Docket Date |
2024-04-17
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-04-17
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-03-27
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order on Motion For Attorney's Fees
|
View |
View File
|
|
Docket Date |
2024-03-27
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed
|
View |
View File
|
|
Docket Date |
2023-11-30
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-09-07
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion for Clarification ~ OF THE NOVEMBER 23, 2022 ORDER
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-08-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLEE WILL NOT FILE AN ANSWER BRIEF
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-07-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellee's July 13, 2023 notice of unavailability is stricken as unauthorized.
|
|
Docket Date |
2023-07-13
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-07-12
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Order Denying Stay ~ ORDERED that appellant's June 13, 2023 request for leave to file a reply is granted and, upon consideration of appellee's June 14, 2023 response and appellant's June 13, 2023 reply, appellant's April 24, 2023 motion to stay is denied without prejudice to filing a motion for review in this court after filing a motion to stay pending appeal in the lower tribunal. Further, ORDERED that appellant's June 13, 2023 request for "leave to move in the Lower Court for an Order to add Ramin Afshar, the agent and co-owner of High Seas LLC as a part plaintiff/appellee herein" is denied.
|
|
Docket Date |
2023-06-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's June 13, 2023 response 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 |
2023-06-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLANT'S DEMAND TO STAY ISSUANCE OF RENTDEPOSITORY CHECK IN LIGHT OF RECUSAL
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-06-13
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **STRICKEN** IN OPPOSITION TO APPELLANT'S DEMAND TO STAY ISSUANCE OF RENT DEPOSITORY CHECK IN LIGHT OF RECUSAL
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-06-13
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ REQUEST FOR LEAVE TO REPLY AND REQUEST TO ADD PARTY PLAINTIFF/APPELLEE
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-06-13
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s June 9, 2023 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 |
2023-06-09
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ ***STRICKEN***IN OPPOSITION TO APPELLANT'S DEMAND TO STAY ISSUANCE OF RENTDEPOSITORY CHECK IN LIGHT OF RECUSAL
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-06-02
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF RENT DEPOSIT
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-06-01
|
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 April 24, 2023 demand to stay.
|
|
Docket Date |
2023-05-26
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Order
|
Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ ORDER ON HEARING AS TO PENDING MOTIONS REGARDING RELINQUISHMENTOF JURISDICTION
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-04-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ AND NOTICE OF COMPLIANCE WITH THE MARCH 29, 2023 ORDER
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-04-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee's April 28, 2023 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.Appellee shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
Docket Date |
2023-04-24
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-04-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 10, 2023 motion for extension of time is granted. Appellant’s initial brief was filed April 10, 2023.
|
|
Docket Date |
2023-04-10
|
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 |
Ian H. Kaufman
|
|
Docket Date |
2023-04-10
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-04-06
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ ORDERED that appellee's April 4, 2023 amended motion to lift stay of execution of the writ of possession is denied. Pursuant to this Court's amended November 23, 2022 order, appellee is entitled to a lift of the stay "upon entry of an order by the trial court that determines noncompliance with the bond requirements or untimely rent payment into the registry of the court." The determination of whether appellant timely deposited the rent payment must be made by the trial court, not this Court. Further, ORDERED that appellant's April 4, 2023 motion for sanctions is denied.
|
|
Docket Date |
2023-04-05
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF RENT DEPOSIT
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-04-05
|
Type |
Motions Other
|
Subtype |
Motion for Sanctions
|
Description |
Motion for sanctions ~ AND OPPOSITION TO MOTION TO LIFT EXECUTION OF WRIT OF POSSESSION
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-04-04
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's April 3, 2023 motion to lift stay of execution 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 |
2023-04-04
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ AMENDED MOTION TO LIFT STAY OF EXECUTION OF THE WRIT OF POSSESSION
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-04-03
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ **STRICKEN** MOTION TO LIFT STAY OF EXECUTION OF THE WRIT OF POSSESSION
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-03-29
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that, upon consideration of appellant's March 23, 2023 response, appellee's March 3, 2023 "motion for release of court registry funds, or in the alternative, leave to request release of court registry funds from the lower court" is treated as a motion to relinquish jurisdiction, and is granted. Jurisdiction is relinquished to the trial court for thirty (30) days for the purpose of determining whether the rent funds held in the court registry should be released. The appellee shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
Docket Date |
2023-03-23
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-03-03
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION FOR RELEASE OF COURT REGISTRY FUNDS, OR IN THE ALTERNATIVE, FOR LEAVE TO REQUEST RELEASE OF COURT REGISTRY FUNDS FROM THE LOWER COURT
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-03-02
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ RENT RECEIPT & RESERVATION OF RIGHT TO SEEK RENT REDUCTION
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-02-20
|
Type |
Order
|
Subtype |
Order on Motion To Compel
|
Description |
Order Denying Motion to Compel ~ ORDERED that appellant's motion to compel, contained within appellant's February 2, 2023 status report, is denied. Further, ORDERED that appellant's motion for extension of time, contained within appellant's February 2, 2023 status report is granted, and appellant shall serve the initial brief within forty-five (45) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above–styled case may be subject to dismissal or the court in its discretion may impose other sanctions. Further, ORDERED that appellee's motion to strike, contained in appellee's February 7, 2023 response, is denied. Further, ORDERED that appellee's motion to dismiss, contained in appellee's February 7, 2023 response, is denied. See Rogers v. State, 277 So. 3d 1115, 1116 (Fla. 2d DCA 2019) ("It is well established that the sanction of dismissal is an extreme sanction and 'should be employed sparingly and only after repeated violations or contumacious disregard of a court's orders.'") (quoting Krebs v. State, 588 So. 2d 38, 38 (Fla. 5th DCA 1991)). Further, ORDERED that appellant's February 15, 2023 motion for leave to file a reply is denied. Further,ORDERED that appellee's February 17, 2023 responses are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service do not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
Docket Date |
2023-02-17
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **STRICKEN, SEE 02/20/2023 ORDER** AMENDED RESPONSE IN OPPOSITION TO APPELLANT/ PETITIONER(S) STATUS REPORT FILED WITH REQUESTS FOR RELIEF
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-02-15
|
Type |
Motions Other
|
Subtype |
Motion for Leave to File Reply
|
Description |
Motion for leave to file reply ~ **SEE AMENDED MOTION**
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-02-07
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **MOTION TO DISMISS DENIED. SEE 02/20/2023 ORDER.** IN OPPOSITION TO APPELLANT/ PETITIONER(S) STATUS REPORT FILED WITH REQUESTS FOR RELIEF AND APPELLEE'S MOTION FOR SANCTIONS AGAINST APPELLANT AND MOTION TO DISMISS APPEAL
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-02-03
|
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 2, 2023 status report.
|
|
Docket Date |
2023-02-02
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ **MOTION TO COMPEL DENIED. MOTION FOR EXTENSION OF TIME GRANTED. SEE 02/20/2023 ORDER.** AND REQUEST FOR EXTENSION OF TIME
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-01-30
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 341 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-01-27
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order for Status Report Re: ROA ~ Upon consideration of the notice of inability to transmit the record filed by the clerk of the lower tribunal on January 10, 2023, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
Docket Date |
2023-01-23
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-01-23
|
Type |
Order
|
Subtype |
Order on Motion for Leave to File Reply
|
Description |
ORD-Granting Leave to File Reply ~ ORDERED that appellant's January 20, 2023 motion for leave to file a reply is granted, and appellant's January 20, 2023 reply is deemed filed as of the date of this order. Further, ORDERED that, upon consideration of appellee's January 13, 2023 response and appellant's January 20, 2023 reply, appellant's December 6, 2022 motion for review is denied. See Fortune v. Pantin, 851 So. 2d 274 (Fla. 5th DCA 2003) (“In the absence of a transcript, this court is unable to evaluate the sufficiency of the evidence considered by the trial court in support of its factual findings, and instead presumes such findings to be correct.”).
|
|
Docket Date |
2023-01-20
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's January 18, 2023 reply to response is stricken as unauthorized.
|
|
Docket Date |
2023-01-20
|
Type |
Motions Other
|
Subtype |
Motion for Leave to File Reply
|
Description |
Motion for leave to file reply
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-01-18
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response ~ **STRICKEN**
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2023-01-13
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT'S EMERGENCY MOTION TO REVIEW
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2023-01-10
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-01-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that appellee's January 5, 2023 motion for extension of time is granted, and the time for filing a response is extended to and including January 13, 2023.
|
|
Docket Date |
2023-01-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ TO APPELLANT/ PETITIONER(S) EMERGENCY MOTION TO REVIEW
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2022-12-29
|
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 December 6, 2022 motion for review.
|
|
Docket Date |
2022-12-28
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2022-12-07
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF RENT DEPOSIT
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2022-12-07
|
Type |
Order
|
Subtype |
Order on Request for Emergency Treatment
|
Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant's December 6, 2022 request for emergency treatment is denied. "[A]n 'emergency' is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm." Admin. Order No. 2014-1. Dispossession of property does not constitute irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); see also 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); Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) ("The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment."). The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
Docket Date |
2022-12-06
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2022-12-06
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Request for Emergency Treatment
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2022-11-30
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2022-11-29
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2022-11-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2022-11-23
|
Type |
Order
|
Subtype |
Order on Motion For Review
|
Description |
ORD-Grant Motion for Review ~ ORDERED that appellant’s November 8, 2022 motion to stay is treated as a motion for review of the trial court’s order denying his motion to stay and is granted. The November 2, 2022 final judgment of eviction is stayed pending disposition of this appeal. Jurisdiction is remanded to the trial court to determine appropriate bond conditions for the stay and to determine an appropriate amount of accrued rent and future rent to be paid into the registry of the trial court while the appeal is pending. Failure to timely post bond or pay rent into the registry of the trial court shall entitle appellee to an order from this court lifting the stay of execution of the writ of possession, or for the issuance of an alias writ of possession directing the Sheriff of Broward County to execute same and place appellee back in possession of the rental property. Appellant shall promptly file with this court a copy of the order of the trial court determining bond conditions and the amount of rent to be paid into the registry of the trial court. Further, ORDERED that appellant’s November 22, 2022 motion for leave to file a reply and request for emergency treatment are denied.
|
|
Docket Date |
2022-11-22
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Request for Emergency Treatment ~ **DENIED, SEE 11/23/2022 ORDER**
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2022-11-21
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO REQUEST FOR EMERGENCY TREATMENT AND EMERGENCY MOTION TO STAY
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2022-11-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ AMENDED AS TO FONT
|
On Behalf Of |
High Seas, LLC
|
|
Docket Date |
2022-11-14
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellee shall file an expedited response, within five (5) days from the date of this order, to appellant's November 8, 2022 request for emergency treatment and emergency motion to stay. The November 2, 2022 final judgment of eviction is temporarily stayed pending the disposition of appellant's November 8, 2022 request for emergency treatment or until further order of this court.
|
|
Docket Date |
2022-11-08
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
|
Docket Date |
2022-11-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-11-08
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Request for Emergency Treatment ~ AMENDED
|
On Behalf Of |
Ian H. Kaufman
|
|
Docket Date |
2022-11-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ *Filing Fee Paid Through Portal*
|
On Behalf Of |
Ian H. Kaufman
|
|