|
NE 32nd Street LLC; Hillsboro Inlet Investments, LLC; Broward ICW Investments, LLC; and South Spanish Trail, LLC, Florida limited liability companies, Appellant(s) v. The Board of Trustees of the Internal Improvement Trust Fund and The Florida Department of Environmental Protection, Appellee(s).
|
1D2022-0532
|
2022-02-23
|
Closed
|
|
| 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.
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|
|
|
SOUTH SPANISH TRAIL, LLC VS CARIBBEAN CROSSING, LTD., INC., et al.
|
4D2021-0696
|
2021-02-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA011403XXXXMB
|
Parties
| Name |
SOUTH SPANISH TRAIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ricardo Alberto Reyes, Carrie Stolzer Robinson, Sacha Aaron Boegem
|
|
| Name |
All Others in Possession by and through Caribbean Crossings, LTD, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GLOBENET CABOS SUBMARINOS AMERICA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Board of Trustees of the Internal Improvement Trust Fund, etc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Caribbean Crossing, LTD., Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Timothy Newhall, Jessica Fishfeld, Jared Kessler, Robert Russell Kane, Katherine Marie Clemente, Elisa Hevia Baca, Humberto H. Ocariz, Mark F. Bideau, Elliot Scherker
|
|
| Name |
Hon. James Nutt
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ Upon consideration of appellee, Caribbean Crossings, Ltd., Inc.'s March 22, 2021 response, it is ORDERED that appellant's March 11, 2021 motion for rehearing is denied. See Tarik, Inc. v. NNN Acquisitions, Inc., 17 So. 3d 912, 913 (Fla. 4th DCA 2009) (dismissing an appeal where “the trial court simply granted [appellee’s] motion for summary judgment but did not enter a judgment or issue a writ of possession”).
|
|
| Docket Date |
2021-03-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's March 22, 2021 reply to response is stricken as unauthorized.
|
|
| Docket Date |
2021-03-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Caribbean Crossing, LTD., Inc.
|
|
| Docket Date |
2021-03-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND/OR CLARIFICATION
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-03-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant's February 15, 2021 jurisdictional brief and appellees' February 25, 2021 response, it is ORDERED that the above-styled appeal is dismissed for lack of jurisdiction as judicial labor remains and defendant's counterclaims are pending. Inman v. Inman, 26 So. 3d 724, 724-25 (Fla. 4th DCA 2010) (dismissing appeal where underlying order “procedurally...did not bring an end to the judicial labor required in this case”); see also Almacenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559, 562 (Fla. 3d DCA 2015) ("Rule 9.110(k) provides for appellate jurisdiction to hear a partial final judgment only when the claims adjudicated by that order are separate and independent from the portion of the case still to be adjudicated."). GROSS, KUNTZ and ARTAU, JJ., concur.
|
|
| Docket Date |
2021-03-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-02-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
Caribbean Crossing, LTD., Inc.
|
|
| Docket Date |
2021-02-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Caribbean Crossing, LTD., Inc.
|
|
| Docket Date |
2021-02-24
|
| 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 February 17, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) days from the issuance of an order on this court’s jurisdiction. 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 |
2021-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Caribbean Crossing, LTD., Inc.
|
|
| Docket Date |
2021-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's February 15, 2021 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2021-02-17
|
| 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 |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-15
|
| 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 |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-15
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-03
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-02-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
|
|
SOUTH SPANISH TRAIL, LLC VS GLOBENET CABOS SUBMARINOS AMERICA, INC., et al.
|
4D2021-0693
|
2021-02-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA015897XXXMB
|
Parties
| Name |
SOUTH SPANISH TRAIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Carrie Stolzer Robinson, Ricardo Alberto Reyes, Sacha Aaron Boegem
|
|
| Name |
All Others in Possession
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GLOBENET CABOS SUBMARINOS AMERICA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Russell Kane, Elisa Hevia Baca, Mark F. Bideau, Katherine Marie Clemente, Humberto H. Ocariz, Jessica Fishfeld, Elliot Scherker, Jared Kessler, Timothy Newhall
|
|
| Name |
Board of Trustees of the Internal Improvement Trust Fund, etc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Caribbean Crossing, LTD., Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. James Nutt
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ Upon consideration of appellee, Globenet Cabos Submarinos America, Inc.'s March 22, 2021 response, it is ORDERED that appellant's March 11, 2021 motion for rehearing is denied. See Tarik, Inc. v. NNN Acquisitions, Inc., 17 So. 3d 912, 913 (Fla. 4th DCA 2009) (dismissing an appeal where “the trial court simply granted [appellee’s] motion for summary judgment but did not enter a judgment or issue a writ of possession”).
|
|
| Docket Date |
2021-03-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's March 22, 2021 reply to response is stricken as unauthorized.
|
|
| Docket Date |
2021-03-22
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply ~ ***STRICKEN 3/23/21***
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-03-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND/OR CLARIFICATION
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-03-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-03-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant's February 15, 2021 jurisdictional brief and appellees' February 25, 2021 response, it is ORDERED that the above-styled appeal is dismissed for lack of jurisdiction as judicial labor remains and defendant's counterclaims are pending. Inman v. Inman, 26 So. 3d 724, 724-25 (Fla. 4th DCA 2010) (dismissing appeal where underlying order “procedurally...did not bring an end to the judicial labor required in this case”); see also Almacenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559, 562 (Fla. 3d DCA 2015) ("Rule 9.110(k) provides for appellate jurisdiction to hear a partial final judgment only when the claims adjudicated by that order are separate and independent from the portion of the case still to be adjudicated.").GROSS, KUNTZ and ARTAU, JJ., concur.
|
|
| Docket Date |
2021-02-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Globenet Cabos Submarinos America, Inc.
|
|
| Docket Date |
2021-02-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Globenet Cabos Submarinos America, Inc.
|
|
| Docket Date |
2021-02-24
|
| 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 February 17, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) days from the issuance of an order on this court’s jurisdiction. 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 |
2021-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Globenet Cabos Submarinos America, Inc.
|
|
| Docket Date |
2021-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's February 15, 2021 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2021-02-17
|
| 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 |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-15
|
| 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 |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-15
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-02-03
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-02-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
SOUTH SPANISH TRAIL, LLC VS LITTLE CARDINAL, LLC et al.
|
4D2021-0691
|
2021-02-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA005390XXXMB
|
Parties
| Name |
SOUTH SPANISH TRAIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ricardo Alberto Reyes, Carrie Stolzer Robinson, Sacha Aaron Boegem
|
|
| Name |
Florida Internal Improvement Fund
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
John Ferolito, Jr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
John Ferolito, Sr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GLOBENET CABOS SUBMARINOS AMERICA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LITTLE CARDINAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Elisa Hevia Baca, Jessica Fishfeld, Katherine Marie Clemente, Timothy Newhall, Humberto H. Ocariz, Elliot H. Scherker, Robert Russell Kane, Jared Kessler, Mark F. Bideau
|
|
| Name |
All Others in Possession by and through Little Cardinal, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. James Nutt
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Little Cardinal, LLC
|
|
| Docket Date |
2021-02-17
|
| 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 |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's February 15, 2021 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2021-02-15
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-15
|
| 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 |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-02-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
| Docket Date |
2021-03-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant's February 15, 2021 jurisdictional brief and appellees' February 25, 2021 response, it is ORDERED that the above-styled appeal is dismissed for lack of jurisdiction as counter claims remain pending and the order being appealed merely grants a motion for summary judgment. See Tarik, Inc. v. NNN Acquisitions, Inc., 17 So. 3d 912, 913 (Fla. 4th DCA 2009) (dismissing an appeal where “the trial court simply granted [appellee’s] motion for summary judgment but did not enter a judgment or issue a writ of possession”).GROSS, KUNTZ and ARTAU, JJ. concur.
|
|
| Docket Date |
2021-03-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-02-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Little Cardinal, LLC
|
|
| Docket Date |
2021-02-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Little Cardinal, LLC
|
|
| Docket Date |
2021-02-24
|
| 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 February 17, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) days from the issuance of an order on this court’s jurisdiction. 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 |
2021-02-03
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-02-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-02-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
South Spanish Trail, LLC
|
|
|
