| Entity Name: | NE 32ND STREET LLC |
| Jurisdiction: | FLORIDA |
| Filing Type: | Florida Limited Liability Co. |
| Status: | Active |
| Date Filed: | 11 Apr 2016 (9 years ago) |
| Document Number: | L16000071209 |
| FEI/EIN Number | 812294981 |
| Address: | 5455 VIA DELRAY, DELRAY BEACH, FL, 33484, US |
| Mail Address: | 5455 VIA DELRAY, DELRAY BEACH, FL, 33484, US |
| ZIP code: | 33484 |
| County: | Palm Beach |
| Place of Formation: | FLORIDA |
| Name | Role | Address |
|---|---|---|
| SWAIM WILLIAM B | Agent | 5455 VIA DELRAY, DELRAY BEACH, FL, 33484 |
| Name | Role | Address |
|---|---|---|
| SWAIM WILLIAM B | Manager | 5455 VIA DELRAY, DELRAY BEACH, FL, 33484 |
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| NE 32nd STREET, LLC, Appellant(s) v. STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, etc., Appellee(s). | 4D2024-1298 | 2024-05-22 | Open | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Name | NE 32ND STREET LLC |
| Role | Appellant |
| Status | Active |
| Representations | Michael H Nullman, Terry Ellen Resk |
| Name | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Role | Appellee |
| Status | Active |
| Representations | Timothy Leeds Newhall |
| Name | Hon. Luis Delgado, Jr. |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Palm Beach Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-11-12 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice of Good Cause |
| Docket Date | 2024-10-30 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal pgs 1-- 5,983 |
| On Behalf Of | Palm Beach Clerk |
| Docket Date | 2024-10-24 |
| Type | Recognizing Agreed Extension |
| Subtype | Initial Brief |
| Description | TO 12/20/24; Initial Brief |
| Docket Date | 2024-10-22 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| Docket Date | 2024-10-16 |
| Type | Order |
| Subtype | Order on Motion To Dismiss |
| Description | ORDERED that, upon consideration of appellant's September 26, 2024 response, appellees' September 11, 2024 motion to dismiss is denied. Geico Gen. Ins. Co. v. Williams, 111 So. 3d 240, 246 (Fla. 4th DCA 2013). Appellant shall file the initial brief within ten (10) days from the date of this order. |
| View | View File |
| Docket Date | 2024-09-26 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Appellant's Response to Appellees' "Motion to Dismiss Appeal of Non-Final Order for Lack of Jurisdiction" |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2024-09-26 |
| Type | Response |
| Subtype | Response |
| Description | Appellant's Response to Appellees' "Motion to Dismiss Appeal of Non-Final Order for Lack of Jurisdiction" |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2024-09-12 |
| Type | Record |
| Subtype | Appendix to Motion |
| Description | Appendix to Motion |
| Docket Date | 2024-09-12 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion To Dismiss |
| Docket Date | 2024-08-21 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| Docket Date | 2024-08-01 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing |
| Docket Date | 2024-07-16 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | ORDERED that, upon consideration of the Appellant's July 12, 2024 status report, the trial court is directed to file, within ten (10) days from the date of this order, a status report regarding the disposition of the May 3, 2024 "motion for rehearing of order denying plaintiff's second renewed motion for attorneys' fees and costs" and the May 22, 2024 response. |
| View | View File |
| Docket Date | 2024-07-12 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2025-01-08 |
| Type | Recognizing Agreed Extension |
| Subtype | Answer Brief |
| Description | 60 Days to March 20, 2025 |
| Docket Date | 2025-01-06 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension of Time - Answer Brief |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2024-12-20 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | NE 32nd Street, LLC |
| View | View File |
| Docket Date | 2024-12-02 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Record on Appeal pages 5,984 to 6,109 |
| On Behalf Of | Palm Beach Clerk |
| Docket Date | 2024-11-27 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | ORDERED that Appellant's November 27, 2024 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process. |
| View | View File |
| Docket Date | 2024-11-27 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement Record |
| Docket Date | 2024-10-28 |
| Type | Order |
| Subtype | Show Cause for Brief or Record on Appeal |
| Description | ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before November 11, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order. |
| View | View File |
| Docket Date | 2024-07-02 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | ORDERED that Appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the disposition of the pending motion in the trial court. |
| View | View File |
| Docket Date | 2024-05-24 |
| Type | Order |
| Subtype | Abeyance Order |
| Description | This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and Appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, Appellant shall file a status report with this court as to the progress being made towards disposition of the motion. |
| View | View File |
| Docket Date | 2024-05-23 |
| Type | Miscellaneous Document |
| Subtype | Pay Case Filing Fee-300 |
| Description | Pay Case Filing Fee-300 |
| View | View File |
| Docket Date | 2024-05-22 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal |
| Docket Date | 2024-05-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| View | View File |
| Docket Date | 2024-05-22 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order on Filing Fee |
| View | View File |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502020CA007967 Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502016CA003800 |
Parties
| Name | Nancy Petzold |
| Role | Appellant |
| Status | Active |
| Name | Eric Petzold |
| Role | Appellant |
| Status | Active |
| Representations | Robert J. Hauser, Elliot H. Scherker, Mark F. Bideau, Robert Russell Kane, Katherine Marie Clemente |
| Name | NE 32ND STREET LLC |
| Role | Appellee |
| Status | Active |
| Representations | Ricardo Alberto Reyes, Sacha Aaron Boegem, Carrie Stolzer Robinson |
| Name | MARINE ENGINEERING & CONSTRUCTION, INC. |
| Role | Appellee |
| Status | Active |
| Name | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Role | Appellee |
| Status | Active |
| Name | Department of Environmental Protection |
| Role | Appellee |
| Status | Active |
| Name | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Role | Appellee |
| Status | Active |
| Name | Hon. Luis Delgado |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-07-13 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2023-07-13 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed. |
| Docket Date | 2023-07-11 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal ~ (JOINT) |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2023-06-23 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-06-23 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-05-24 |
| Type | Order |
| Subtype | Order on Motion to Stay |
| Description | Grant Stay ~ ORDERED that appellants’ May 23, 2023 motion for extension of time is treated as a motion to stay, and the motion is granted. This case is stayed for thirty (30) days from the date of this order. |
| Docket Date | 2023-05-23 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Mot. for Extension of Time to File Reply Brief ~ **TREATED AS A MOTION TO STAY** |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-05-09 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | ORD-Granting Consolidation ~ Upon consideration of appellee's April 17 and May 1, 2023 responses, it is ORDERED that appellants' February 28, 2023 motion to consolidate and adopt briefing is granted, and case numbers 4D22-3264 and 4D23-287 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-3264. The briefs in 4D22-3264 are adopted as to this consolidated appeal. |
| Docket Date | 2023-04-17 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION TO CONSOLIDATE APPEALS AND ADOPT BRIEFING |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2023-03-22 |
| 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’ February 24, 2023 motion to allow and February 28, 2023 motion to consolidate. |
| Docket Date | 2023-03-20 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ (10,894 PAGES) |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2023-02-28 |
| Type | Motions Other |
| Subtype | Motion To Consolidate |
| Description | Motion To Consolidate |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-02-13 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-01-31 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-01-31 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-01-31 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-01-31 |
| 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. |
| Classification | NOA Final - Circuit Civil - Other |
| 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 502020CA007967 |
Parties
| Name | Nancy Petzold |
| Role | Appellant |
| Status | Active |
| Name | Eric Petzold |
| Role | Appellant |
| Status | Active |
| Representations | Katherine Marie Clemente, Mark F. Bideau, Robert J. Hauser, Robert Russell Kane, Elliot H. Scherker |
| Name | Department of Environmental Protection |
| Role | Appellee |
| Status | Active |
| Name | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Role | Appellee |
| Status | Active |
| Name | MARINE ENGINEERING & CONSTRUCTION, INC. |
| Role | Appellee |
| Status | Active |
| Name | NE 32ND STREET LLC |
| Role | Appellee |
| Status | Active |
| Representations | Carrie Stolzer Robinson, Ricardo Alberto Reyes, Sacha Aaron Boegem |
| Name | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Role | Appellee |
| Status | Active |
| Name | Hon. Luis Delgado |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-02-07 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 days to March 14, 2023 |
| Docket Date | 2023-01-20 |
| 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 | 2022-12-20 |
| Type | Order |
| Subtype | Order on Motion For Review |
| Description | Order Denying Motion For Review ~ Upon consideration of appellee’s December 13, 2022, it is ORDERED that appellant’s December 8, 2022 motion to stay is treated as a motion for review and is denied. See B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award). |
| Docket Date | 2022-12-08 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2023-07-13 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed. |
| Docket Date | 2023-07-13 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2023-07-11 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal ~ (JOINT) |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2023-06-23 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-06-23 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-05-24 |
| Type | Order |
| Subtype | Order on Motion to Stay |
| Description | Grant Stay ~ ORDERED that appellants’ May 23, 2023 motion for extension of time is treated as a motion to stay, and the motion is granted. This case is stayed for thirty (30) days from the date of this order. |
| Docket Date | 2023-05-23 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Mot. for Extension of Time to File Reply Brief ~ **TREATED AS A MOTION TO STAY** |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-05-09 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | ORD-Granting Consolidation ~ Upon consideration of appellee's April 17 and May 1, 2023 responses, it is ORDERED that appellants' February 28, 2023 motion to consolidate and adopt briefing is granted, and case numbers 4D22-3264 and 4D23-287 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-3264. The briefs in 4D22-3264 are adopted as to this consolidated appeal. |
| Docket Date | 2023-05-01 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION TOCONSOLIDATE APPEALS AND ADOPT BRIEFING |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2023-04-21 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-Appellee to File Response ~ Upon consideration of appellee's April 17, 29023 response, it is ORDERED that appellants' February 24, 2023 motion to allow appeal to proceed on appendix in lieu of record on appeal is granted. Further, upon consideration of appellee's April 17, 2023 response, it is ORDERED that appellee is to respond within ten (10) days from the date of this order to appellants' request to adopt briefing should the appeals be consolidated for all purposes. |
| Docket Date | 2023-04-17 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO MOTION TO ALLOW. |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2023-04-06 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Grant EOT to file Response ~ ORDERED that appellee's April 4, 2023 motion for extension of time is granted, and the time for filing a response is extended ten (10) days from the date of this order. |
| Docket Date | 2023-04-04 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response ~ **AMENDED MOTION** |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2023-03-31 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response ~ **AMENDED MOTION FILED** |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2023-03-22 |
| 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’ February 24, 2023 motion to allow and February 28, 2023 motion to consolidate. |
| Docket Date | 2023-02-28 |
| Type | Motions Other |
| Subtype | Motion To Consolidate |
| Description | Motion To Consolidate ~ w/4D23-287 |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-02-24 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ TO ALLOW APPEAL TO PROCEED ONAPPENDIX IN LIEU OF RECORD ON APPEAL |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-02-07 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-02-06 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Eric Petzold |
| Docket Date | 2023-01-27 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2023-01-20 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 10 DAYS TO 2/2/23 |
| Docket Date | 2023-01-11 |
| Type | Order |
| Subtype | Order on Motion for Reconsideration/Rehearing of an Order |
| Description | Order Denying Rehearing Interim Order ~ ORDERED that appellant's January 4, 2023 motion for rehearing or reconsideration is denied. |
| Docket Date | 2023-01-04 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing/Interim Order |
| On Behalf Of | Eric Petzold |
| Docket Date | 2022-12-22 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Eric Petzold |
| Docket Date | 2022-12-22 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Eric Petzold |
| Docket Date | 2022-12-13 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s December 13, 2022 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). |
| Docket Date | 2022-12-13 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ NE 32nd Street, LLC |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2022-12-13 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2022-12-09 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| 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 | Motions Other |
| Subtype | Motion To Stay |
| Description | Motion To Stay ~ **TREATED AS A MOTION TO REVIEW** |
| On Behalf Of | Eric Petzold |
| Docket Date | 2022-12-08 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Eric Petzold |
| Docket Date | 2022-12-08 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2022-12-08 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2022-12-08 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO MOTION TO STAY. |
| On Behalf Of | Eric Petzold |
| 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. |
| Classification | NOA Final - Circuit Civil - Other |
| 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 502020CA007967 |
Parties
| Name | Florida Department of Environmental Protection |
| Role | Appellant |
| Status | Active |
| Name | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Role | Appellant |
| Status | Active |
| Representations | Alannah Lee Shubrick, Timothy Leeds Newhall |
| Name | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Role | Appellee |
| Status | Active |
| Representations | Carrie Stolzer Robinson, Neil B Jagolinzer, Barry Seth Balmuth, Ricardo Alberto Reyes, Sacha Aaron Boegem |
| Name | NE 32ND STREET LLC |
| Role | Appellee |
| Status | Active |
| Representations | Michael H Nullman |
| Name | Hon. Donald W. Hafele |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Palm Beach Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-12-07 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2023-12-07 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2023-11-21 |
| Type | Order |
| Subtype | Order on Motion for Rehearing En Banc |
| Description | Order on Motion for Rehearing En Banc |
| View | View File |
| Docket Date | 2023-10-31 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR REHEARING; FOR A WRITTEN OPINION; AND TO CERTIFY CONFLICT AND A QUESTION OF GREAT PUBLIC IMPORTANCE |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2023-10-27 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing and Rehearing En Banc |
| Description | PROPOSED AMENDED MOTION FOR REHEARING OR REHEARING EN BANC (TO MAINTAIN UNIFORMITY OF 4TH DCA DECISIONS); FOR A WRITTEN OPINION; AND TO CERTIFY CONFLICT AND A QUESTION OF GREAT PUBLIC IMPORTANCE, TO INCLUDE INADVERTENTLY OMITTED VERBATIM "STATEMENT FOR REHEARING EN BANC" |
| Docket Date | 2023-10-27 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | MOTION FOR LEAVE TO FILE AMENDED MOTION FOR REHEARING OR REHEARING EN BANC; FOR A WRITTEN OPINION; AND TO CERTIFY CONFLICT AND A QUESTION OF GREAT PUBLIC IMPORTANCE, TO INCLUDE INADVERTENTLY OMITTED VERBATIM "STATEMENT FOR REHEARING EN BANC" |
| Docket Date | 2023-10-19 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing and Rehearing En Banc |
| Description | Motion for Rehearing and Rehearing En Banc |
| Docket Date | 2023-10-04 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed In Part, and Dismissed In Part |
| View | View File |
| Docket Date | 2023-09-05 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Docket Date | 2023-08-25 |
| Type | Order |
| Subtype | Order Requiring Corporation/Entity to Obtain Counsel |
| Description | ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the August 22, 2023 motion of Ricardo A. Reyes, Esq., Sacha A. Boegem, Esq., Carrie Stolzer Robinson, Esq., and the law firm of Tobin, Reyes, Alvarez & DeBiase, PLLC for leave to withdraw as counsel for NE 32nd Street, LLC is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc’ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Accordingly, it isORDERED that appellee NE 32nd Street, LLC shall be barred from any participation in this case unless, within twenty (20) days from the date of this order, an attorney licensed to practice law enters an appearance on its behalf. Further, ORDERED that this case is stayed pending the above. |
| Docket Date | 2023-08-22 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion To Withdraw as Counsel |
| Description | Motion To Withdraw as Counsel |
| On Behalf Of | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Docket Date | 2023-03-30 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2023-03-21 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 7 DAYS TO 04/01/2023 |
| Docket Date | 2023-03-21 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief ~ AMENDED |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2023-02-23 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Docket Date | 2023-02-23 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-Allowing Attachment to Record ~ ORDERED that appellees’ February 23, 2023 motion to supplement the record is granted, and the record is supplemented to include the material mentioned in the motion. Said supplemental record is deemed filed as of the date of this order. |
| Docket Date | 2023-02-23 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records |
| On Behalf Of | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Docket Date | 2023-02-23 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Docket Date | 2023-01-04 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Docket Date | 2023-01-04 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 45 DAYS TO 02/23/2023 |
| Docket Date | 2022-11-22 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 45 DAYS TO 01/07/2023 |
| Docket Date | 2022-11-22 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Docket Date | 2022-10-24 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-10-13 |
| 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 October 7, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 24, 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 | 2022-10-07 |
| 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 | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-10-04 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ 373 PAGES |
| On Behalf Of | Palm Beach Clerk |
| Docket Date | 2022-10-03 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | Order Granting Motion to Supplement the Record ~ ORDERED that appellant’s September 30, 2022 third motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process. |
| Docket Date | 2022-09-30 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ DOCUMENTS SUPPLEMENTING RECORD ON APPEAL |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-09-30 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-09-30 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO APPELLANT'S THIRD MOTION TO SUPPLEMENT RECORD |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-09-27 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | ORD-Allowing Attachment to Record ~ ORDERED that appellant’s September 27, 2022 motion to supplement the record is granted, and the record is supplemented to include the material listed in the motion. Said supplemental record is deemed filed as of the date of this order. |
| Docket Date | 2022-09-27 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-09-27 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-09-20 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ 134 PAGES |
| On Behalf Of | Palm Beach Clerk |
| Docket Date | 2022-09-19 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ unopposed September 15, 2022 motion to relinquish jurisdiction is treated as a motion to file a supplemental record and is granted. The transcripts of the March 8, 2021 and June 1, 2021 hearings shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellants shall monitor the supplementation process. |
| Docket Date | 2022-09-15 |
| Type | Motions Other |
| Subtype | Motion To Relinquish Jurisdiction |
| Description | Motion To Relinquish Jurisdiction |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-09-15 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-08-23 |
| Type | Order |
| Subtype | Order on Motion For Clarification |
| Description | Grant Clarification ~ ORDERED that the appellants’ August 5, 2022 motion for clarification of deadline is granted. Appellants’ initial brief is due on or before October 10, 2022. |
| Docket Date | 2022-08-19 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 4,441 PAGES |
| On Behalf Of | Palm Beach Clerk |
| Docket Date | 2022-08-05 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Clarification |
| Description | Motion for Clarification ~ OF DEADLINE AND ALTERNATIVE MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-08-01 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s June 14, 2022 amended jurisdictional brief and appellee’s July 15, 2022 response, the appeal shall proceed. |
| Docket Date | 2022-07-15 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ IN OPPOSITION TO APPELLANT'S AMENDED JURISDICTIONAL BRIEF |
| On Behalf Of | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Docket Date | 2022-07-15 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Docket Date | 2022-07-08 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Grant EOT to file Response ~ ORDERED that appellees’ July 7, 2022 motion for extension of time is granted, and the time for filing a response to appellants’ amended jurisdictional brief is extended until July 15, 2022. |
| Docket Date | 2022-07-07 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Docket Date | 2022-06-30 |
| 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’ June 14, 2022 amended jurisdictional brief. |
| Docket Date | 2022-06-14 |
| Type | Notice |
| Subtype | Amended Notice of Appeal |
| Description | Amended Notice of Appeal |
| On Behalf Of | Palm Beach Clerk |
| Docket Date | 2022-06-14 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s June 13, 2022 jurisdictional brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). |
| Docket Date | 2022-06-14 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ AMENDED |
| Docket Date | 2022-06-14 |
| Type | Brief |
| Subtype | Jurisdictional Brief |
| Description | Jurisdictional Brief ~ AMENDED |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-06-13 |
| Type | Brief |
| Subtype | Jurisdictional Brief |
| Description | Jurisdictional Brief ~ **Stricken** |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-06-07 |
| 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, appellant shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the May 13, 2022 notice of voluntary dismissal turns the June 30, 2021 order into an appealable final order, as the June 30, 2021 order does not enter a partial judgment. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (“A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary.”); Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) (“An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.”). Further,Appellee may file a response within ten (10) days of service of that statement. |
| Docket Date | 2022-06-06 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | NF:Not Required |
| Docket Date | 2022-06-06 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2022-06-06 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Classification | NOA Final - Administrative - Other |
| Court | 1st District Court of Appeal |
| Originating Court |
Administrative Agency 21-2495RX |
Parties
| Name | SOUTH SPANISH TRAIL, LLC |
| Role | Appellant |
| Status | Active |
| Name | NE 32ND STREET LLC |
| Role | Appellant |
| Status | Active |
| Representations | John J. Fumero, Susan Roeder Martin |
| Name | HILLSBORO INLET INVESTMENTS LLC |
| Role | Appellant |
| Status | Active |
| Name | BROWARD ICW INVESTMENTS LLC |
| Role | Appellant |
| Status | Active |
| Name | Florida Department of Environmental Protection |
| Role | Appellee |
| Status | Active |
| Representations | Jeffrey Brown, Justin G. Wolfe, Ronald W. Hoenstine III, Chadwick R. Stevens |
| Name | Board of Trustees of the Internal Improvement Trust Fund |
| Role | Appellee |
| Status | Active |
| Name | Darren A. Schwartz |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Julie Hunsaker |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2022-03-18 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 1362 pages |
| On Behalf Of | Julie Hunsaker |
| Docket Date | 2022-03-16 |
| Type | Misc. Events |
| Subtype | Docketing Statement |
| Description | Docketing Statement |
| On Behalf Of | NE 32nd Street LLC |
| Docket Date | 2022-02-24 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | CASE FILING FEE PAID THROUGH PORTAL |
| On Behalf Of | NE 32nd Street LLC |
| Docket Date | 2022-05-20 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief |
| On Behalf Of | Florida Department of Environmental Protection |
| Docket Date | 2022-04-25 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Motion For Oral Argument |
| On Behalf Of | NE 32nd Street LLC |
| Docket Date | 2022-04-21 |
| Type | Order |
| Subtype | Order Discharging Show Cause Order |
| Description | NBBF Discharged ~ Upon review of the recently filed amended brief by the Appellant in this case, the Court sua sponte discharges its order of April 19, 2022, requiring Appellant to file an amended brief or to show cause why the sanctions should not be imposed. |
| Docket Date | 2022-02-24 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Administrative / Acknowledgement letter ~ Notice of Appeal in this Administrative action, filed in this Court on February 23, 2022, and in the lower tribunal on February 23, 2022. |
| Docket Date | 2022-02-23 |
| Type | Misc. Events |
| Subtype | Order Appealed |
| Description | Order Appealed |
| On Behalf Of | Julie Hunsaker |
| Docket Date | 2022-02-23 |
| Type | Notice |
| Subtype | Notice of Appeal Transmittal Form |
| Description | Notice of Appeal Transmittal Form |
| On Behalf Of | Julie Hunsaker |
| Docket Date | 2022-04-19 |
| Type | Order |
| Subtype | Order |
| Description | Notice Non-Compliant Initial Brief ~ DISCHARGED The initial brief filed by the Appellant on April 18, 2022, fails to comply with Florida Rule of Appellate Procedure 9.045, 9.210, or 9.420 or Florida Rules of General Practice and Judicial Administration 2.420, 2.515, or 2.516. The initial brief:exceeds the applicable word count or lacks a certification of word count, if computer-generatedWithin 10 days of this order, Appellant may serve a complete amended initial brief that complies with the above rules. The brief should be clearly designated as "amended." Substitute pages will not be accepted. Alternatively, Appellant may file a response that shows cause why the initial brief cannot be corrected. Failure to comply with this order may result in imposition of sanctions, which may include dismissal of the case. See Fla. R. App. P. 9.410. Upon the filing of a compliant amended initial brief, this Court will issue an order that discharges this order. The time for service of any authorized responsive brief will be 30 days from the date of the order discharging this order. |
| Docket Date | 2022-04-19 |
| Type | Brief |
| Subtype | Amended Initial Brief |
| Description | Amended Initial Brief |
| On Behalf Of | NE 32nd Street LLC |
| Docket Date | 2022-04-18 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | NE 32nd Street LLC |
| Docket Date | 2023-09-26 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2023-09-26 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2023-09-06 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed 372 So. 3d 636 |
| View | View File |
| Docket Date | 2022-12-05 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | OA Denied ~ Appellant's motion for oral argument docketed April 25, 2022, is denied. |
| Docket Date | 2022-08-09 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | NE 32nd Street LLC |
| Docket Date | 2022-07-20 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Florida Department of Environmental Protection |
| Docket Date | 2022-06-13 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Grant Ans Brf Ext/No Fur EOT unless Extraord ~ The Court grants Appellees’ motion for extension of time to serve the answer brief, docketed on May 20, 2022. Appellees shall serve the answer brief on or before July 20, 2022. No further extensions will be granted except upon a showing of emergency circumstances. |
| Classification | NOA Non Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 2016CA003800 |
Parties
| Name | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Role | Appellant |
| Status | Active |
| Representations | Timothy Newhall, Alannah Shubrick |
| Name | Florida Department of Environmental Protection |
| Role | Appellee |
| Status | Active |
| Name | Dorothy Jacks, as Palm Beach County Property Appraiser |
| Role | Appellee |
| Status | Active |
| Name | NE 32ND STREET LLC |
| Role | Appellee |
| Status | Active |
| Representations | Jeffrey M. Clyman, Ricardo Alberto Reyes, Zachary P. Hyman, Michael P. Hamaway, Leonard C. Atkins, Frederick Aschauer, Mitchell W. Berger, Jennifer Jayne Kramer, Richard C. Hutchison, Barry Seth Balmuth, Timothy Newhall, Anthony Pogorzelski, Guy Rasco, Jonathan A. Glogau, Daniel L. Abbott, Matthew Z. Zimmerman, Neil B. Jagolinzer |
| 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 | 2021-09-09 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Judge |
| Docket Date | 2021-09-09 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that appellant’s August 27, 2021 motion for leave to file a reply is granted and is deemed accepted. It is further ORDERED that upon consideration of the appellee’s August 18, 2021 response and the appellant’s August 27, 2021 reply, the above-styled case is dismissed for lack of subject matter jurisdiction because the June 28, 2021 order is not a non-final appealable order under Florida Rule of Appellate Procedure 9.130(a)(3)(B) or Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). Further, ORDERED that appellant’s August 3, 2021 amended motion to relinquish jurisdiction is determined to be moot. CONNER, C.J., FORST and KLINGENSMITH, JJ., concur. |
| Docket Date | 2021-08-27 |
| Type | Motions Other |
| Subtype | Motion for Leave to File Reply |
| Description | Motion for leave to file reply |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2021-08-18 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-08-18 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ IN OPPOSITION TO APPELLANT'S AMENDED MOTION TO RELINQUISH JURISDICTION |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-08-03 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ AMENDED APPENDIX TO MOTION TO RELINQUISH JURISDICTION |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2021-08-03 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s July 30, 2021 motion to relinquish jurisdiction is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). |
| Docket Date | 2021-08-03 |
| Type | Motions Other |
| Subtype | Motion To Relinquish Jurisdiction |
| Description | Motion To Relinquish Jurisdiction ~ AMENDED |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2021-08-02 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | Order Vacated ~ ORDERED that this court's July 30, 2021 filing fee order is vacated. |
| Docket Date | 2021-07-30 |
| 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. |
| Docket Date | 2021-07-30 |
| Type | Motions Other |
| Subtype | Motion To Relinquish Jurisdiction |
| Description | Motion To Relinquish Jurisdiction |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2021-07-30 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-07-30 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix ~ TO MOTION TO RELINQUISH JURISDICTION |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Docket Date | 2021-07-29 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | NF:Not Required |
| Docket Date | 2021-07-29 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Board of Trustees of the Internal Improvement Trust Fund, etc. |
| Classification | NOA Final - County Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 2020CC2346, 2020AP64 |
Parties
| Name | NE 32ND STREET LLC |
| Role | Appellant |
| Status | Active |
| Representations | Sacha Aaron Boegem, Ricardo Alberto Reyes, Carrie Stolzer Robinson |
| Name | MARINE ENGINEERING & CONSTRUCTION, INC. |
| Role | Appellee |
| Status | Active |
| Representations | Scott A. Weires |
| Name | Hon. Reginald Roy Corlew |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2222-02-15 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **CASES 21-401 AND 21-412 ARE CONSOLIDATED FOR PANEL PURPOSES. SEE 02/15/2021 ORDER.** |
| Docket Date | 2022-01-07 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2022-01-07 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-12-15 |
| Type | Order |
| Subtype | Order on Motion For Clarification |
| Description | Deny Clarification ~ ORDERED that appellant's October 28, 2021 motion for clarification and written opinion is denied. |
| Docket Date | 2021-10-28 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Clarification |
| Description | Motion for Clarification ~ AND FOR WRITTEN OPINION |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-10-14 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Per Curiam Affirmed |
| Docket Date | 2021-10-05 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 4DCA |
| Docket Date | 2021-09-17 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ RE: ORAL ARGUMENT |
| On Behalf Of | Marine Engineering & Construction, Inc. |
| Docket Date | 2021-09-10 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ ORDERED that oral argument in this case is rescheduled for October 5, 2021, at 10:00 A.M. for 15 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff from 3:30pm to 3:45pm on either September 29, 2021 or October 4, 2021 at Zoom meeting ID |
| Docket Date | 2021-07-12 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ ORDERED that case numbers 21-401 and 21-412 are consolidated for oral argument purposes, with a time allotted of fifteen (15) minutes per side. Appellant shall argue both cases together in its allotted time, and appellees shall split their argument time between the attorneys representing them in each case as they deem appropriate, letting the court know at the beginning of oral argument how much time will be taken by each attorney arguing for appellees. |
| Docket Date | 2021-04-26 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-04-05 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Deny Miscellaneous Motion ~ ORDERED that appellant's December 11, 2020 "motion for ruling on initial brief and/or to preclude oral argument by appellee for appellee's failure to comply with rules of appellate procedure" is denied. This court notes that appellee's answer brief is deemed accepted. |
| Docket Date | 2021-03-26 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Marine Engineering & Construction, Inc. |
| Docket Date | 2021-03-15 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Upon consideration of appellant's March 12, 2021 and February 24, 2021 status report and appellee's March 10, 2021 response, it is ORDERED that appellee shall serve the answer brief within twenty (20) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal. Further, ORDERED that appellant shall serve the reply brief within thirty (30) days from service of the answer brief. |
| Docket Date | 2021-03-12 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report ~ AMENDED |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-03-10 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO APPELLANT'S STATUS REPORT |
| On Behalf Of | Marine Engineering & Construction, Inc. |
| Docket Date | 2021-03-01 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant's February 24, 2021 status report. |
| Docket Date | 2021-02-24 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-02-15 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Upon consideration of appellee's February 1, 2021 notice of similar case pending and appellant's February 2, 2021 response, it is ORDERED that the above–styled case numbers are now consolidated for the purpose of designation to the same appellate panel for review and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110. |
| Docket Date | 2021-02-02 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ IN OPPOSITION TO APPELLEES' CORRECTED NOTICE OF RELATED CASES |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-02-02 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's January 29, 2021 notice of related cases 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 | 2021-02-02 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending |
| On Behalf Of | Marine Engineering & Construction, Inc. |
| Docket Date | 2021-01-29 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending ~ **STRICKEN** |
| On Behalf Of | Marine Engineering & Construction, Inc. |
| Docket Date | 2021-01-27 |
| Type | Order |
| Subtype | Order to File Response re Jurisdiction |
| Description | Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings. |
| Docket Date | 2021-01-27 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ OF COMPLIANCE WITH JANUARY 27, 2021 COURT ORDER |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-01-25 |
| Type | Notice |
| Subtype | Amended Notice of Appeal |
| Description | Amended Notice of Appeal |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-01-21 |
| Type | Order |
| Subtype | Order |
| Description | Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order. |
| Docket Date | 2021-01-20 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| Docket Date | 2021-01-19 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 202 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2021-01-19 |
| Type | Notice |
| Subtype | Appeal Transfer Cover Sheet |
| Description | Appeal Transfer Form |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2021-01-19 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-01-19 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | NF:Not Required |
| Classification | NOA Final - County Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 2020CC2352, 2020AP65 |
Parties
| Name | NE 32ND STREET LLC |
| Role | Appellant |
| Status | Active |
| Representations | Sacha Aaron Boegem, Ricardo Alberto Reyes, Carrie Stolzer Robinson |
| Name | Nancy Petzold |
| Role | Appellee |
| Status | Active |
| Name | Eric Petzold |
| Role | Appellee |
| Status | Active |
| Representations | Scott A. Weires, Robert J. Hauser |
| Name | Hon. Reginald Roy Corlew |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2222-02-15 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **CASES 21-401 AND 21-412 ARE CONSOLIDATED FOR PANEL PURPOSES. SEE 02/15/2021 ORDER.** |
| Docket Date | 2222-01-21 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ **NO GJ** |
| Docket Date | 2021-12-03 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2021-12-03 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2021-11-08 |
| Type | Order |
| Subtype | Order on Motion For Clarification |
| Description | Deny Clarification ~ ORDERED that appellant's October 28, 2021 motion for clarification and written opinion is denied. |
| Docket Date | 2021-10-29 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO POST-OPINION MOTION |
| On Behalf Of | Eric Petzold |
| Docket Date | 2021-10-28 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Clarification |
| Description | Motion For Clarification ~ AND FOR WRITTEN OPINION |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-10-14 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Per Curiam Affirmed |
| Docket Date | 2021-10-05 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 4DCA |
| Docket Date | 2021-09-17 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ RE: ORAL ARGUMENT |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-09-10 |
| Type | Order |
| Subtype | Order Re: Video Oral Argument |
| Description | Order Re: Video Oral Argument ~ ORDERED that oral argument in this case is rescheduled for October 5, 2021, at 10:00 A.M. for 15 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff from 3:30pm to 3:45pm on either September 29, 2021 or October 4, 2021 at Zoom meeting ID |
| Docket Date | 2021-07-12 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 5, 2021, at 10:00 A.M. for 15 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on Wednesday or Thursday of the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely. |
| Docket Date | 2021-04-05 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-03-24 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | ORD-Reply Brief to be Served ~ ORDERED that appellant's March 23, 2021 motion for extension of time is granted, and appellant shall serve the reply brief within ten (10) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time. |
| Docket Date | 2021-03-23 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Mot. for Extension of Time to File Reply Brief |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-02-23 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Order Granting EOT for Appellant's Reply Brief ~ ORDERED, upon consideration of appellant's February 22, 2021 status report, this case shall proceed. Appellant shall file the reply brief within thirty (30) days from the date of this order. |
| Docket Date | 2021-02-22 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Order to File Status Report ~ ORDERED that appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made toward the relinquishment of jurisdiction. |
| Docket Date | 2021-02-22 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report ~ and MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-02-15 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ Upon consideration of appellee's February 1, 2021 notice of similar case pending and appellant's February 2, 2021 response, it is ORDERED that the above–styled case numbers are now consolidated for the purpose of designation to the same appellate panel for review and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110. |
| Docket Date | 2021-02-02 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending ~ **STRICKEN** |
| On Behalf Of | Eric Petzold |
| Docket Date | 2021-02-02 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ IN OPPOSITION TO APPELLEES' CORRECTED NOTICE OF RELATED CASES |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-02-02 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ February 2, 2021 notice of related cases 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 | 2021-01-25 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar Case Pending |
| On Behalf Of | NE 32nd Street, LLC |
| Docket Date | 2021-01-21 |
| Type | Order |
| Subtype | Order |
| Description | Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order. |
| Docket Date | 2021-01-20 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-01-20 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| Docket Date | 2021-01-19 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 216 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2021-01-19 |
| Type | Notice |
| Subtype | Circuit Court Appeal Documents |
| Description | Circuit Court Appeal Documents |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2021-01-19 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | NF:Not Required |
| Name | Date |
|---|---|
| ANNUAL REPORT | 2024-03-02 |
| ANNUAL REPORT | 2023-01-31 |
| ANNUAL REPORT | 2022-04-24 |
| ANNUAL REPORT | 2021-02-01 |
| ANNUAL REPORT | 2020-01-12 |
| ANNUAL REPORT | 2019-04-09 |
| ANNUAL REPORT | 2018-01-12 |
| ANNUAL REPORT | 2017-01-09 |
| Florida Limited Liability | 2016-04-11 |
Date of last update: 03 Feb 2025
Sources: Florida Department of State
