONATHAN H. KANTOR
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Christopher S. Carver, Jason S. Oletsky
|
|
| Name |
MIKE CLARK, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MARK KORELL
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
DANIEL R. LUCAS
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Larry A. Karns, Ryan Shrouder
|
|
| Name |
Hon. John J. Murphy , III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-03-15
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that the October 25, 2018 petition for writ of certiorari is granted, the September 25, 2018 order denying the motion to disqualify counsel is quashed, and this case is remanded for an evidentiary hearing to determine how respondent and/or his counsel obtained petitioners’ privileged emails and whether they may have access to other privileged material. The trial court shall make factual findings and based upon those findings reconsider whether opposing counsel should be disqualified.GROSS, MAY and DAMOORGIAN, JJ., concur.
|
|
| Docket Date |
2019-03-15
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2019-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
| Docket Date |
2019-01-22
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ REDACTED VERSION.
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
| Docket Date |
2019-01-15
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, having considered respondent's January 10, 2019 response, this Court's order to show cause why sanctions should not be imposed is discharged; furtherORDERED that Petitioner's January 11, 2019 unopposed motion for extension of time is granted. The time for Petitioner to file a reply is extended to January 22, 2019.
|
|
| Docket Date |
2019-01-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
| Docket Date |
2019-01-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
DANIEL R. LUCAS
|
|
| Docket Date |
2018-12-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **REDACTED** Respondents indicated in eDCA notes that "Unredacted document accidentally uploaded on 12-26-18."
|
| On Behalf Of |
DANIEL R. LUCAS
|
|
| Docket Date |
2018-12-26
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
DANIEL R. LUCAS
|
|
| Docket Date |
2018-12-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **CONFIDENTIAL** **RESPONSE IS NOT REDACTED- AN AMENDED REDACTED RESPONSE WILL BE FILED**
|
| On Behalf Of |
DANIEL R. LUCAS
|
|
| Docket Date |
2018-12-21
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
| Docket Date |
2018-12-21
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **CONFIDENTIAL. SEE 12/21/18 ORDER**
|
| On Behalf Of |
DANIEL R. LUCAS
|
|
| Docket Date |
2018-12-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Ord-Granting Emergency Motion ~ ORDERED that petitioners’ December 21, 2018 motion to seal the response to the petition for writ of certiorari and the accompanying appendix is granted. The clerk shall note that the filings are confidential and being filed under seal pursuant to the order of this court. Access to the unredacted petition and appendix shall be limited to the court’s personnel and counsel for the parties; further, ORDERED that within five (5) days, the respondents shall file a redacted response to the petition for writ of certiorari; further, ORDERED that within twenty (20) days, the respondents shall file a response and show cause why this court should not impose sanctions against Respondent’s counsel for, filing in the public record, information to which this Court previously ordered should be sealed.
|
|
| Docket Date |
2018-12-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **CONFIDENTIAL. SEE 12/21/18 ORDER**
|
| On Behalf Of |
DANIEL R. LUCAS
|
|
| Docket Date |
2018-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's unopposed motion for extension of time is granted. The time for respondent to file a response to the order to show cause is extended fourteen (14) days from the date of this order. Petitioner may file a reply within twenty-four (24) days thereafter.
|
|
| Docket Date |
2018-12-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
DANIEL R. LUCAS
|
|
| Docket Date |
2018-11-16
|
| 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 should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2018-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
| Docket Date |
2018-11-09
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ ***CONFIDENTIAL***
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
| Docket Date |
2018-11-09
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **CONFIDENTIAL**
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
| Docket Date |
2018-11-08
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that petitioners’ October 26, 2018 Motion for Leave to File Unredacted Petition for Writ of Certiorari and Unredacted Appendix Under Seal is granted. Within five (5) days of this order, petitioners shall electronically file the unredacted petition and appendix through this court’s eDCA system. When filing the unredacted petition and appendix, petitioners shall indicate in the eDCA Notes field that the filings are confidential and being filed under seal pursuant to order of this court. Access to the unredacted petition and appendix shall be limited to the court’s personnel and counsel for the parties.
|
|
| Docket Date |
2018-10-26
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILEUNREDACTED PETITION FOR WRIT OF CERTIORARI ANDUNREDACTED APPENDIX UNDER SEAL
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
| Docket Date |
2018-10-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2018-10-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-10-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-10-25
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
| Docket Date |
2018-10-25
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
|
|
JONATHAN H. KANTOR, HAMILTON GROUP FUNDING, INC., MIKE KORELL and MIKE CLARK VS DANIEL R. LUCAS
|
4D2017-3641
|
2017-11-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
14-008002 (07)
|
Parties
| Name |
HAMILTON GROUP FUNDING, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MARK KORELL
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MIKE CLARK, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JONATHAN H. KANTOR
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Jason S. Oletsky, Christopher S. Carver
|
|
| Name |
DANIEL R. LUCAS
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Ryan Shrouder, Larry A. Karns
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-01-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).WARNER, GROSS and CIKLIN, JJ., concur.
|
|
| Docket Date |
2018-01-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-11-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2017-11-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-11-27
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
| Docket Date |
2017-11-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-11-27
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
JONATHAN H. KANTOR
|
|
|
|
HAMILTON GROUP FUNDING, INC., et al. VS DANIEL R. LUCAS
|
4D2017-1478
|
2017-05-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
14-008002 (07)
|
Parties
| Name |
MARK KORELL
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MIKE CLARK, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
HAMILTON GROUP FUNDING, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
WILLIAM S. SPENCER, Christopher S. Carver, Jason S. Oletsky
|
|
| Name |
JONATHAN H. KANTOR
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
DANIEL R. LUCAS
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Ryan Shrouder, Larry A. Karns
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-19
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
HAMILTON GROUP FUNDING, INC.
|
|
| Docket Date |
2017-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the petitioners' June 8, 2017 motion for rehearing is denied.
|
|
| Docket Date |
2017-06-08
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
HAMILTON GROUP FUNDING, INC.
|
|
| Docket Date |
2017-06-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).GROSS, DAMOORGIAN and GERBER, JJ., concur.
|
|
| Docket Date |
2017-06-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-05-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-05-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-05-19
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
HAMILTON GROUP FUNDING, INC.
|
|
|
