| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA015681XXXXMB
|
Parties
| Name |
Carmen Otero
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PM SERVICES INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Wanda Ruiz
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kimberly J. Fernandes
|
|
| Name |
ALTMAN MANAGEMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
John H. Reynolds
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicholas Francis Demes, John Polderman, Terrance W. Anderson, Jr.
|
|
| Name |
Hon. Paige Hardy Gillman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-08-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ July 22, 2022 amended motion for written opinion is denied.
|
|
| Docket Date |
2022-07-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ "MOTION FOR WRITTEN OPINION"
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2022-07-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-04-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2022-03-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
John H. Reynolds
|
|
| Docket Date |
2022-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
John H. Reynolds
|
|
| Docket Date |
2022-02-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2022-02-23
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **MOTION GRANTED**
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2022-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellants' February 23, 2022 motion to supplement the record is granted, and the record is supplemented to include the hearing transcript of March 23, 2021. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-02-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2022-01-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 406 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that appellants’ January 14, 2022 motion for extension of time is granted, and the time for the clerk of the lower tribunal to prepare the record on appeal and serve the index to the record is extended to and including January 31, 2022. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b). Further,ORDERED that appellants’ January 14, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before February 25, 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 |
2022-01-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2021-11-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2021-11-18
|
| 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 |
2021-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2021-11-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA015681XXXXMB
|
Parties
| Name |
Wanda Ruiz
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kimberly J. Fernandes, John Polderman, Dennis LeVine, Terrance W. Anderson, Jr., Russell Ethridge
|
|
| Name |
PM SERVICES INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Carmen Otero
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ALTMAN MANAGEMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
John H. Reynolds
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John H. Reynolds, Anthony J. Aragona, Nicholas Francis Demes
|
|
| Name |
Hon. Paige Hardy Gillman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-06-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellants’ May 11, 2021, jurisdictional brief and appellee’s May 18, 2021, response, this appeal is dismissed for lack of jurisdiction. Fla. R. App. P. 9.110(a)(1); Fla. R. App. P. 9.030(b)(1)(A); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974); Paige v. Am. Sec. Ins. Co., 987 So. 2d 128, 129 (Fla. 4th DCA 2008); Coral Gables Imps., Inc. v. Suarez, 306 So. 3d 348, 350-51 (Fla. 3d DCA 2020).CIKLIN, KUNTZ and ARTAU, JJ., concur.
|
|
| Docket Date |
2021-05-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEE'S STATEMENT OF JURISDICTION
|
| On Behalf Of |
John H. Reynolds
|
|
| Docket Date |
2021-05-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s May 17, 2021 notice of appearance 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 |
2021-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
John H. Reynolds
|
|
| Docket Date |
2021-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
John H. Reynolds
|
|
| Docket Date |
2021-05-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee Altman Management, LLC’s May 14, 2021 notice of appearance 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. Further, ORDERED that appellee Altman Management, LLC’s May 14, 2021 notice of appearance is also 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 Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
John H. Reynolds
|
|
| Docket Date |
2021-05-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2021-05-11
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2021-05-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Wanda Ruiz
|
|
| Docket Date |
2021-05-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-07
|
| 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 order appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the April 6, 2021 "order approving settlement" is an appealable final order pursuant to Florida Rule of Appellate Procedure 9.110. See Paige v. Am. Sec. Ins. Co., 987 So. 2d 128, 129 (Fla. 4th DCA 2008) (finding that an order lacking words of finality is not a final judgment); further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-05-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Wanda Ruiz
|
|
|
