HILLSBORO INLET INVESTMENTS, LLC, et al., Appellant(s) v. HILLSBORO BEACH DEVELOPMENT COMPANY, Appellee(s).
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4D2024-2791
|
2024-10-31
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015630
|
Parties
Name |
HILLSBORO INLET INVESTMENTS LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Zachary Paul Hyman
|
|
Name |
Willaim B. Swaim
|
Role |
Appellant
|
Status |
Active
|
|
Name |
FLORIDA REALTY SALES, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
William J Pfaffenberger
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Hon. Jack Ben Tuter, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hillsboro Beach Development Company
|
Role |
Appellee
|
Status |
Active
|
Representations |
Alicia Gonzalez, Beth Anne Cronin, Bryan Christopher Siddique, Carrie Robinson, Daniel Lawrence Abbott, David Nathan Tolces, Noah Temple Sjostrom, Ricardo Alberto Reyes, Richard A. Sherman, Jr., Robert Chase Meacham, Ryan H Lehrer, Sacha Aaron Boegem, Kyle McCabe, Lauren A. Marcil, Luna Ergas Phillips, Nicholas John Peter Meros, Gary A Woodfield, George Stephen LeMieux, Gregory Alan McAloon, Jennifer Helmy Wahba, John Joseph Agliano, John W Salmon, Timothy Leeds Newhall, Victor Stephen Cohen, Zane William Katz, Laura Keats Wendell, Michele A Cavallaro, Bradley Arthur Muhs
|
|
Docket Entries
Docket Date |
2024-11-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2024-11-01
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-11-01
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice of Related Cases
|
|
Docket Date |
2024-10-31
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-10-31
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2025-01-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2024-12-31
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal; Pages 1-13,878
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-12-09
|
Type |
Notice
|
Subtype |
Notice of Inability
|
Description |
Notice of Inability to Transmit the Record
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-12-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Limited Notice of Appearance and Designation of Email Addresses
|
|
Docket Date |
2024-12-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2024-11-04
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORDERED that, upon consideration of Appellants' November 1, 2024 Notice of Related Cases, case number 4D2024-2791 and consolidated case number 4D2024-2564 are consolidated for purposes of assignment to the same appellate panel only.
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HILLSBORO INLET INVESTMENTS, LLC and FLORIDA REALTY SALES, INC., Appellant(s) v. BROWARD ICW INVESTMENTS, LLC, et al., Appellee(s).
|
4D2024-2564
|
2024-10-07
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-008591
|
Parties
Name |
HILLSBORO INLET INVESTMENTS LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Zachary Paul Hyman
|
|
Name |
FLORIDA REALTY SALES, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
BROWARD ICW INVESTMENTS LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Carrie Robinson, George Stephen LeMieux, Jennifer Helmy Wahba, John W Salmon, Lauren A. Marcil, Luna Ergas Phillips, Noah Temple Sjostrom, Ricardo Alberto Reyes, Robert Chase Meacham
|
|
Name |
HILLSBORO INLET CORPORATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Parcel 1 and Parcel 4 Intervenors
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Board of Trustees of the Internal Improvement Trust Fund, etc.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HILLSBORO REALTY, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
COASTAL ENERGY RESOURCES LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BROWARD COUNTY ICW LAND, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BROWARD ICW CROSSINGS LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BROWARD ICW DOCKS LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Jack Ben Tuter, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-05
|
Type |
Motions Other
|
Subtype |
Motion for Leave to File Reply
|
Description |
Motion For Leave To File Reply To Appellants' Amended Response To Motion To Dismiss
|
|
Docket Date |
2024-11-04
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORDERED that, upon consideration of Appellants' November 1, 2024 Notice of Related Cases, case number 4D2024-2791 and consolidated case number 4D2024-2564 are consolidated for purposes of assignment to the same appellate panel only.
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View File
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Docket Date |
2024-10-31
|
Type |
Response
|
Subtype |
Response
|
Description |
Appellants' Amended Response to Motion to Dismiss
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
|
Docket Date |
2024-10-30
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Appellant's Notice to Withdraw Amended Response to Motion to Dismiss
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
|
Docket Date |
2024-10-29
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellants' October 25, 2024 motion 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). You are notified of the requirement to serve the Appellees with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellees. Appellants may re-file the document with a proper certificate of service which indicates service on the Appellees within fifteen (15) days from the date of this order.
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View |
View File
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Docket Date |
2024-10-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Motion to Dismiss
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
|
Docket Date |
2024-10-18
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORDERED that, upon consideration of Appellees' October 15, 2024 Notice of Related Cases, case numbers 4D2024-2564, 4D2024-2566, and 4D2024-2568 are consolidated for purposes of assignment to the same appellate panel only.
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View |
View File
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Docket Date |
2024-10-15
|
Type |
Notice
|
Subtype |
Related Case(s)
|
Description |
Notice of Related Case(s)
|
On Behalf Of |
Broward ICW Investments, LLC
|
View |
View File
|
|
Docket Date |
2024-10-08
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
|
Docket Date |
2024-10-08
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
|
Docket Date |
2024-10-07
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-10-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-10-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2024-11-13
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED that the Appellees' November 5, 2024 motion for leave to file a reply is granted, and the reply is deemed filed. Further,
ORDERED that, upon consideration of the Appellants' October 31, 2024 amended response and the Appellee's November 5, 2024 reply, the Appellees' October 7, 2024 motion to dismiss is granted, and this appeal is dismissed. Mendez v. W. Flagler Family Ass'n, 303 So. 2d 1, 5 (Fla. 1974); Pineside Condo. Ass'n, Inc. v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022).
DAMOORGIAN, LEVINE and ARTAU, JJ., concur.
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HILLSBORO INLET INVESTMENTS, LLC, Appellant(s) v. N.G. SCHICKMAN, Appellee(s).
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4D2024-2568
|
2024-10-07
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21-002295
|
Parties
Name |
Hon. Jack Ben Tuter, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
HILLSBORO INLET INVESTMENTS LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Zachary Paul Hyman
|
|
Name |
N.G. Schickman
|
Role |
Appellee
|
Status |
Active
|
Representations |
Carrie Robinson, George Stephen LeMieux, Luna Ergas Phillips, Noah Temple Sjostrom, Ricardo Alberto Reyes, Sacha Aaron Boegem, Timothy Leeds Newhall
|
|
Docket Entries
Docket Date |
2024-10-21
|
Type |
Recognizing Agreed Extension
|
Subtype |
Initial Brief
|
Description |
30 Days to November 29, 2024
|
|
Docket Date |
2024-10-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension of Time - Initial Brief
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
|
Docket Date |
2024-10-18
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORDERED that, upon consideration of Appellees' October 15, 2024 Notice of Related Cases, case numbers 4D2024-2564, 4D2024-2566, and 4D2024-2568 are consolidated for purposes of assignment to the same appellate panel only.
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View File
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Docket Date |
2024-10-15
|
Type |
Order
|
Subtype |
Order
|
Description |
ORDERED sua sponte that the court determines that this appeal seeks review of an order entered on an authorized and timely motion for relief from judgment, which is reviewable by the method prescribed by Florida Rule of Appellate Procedure 9.130. Fla. R. App. P. 9.130(a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
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View |
View File
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Docket Date |
2024-10-08
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
View |
View File
|
|
Docket Date |
2024-10-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-10-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2025-01-02
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
ORDERED that Appellant's December 20, 2024 motion to amend initial brief is granted. The brief is deemed timely filed as of the date of this order.
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View |
View File
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|
Docket Date |
2025-01-02
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Initial Brief
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
View |
View File
|
|
Docket Date |
2024-12-23
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellant's December 20, 2024 appendices to initial brief are stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that they were not filed as one document, were not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, were not completely text searchable, were not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contain bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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View |
View File
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|
Docket Date |
2024-12-23
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix to Initial Brief- Volume III
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
|
Docket Date |
2024-12-21
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix to Initial Brief- Volume I
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
|
Docket Date |
2024-12-20
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion to Amend Initial Brief
|
|
Docket Date |
2024-12-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
View |
View File
|
|
Docket Date |
2024-12-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDERED that Appellant's November 29, 2024 and December 6, 2024 motions for extension of time are granted, and Appellant shall serve the initial brief on or before December 16, 2024. 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.
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View |
View File
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|
Docket Date |
2024-12-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
|
Docket Date |
2024-11-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
|
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HILLSBORO INLET INVESTMENTS, LLC, et al., Appellant(s) v. HILLSBORO BEACH DEVELOPMENT COMPANY, et al., Appellee(s).
|
4D2024-2566
|
2024-10-07
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015630
|
Parties
Name |
William B. Swaim
|
Role |
Appellant
|
Status |
Active
|
|
Name |
FLORIDA REALTY SALES, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
William J Pfaffenberger
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Hon. Jack Ben Tuter, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
HILLSBORO INLET INVESTMENTS LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Zachary Paul Hyman
|
|
Name |
Hillsboro Beach Development Company
|
Role |
Appellee
|
Status |
Active
|
Representations |
Alicia Gonzalez, Bryan Christopher Siddique, Carrie Robinson, Daniel Lawrence Abbott, David Nathan Tolces, Gary A Woodfield, George Stephen LeMieux, Gregory Alan McAloon, Jennifer Helmy Wahba, John Joseph Agliano, John W Salmon, Lauren A. Marcil, Luna Ergas Phillips, Nicholas John Peter Meros, Noah Temple Sjostrom, Ricardo Alberto Reyes, Richard A. Sherman, Jr., Robert Chase Meacham, Ryan H Lehrer, Sacha Aaron Boegem, Timothy Leeds Newhall, Victor Stephen Cohen, Zane William Katz
|
|
Docket Entries
Docket Date |
2024-11-09
|
Type |
Response
|
Subtype |
Response
|
Description |
Appellees Bay Drive Homeowners'1 Response To Appellants' Amended Statement Regarding Basis For The Court's Subject Matter Jurisdiction
|
On Behalf Of |
Hillsboro Beach Development Company
|
|
Docket Date |
2024-10-31
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Amended Notice of Non-Representation of Parties
|
On Behalf Of |
Hillsboro Beach Development Company
|
|
Docket Date |
2024-10-30
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
View |
View File
|
|
Docket Date |
2024-10-29
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice of Non-Representation of Parties
|
On Behalf Of |
Hillsboro Beach Development Company
|
|
Docket Date |
2024-10-25
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
View |
View File
|
|
Docket Date |
2024-10-18
|
Type |
Order
|
Subtype |
Order on Consolidation
|
Description |
ORDERED that, upon consideration of Appellees' October 15, 2024 Notice of Related Cases, case numbers 4D2024-2564, 4D2024-2566, and 4D2024-2568 are consolidated for purposes of assignment to the same appellate panel only.
|
View |
View File
|
|
Docket Date |
2024-10-07
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-10-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-10-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2024-11-20
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED that, upon consideration of appellants' October 29, 2024 jurisdictional brief and appellees' November 8, 2024 response, this appeal is dismissed for lack of jurisdiction. See Valledor Co., Inc. v. Decky, 338 So. 3d 956, 958 (Fla. 3d DCA 2022); Stubbs v. Fed. Nat'l Mortg. Ass'n, 250 So. 3d 151, 152 (Fla. 2d DCA 2018) ("[A] rule 1.540 motion directed to a non-final order is improper and leaves us without jurisdiction to review the denial of the motion to vacate.").
KLINGENSMITH,C.J., CIKLIN and CONNER, JJ., concur.
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View |
View File
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|
Docket Date |
2024-10-29
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellants' October 25, 2024 motion 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). You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellants may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order.
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View |
View File
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|
Docket Date |
2024-10-15
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
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 this appeal is timely filed from the August 15, 2023 "Judicial Default" as the notice of appeal was not filed until October 1, 2024, more than thirty (30) days thereafter, and the motion to vacate does not appear to have tolled rendition of the order. See Fla. R. App. P. 9.110(b); see also Lawrence v. Marina Tower of Turnberry Isle Condo. Ass'n, Inc., 323 So. 3d 271 (Fla. 3d DCA 2021) (dismissing for lack of jurisdiction an appeal from an order where the notice of appeal was not filed within thirty days of the rendition of the order to be reviewed, and noting that a Rule 1.540(b) Motion did not toll rendition of said order); further Appellee may file a response within ten (10) days of service of that statement.
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HILLSBORO INLET INVESTMENTS LLC, et al., Appellant(s) v. HILLSBORO BEACH DEVELOPMENT COMPANY, et al., Appellee(s).
|
4D2024-0506
|
2024-02-28
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015630
|
Parties
Name |
HILLSBORO INLET INVESTMENTS LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Zachary Paul Hyman
|
|
Name |
William B. Swaim
|
Role |
Appellant
|
Status |
Active
|
|
Name |
FLORIDA REALTY SALES, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
William J Pfaffenberger
|
Role |
Appellant
|
Status |
Active
|
|
Name |
HILLSBORO BEACH CORPORATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HILLSBORO REALTY, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Kenneth Charles
|
Role |
Appellee
|
Status |
Active
|
Representations |
George Stephen LeMieux, Luna Ergas Phillips, Lauren A. Marcil
|
|
Name |
Lisa Charles
|
Role |
Appellee
|
Status |
Active
|
Representations |
George Stephen LeMieux, Luna Ergas Phillips, Lauren A. Marcil
|
|
Name |
John Radtke
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Chantal J Bagwell
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Linda Nudelman
|
Role |
Appellee
|
Status |
Active
|
|
Name |
1904 BAY DRIVE LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
OB3691836 LP
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SCAP.FL 12 LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Victor Stephen Cohen, John Joseph Agliano
|
|
Name |
HIllsboro Shores Improvement Assoc. Inc.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Alicia Gonzalez, Laura Keats Wendell
|
|
Name |
Hon. Jack Ben Tuter, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hillsboro Beach Development Company
|
Role |
Appellee
|
Status |
Active
|
Representations |
Alicia Gonzalez, Beth Anne Cronin, Bryan Christopher Siddique, Carrie Stolzer Robinson, Daniel Lawrence Abbott, David Nathan Tolces, Gary A Woodfield, George Stephen LeMieux, Gregory Alan McAloon, Harvey Lewis Rubinchik, Jennifer Helmy Wahba, John Joseph Agliano, John W Salmon, Kyle Francis McCabe, Lauren A. Marcil, Luna Ergas Phillips, Michele A Cavallaro, Nicholas Meros, Noah Temple Sjostrom, Ricardo Alberto Reyes, Richard A. Sherman, Jr., Robert Chase Meacham, Ryan H Lehrer, Timothy Leeds Newhall, Victor Stephen Cohen, Zane William Katz
|
|
Docket Entries
Docket Date |
2024-04-26
|
Type |
Response
|
Subtype |
Response
|
Description |
Response in Opposition to Motions to Dismiss Appeal
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
|
Docket Date |
2024-04-24
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Appellees' Motion For Attorney's Fees
|
|
Docket Date |
2024-05-29
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal pages 1-11,652
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-05-23
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED that, upon consideration of appellant's April 26, 2024 response, appellees' March 28, 2024 amended motion to dismiss, April 10, 2024 amended motion to dismiss, and April 15, 2024 motion to dismiss are granted. See Mohler v. Elliott, 332 So. 3d 1120, 1121 (Fla. 2d DCA 2022) ("The issue of damages. . . . remains in dispute; therefore, the order does not "dispose[ ] of a separate and distinct cause of action that is not interdependent with other pleaded claims.") (quoting Fla. R. App. P. 9.110(k)); Marina Bay Hotel & Club, Inc. v. McCallum, 733 So. 2d 1133, 1134 (Fla. 4th DCA 1999) ("Our mandate from the Florida Supreme Court is to narrowly interpret rule 9.130, which allows non-final appeals, so as to "restrict the number of appealable non-final orders.") (quoting Travelers Ins. Co. v. Bruns, 443 So. 2d 959, 961 (Fla. 1984)). It is further ORDERED that the April 24, 2024 motion for appellate attorney's fees is denied.
|
View |
View File
|
|
Docket Date |
2024-05-20
|
Type |
Order
|
Subtype |
Order for Party to File Status Report on Record
|
Description |
Upon consideration of the notice of inability to transmit the record filed by the clerk of the lower tribunal on May 10, 2024, it is ORDERED that Appellants 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.
|
View |
View File
|
|
Docket Date |
2024-05-10
|
Type |
Notice
|
Subtype |
Notice of Inability
|
Description |
Notice of Inability to Transmit the Record
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-04-27
|
Type |
Response
|
Subtype |
Response
|
Description |
CORRECTED RESPONSE IN OPPOSITION TO MOTIONS TO DISMISS APPEAL
|
|
Docket Date |
2024-04-26
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellants' April 25, 2024 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).
|
View |
View File
|
|
Docket Date |
2024-04-15
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
Appendix to Motion to Dismiss
|
On Behalf Of |
HIllsboro Shores Improvement Assoc. Inc.
|
|
Docket Date |
2024-04-15
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
|
Docket Date |
2024-04-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
HIllsboro Shores Improvement Assoc. Inc.
|
|
Docket Date |
2024-04-11
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Parcels 1 and 4 Intervenors Notice of Joinder in Bay Drive Homeowners' Amended Motion to Dismiss and SCAP. FL 12 LLC's Second Amended Motion to Dismiss
|
|
Docket Date |
2024-04-10
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Amended Motion To Dismiss
|
|
Docket Date |
2024-03-28
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Bay Drive Homeowners Amended Motion To Dismiss
|
|
Docket Date |
2024-03-26
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Filing
|
View |
View File
|
|
Docket Date |
2024-03-26
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
|
Docket Date |
2024-03-09
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-03-08
|
Type |
Miscellaneous Document
|
Subtype |
Pay Notice Joinder Fee-295
|
Description |
Paid Notice Joinder Fee-295
|
On Behalf Of |
Hillsboro Inlet Investments, LLC
|
View |
View File
|
|
Docket Date |
2024-02-28
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-02-28
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-02-28
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
|
|
Docket Date |
2024-04-18
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORDERED that Appellants are directed to respond, within five (5) days from the date of this order, to Appellee SCAP.FL 12 LLC's April 10, 2024 second amended motion to dismiss appeal.
|
View |
View File
|
|
Docket Date |
2024-04-02
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that SCAP. FL 12, LLC's March 28, 2024 motion to dismiss and amended motion to dismiss 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).
|
View |
View File
|
|
Docket Date |
2024-03-08
|
Type |
Order
|
Subtype |
Order
|
Description |
ORDERED that the February 28, 2024 amended notice of appeal is treated as a notice of joinder for realignment, as appellants were excluded from the February 22, 2024 notice of appeal, and the time for the excluded appellants to file a separate notice of appeal expired on February 22, 2024. See Fla. R. App. P. 9.110(b). The case caption shall be amended as follows: Hillsboro Inlet Investments, LLC, William B. Swaim, Florida Realty Sales, Inc., and William J. Pfaffenberger, Appellants v. Hillsboro Beach Development Company, et al., Appellees. Further, The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.
ORDERED, appellants shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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 the cross-appeal 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 joinder has a duty to tender the filing fee to the appellate court. 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.
|
View |
View File
|
|
|
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.
|
|
|