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TYLER TUCHOW, Individually and as Trustee of TYLER TUCHOW REVOCABLE TRUST VS JOHN SHELLMAN and MARIANNE SHELLMAN
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4D2019-1647
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2019-06-05
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Closed
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-015205
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Parties
| Name |
TYLER TUCHOW LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel McLeod, Nicholas D. Freeman
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|
| Name |
TYLER TUCHOW REVOCABLE TRUST
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| Role |
Appellant
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| Status |
Active
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|
| Name |
MARIANNE SHELLMAN
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| Role |
Appellee
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| Status |
Active
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|
| Name |
JOHN SHELLMAN
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| Role |
Appellee
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| Status |
Active
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| Representations |
Aaron Draizin
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2019-10-02
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| Type |
Disposition
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| Subtype |
Granted
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| Description |
Granted - Order by Judge
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| Docket Date |
2019-10-02
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| Type |
Disposition by Order
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| Subtype |
Granted
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| Description |
Order-Original Proceeding Granted ~ ORDERED that, no response having been filed to this Court’s order to show cause, the petition for writ of certiorari is granted, and the order allowing Respondent to plead a claim for punitive damages is quashed. The circuit court's order fails to make the requisite “affirmative finding that the plaintiff made a ‘reasonable showing by evidence,’ which would provide a ‘reasonable evidentiary basis for recovering such damages.’’’ United Auto. Ins. Co. v. Riverside Med. Assocs., Inc., 252 So. 3d 771 (Fla. 4th DCA 2018). As in Riverside, we quash the order under review and remand to the circuit court to enter its affirmative findings, or, if necessary, hold further proceedings consistent with this order. LEVINE, C.J., FORST and KUNTZ, JJ., concur.
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| Docket Date |
2019-08-14
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to File Response
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| Description |
Grant EOT to file Response ~ ORDERED that respondents' August 9, 2019 motion for extension of time is granted, and the time for filing a response is extended fifteen (15) days from the date of this order. Petitioners may file a reply within ten (10) days of service of the response.
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| Docket Date |
2019-08-09
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response
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| On Behalf Of |
JOHN SHELLMAN
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| Docket Date |
2019-07-10
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to File Response
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| Description |
Grant EOT to file Response ~ ORDERED that respondents’ July 9, 2019 motion for extension of time is granted, and the time for filing a response is extended thirty (30) days from the date of this order.
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| Docket Date |
2019-07-09
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response
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| On Behalf Of |
JOHN SHELLMAN
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| Docket Date |
2019-06-20
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response. United Auto. Ins. Co. v. Riverside Med. Assocs., Inc., 252 So. 3d 771 (Fla. 4th DCA 2018); Leinberger v. Magee, 226 So. 3d 899, 901 (Fla. 4th DCA 2017); Varnedore v. Copeland, 210 So. 3d 741 (Fla. 5th DCA 2017).
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| Docket Date |
2019-06-07
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| Type |
Order
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| Subtype |
Order on Motion to Consolidate
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| Description |
ORD-Granting Consolidation ~ ORDERED that Petitioner's June 6, 2019 Motion to Consolidate is granted. Case numbers 4D19-1647 and 4D19-1571 are consolidated for all purposes. This case shall proceed as a petition for writ of certiorari in 4D19-1571.
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| Docket Date |
2019-06-06
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2019-06-06
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2019-06-05
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
TYLER TUCHOW
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| Docket Date |
2019-06-05
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF:Not Required
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TYLER TUCHOW, individually and as Trustee of TYLER TUCHOW REVOCABLE TRUST VS JOHN SHELLMAN and MARIANNE SHELLMAN
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4D2019-1571
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2019-05-31
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-015205
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Parties
| Name |
TYLER TUCHOW LLC
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Nicholas D. Freeman, Daniel McLeod
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|
| Name |
TYLER TUCHOW REVOCABLE TRUST
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
MARIANNE SHELLMAN
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| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JOHN SHELLMAN
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| Role |
Respondent
|
| Status |
Active
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| Representations |
Aaron Draizin
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|
| Name |
Hon. Nicholas Lopane
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2019-06-06
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| Type |
Motions Other
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| Subtype |
Motion To Consolidate
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| Description |
Motion To Consolidate ~ W/19-1647.
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| On Behalf Of |
TYLER TUCHOW
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| Docket Date |
2019-06-03
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgment letter ~ AMENDED
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| Docket Date |
2019-05-31
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ *FILING FEE PAID ELECTRONICALLY*
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| On Behalf Of |
TYLER TUCHOW
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| Docket Date |
2019-05-31
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2019-05-31
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY*
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| On Behalf Of |
TYLER TUCHOW
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| Docket Date |
2019-10-02
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| Type |
Disposition
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| Subtype |
Granted
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| Description |
Granted - Order by Judge
|
|
| Docket Date |
2019-10-02
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that, no response having been filed to this Court’s order to show cause, the petition for writ of certiorari is granted, and the order allowing Respondent to plead a claim for punitive damages is quashed. The circuit court's order fails to make the requisite “affirmative finding that the plaintiff made a ‘reasonable showing by evidence,’ which would provide a ‘reasonable evidentiary basis for recovering such damages.’’’ United Auto. Ins. Co. v. Riverside Med. Assocs., Inc., 252 So. 3d 771 (Fla. 4th DCA 2018). As in Riverside, we quash the order under review and remand to the circuit court to enter its affirmative findings, or, if necessary, hold further proceedings consistent with this order. LEVINE, C.J., FORST and KUNTZ, JJ., concur.
|
|
| Docket Date |
2019-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondents' August 9, 2019 motion for extension of time is granted, and the time for filing a response is extended fifteen (15) days from the date of this order. Petitioners may file a reply within ten (10) days of service of the response.
|
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| Docket Date |
2019-08-09
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
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| On Behalf Of |
JOHN SHELLMAN
|
|
| Docket Date |
2019-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondents’ July 9, 2019 motion for extension of time is granted, and the time for filing a response is extended thirty (30) days from the date of this order.
|
|
| Docket Date |
2019-07-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
JOHN SHELLMAN
|
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| Docket Date |
2019-06-20
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response. United Auto. Ins. Co. v. Riverside Med. Assocs., Inc., 252 So. 3d 771 (Fla. 4th DCA 2018); Leinberger v. Magee, 226 So. 3d 899, 901 (Fla. 4th DCA 2017); Varnedore v. Copeland, 210 So. 3d 741 (Fla. 5th DCA 2017).
|
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| Docket Date |
2019-06-07
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| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that Petitioner's June 6, 2019 Motion to Consolidate is granted. Case numbers 4D19-1647 and 4D19-1571 are consolidated for all purposes. This case shall proceed as a petition for writ of certiorari in 4D19-1571.
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