|
SCOTT D. SMILEY, P.A., et al., Appellant(s) v. ESQUIRE VENTURES, LLC, et al., Appellee(s).
|
4D2024-2164
|
2024-08-22
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312009CA010465
|
Parties
| Name |
SCOTT D. SMILEY, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Allison Levey Friedman
|
|
| Name |
CIB Capital, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ESQUIRE VENTURES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter G Herman, Robert Buschel
|
|
| Name |
Hon. Cynthia L Cox
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Indian River Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
|
| Docket Date |
2024-09-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to this Court's Order to Show Cause Dated 9/13/24
|
| On Behalf Of |
Scott D. Smiley, P.A.
|
|
| Docket Date |
2024-08-26
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Scott D. Smiley, P.A.
|
| View |
View File
|
|
| Docket Date |
2024-08-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-09-25
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORDERED that, upon consideration of Appellant's response filed September 23, 2024, this court's September 13, 2024 order to show cause is discharged. Further,
ORDERED that Appellant shall serve the initial brief within ten (10) 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.
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| View |
View File
|
|
| Docket Date |
2024-09-13
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are directed to show cause in writing, if any there be, on or before September 23, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellants' initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| View |
View File
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|
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PETER HERMAN, et al., Appellant(s) v. CIB MARINE CAPITAL, LLC., et al., Appellee(s).
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4D2024-1037
|
2024-04-24
|
Open
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312009CA010465
|
Parties
| Name |
ESQUIRE VENTURES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Peter G Herman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michele Karlin Feinzig, Peter G Herman
|
|
| Name |
CIB Marine Capital, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCOTT D. SMILEY, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Allison Levey Friedman, Donna Greenspan Solomon
|
|
| Name |
Hon. Cynthia L Cox
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Indian River Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-02
|
| Type |
Record
|
| Subtype |
Appendix to Answer Brief
|
| Description |
Appendix to Answer Brief
|
| On Behalf Of |
Peter G Herman
|
|
| Docket Date |
2024-11-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Peter G Herman
|
| View |
View File
|
|
| Docket Date |
2024-10-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Return Mail for Peter Herman
|
|
| Docket Date |
2024-10-02
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Dismissal of Related Case
|
| On Behalf Of |
Scott D. Smiley, P.A.
|
|
| Docket Date |
2024-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Peter G Herman
|
|
| Docket Date |
2024-09-19
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Peter G Herman
|
|
| Docket Date |
2024-09-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Motion to Dismiss
|
| On Behalf Of |
Peter G Herman
|
|
| Docket Date |
2024-09-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-09-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
|
| Docket Date |
2024-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's September 9, 2024 motion for extension of time is granted, and Appellee shall serve the answer brief on or before November 4, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
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| View |
View File
|
|
| Docket Date |
2024-09-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-09-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Peter G Herman
|
|
| Docket Date |
2024-09-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Peter G Herman
|
| View |
View File
|
|
| Docket Date |
2024-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Peter G Herman
|
|
| Docket Date |
2024-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Peter G Herman
|
|
| Docket Date |
2024-08-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Appellant's Motion Requesting Leave To File A Short Reply To Appellee's Response In Opposition To Appellant's Motion For Extension To File Initial Brief ***MOOT***
|
|
| Docket Date |
2024-08-20
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Appellee's Response in Opposition to Appellant's Additional Motion for Extension of Time to File and Serve Initial Brief
|
| On Behalf Of |
Scott D. Smiley, P.A.
|
|
| Docket Date |
2024-08-14
|
| 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 |
2024-07-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's July 15, 2024 motion for extension of time is granted in part, and Appellant shall serve the initial brief within thirty (30) 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.
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| View |
View File
|
|
| Docket Date |
2024-07-15
|
| 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 |
2024-06-11
|
| 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 |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Order on Motion For Clarification
|
| View |
View File
|
|
| Docket Date |
2024-06-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellant's Motion for Clarification of this Court's Order Dated May 29, 2024
|
| On Behalf Of |
Scott D. Smiley, P.A.
|
|
| Docket Date |
2024-06-01
|
| Type |
Motions Other
|
| Subtype |
Motion for Clarification of Order
|
| Description |
Motion for Clarification of Order
|
|
| Docket Date |
2024-05-29
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Order on Miscellaneous Motion
|
| View |
View File
|
|
| Docket Date |
2024-05-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Response to Appellant's Motion to Reclassify This Appeal
|
| On Behalf Of |
Scott D. Smiley, P.A.
|
|
| Docket Date |
2024-05-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion to Reclassify This Appeal
|
| On Behalf Of |
Scott D. Smiley, P.A.
|
|
| Docket Date |
2024-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Scott D. Smiley, P.A.
|
|
| Docket Date |
2024-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Order on Motion for Extension of Time to File Response
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Appellee's Motion for Extension of Time to File Response to Appellant's Motion for Rehearing and/or Motion for Clarification
|
|
| Docket Date |
2024-04-30
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-12-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Reply Brief
|
| On Behalf Of |
Peter G Herman
|
|
| Docket Date |
2024-12-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Peter G Herman
|
| View |
View File
|
|
| Docket Date |
2024-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellant's November 27, 2024 motion for extension of time is granted, and Appellant shall serve the reply brief on or before December 18, 2024. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORDERED that, upon consideration of the appellant's September 19, 2024 response, the appellee's September 11, 2024 motion to dismiss is denied. See Fla. R. App. P. 9.130(a)(3)(C)(ii) (granting appellate jurisdiction for interlocutory appeals of orders refusing to dissolve writs of garnishment); Merkle v. Guardianship of Jacoby, 912 So. 2d 593, 594 (Fla. 2d DCA 2005).
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| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that, upon consideration of appellee's August 20, 2024 response, appellant's August 14, 2024 motion for extension of time is granted, and appellant shall serve the initial brief on or before September 4, 2024. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time. Further,
ORDERED that appellants' motion for leave to file a reply is denied as moot.
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| View |
View File
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|
| Docket Date |
2024-06-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion To Reclassify This Appeal As A Final Appeal And To Hold The Appeal In Abeyance Until The Trial Court Rules On The Pending Motion For Rehearing/Reconsideration And To Confirm The Trial Court Has Jurisdiction To Consider And Rule On The Pending Motion, Or Alternative Motion To Relinquish Jurisdiction To Permit The Trial Court To Rule On The Pending Motion For Rehearing/Reconsideration
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SCOTT SMILEY, P.A. VS ESQUIRE VENTURES, LLC, et al.
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4D2023-0699
|
2023-03-20
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2009CA010465
|
Parties
| Name |
SCOTT SMILEY, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Allison Friedman
|
|
| Name |
ESQUIRE VENTURES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Louis B. Vocelle, Jr., Peter G. Herman
|
|
| Name |
CIB Marine Capital, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Peter G. Herman
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-26
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that the above-styled petition for writ of prohibition is granted. The case is remanded to the circuit court where the clerk shall randomly assign the case to another circuit court judge. Our decision is based on the circuit court’s judge’s failure to disclose the professional relationship between her husband and respondent’s counsel after counsel filed a notice of appearance in the underlying case. See In re Judge Frank, 753 So. 2d 1228 (Fla. 2000); Yanping Ming v. NS FOA, LLC, 291 So. 3d 144 (Fla. 4th DCA 2020); see also Strunk Funeral Homes & Crematory, P.A. v. Strunk, 4D22-3395 (Fla. 4th DCA Mar. 28, 2023).GERBER, LEVINE and KUNTZ, JJ., concur.
|
|
| Docket Date |
2023-07-26
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Scott Smiley, P.A.
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that petitioner's June 9, 2023 reply to response 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 |
2023-06-09
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ ***STRICKEN***
|
| On Behalf Of |
Scott Smiley, P.A.
|
|
| Docket Date |
2023-05-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter ~ *AMENDED
|
|
| Docket Date |
2023-05-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2023-05-18
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2023-05-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent Peter Herman's April 28, 2023 motion for extension of time is granted, and the time for filing a response is extended to and including May 18, 2023.
|
|
| Docket Date |
2023-04-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2023-04-18
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that, within twenty (20) days from the date of this order, respondents shall file a response and show cause why the petition for writ of prohibition should not be granted. This order stays further proceedings in the lower tribunal. Fla. R. App. P. 9.100(h). Petitioners may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2023-04-07
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2023-03-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioners' appendix to the petition is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains 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.
|
|
| Docket Date |
2023-03-30
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2023-03-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ ***STRICKEN***
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2023-03-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the petition is not accompanied by a supporting appendix as required by Florida Rule of Appellate Procedure 9.100(g). Within ten (10) days of service of this order, petitioner shall file an appendix providing an adequate record to review the issue presented. Failure to file an appendix will result in dismissal of this proceeding.
|
|
| Docket Date |
2023-03-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2023-03-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-03-20
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
|
|
PETER G. HERMAN VS CIB MARINE CAPITAL, LLC., et al.
|
4D2015-1647
|
2015-04-28
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312009CA010465 (09)
|
Parties
| Name |
Peter G. Herman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Andrew T. Lavin, Bart A. Houston
|
|
| Name |
ESQUIRE VENTURES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bart T. Heffernan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CIB Marine Capital, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL A. FRIEDMAN, Louis B. Vocelle, Jr., Alexander Daniel Brown, Bruce K. Herman, JOHN H. GENOVESE, Marissa D. Kelley
|
|
| Name |
ORCHID FUNDING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CIB MARINE BANCSHARES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FRANK PESCE & COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CITRUS BANK, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cynthia L. Cox
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-04-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-04-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the March 30, 2016 notice of voluntary dismissal, this case is dismissed; further,ORDERED that appellant's January 25, 2016 motion for extension is determined to be moot.
|
|
| Docket Date |
2016-03-30
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made toward the parties' efforts to resolve their issues.
|
|
| Docket Date |
2016-03-30
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2016-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ EXHIBIT "A" TO STATUS REPORT
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2016-03-02
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2016-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-Grant Motion to Abate ~ ORDERED that appellant's January 26, 2016 joint motion to abate appeal is granted. Appellant shall file a status report within thirty (30) days of the date of this order regarding this matter.
|
|
| Docket Date |
2016-01-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2016-01-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2016-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ **FINAL** ORDERED that appellant's December 18, 2015 second motion for extension of time is granted, and appellant shall serve the reply brief within twenty-one (21) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. This is the final extension of time that will be permitted for this purpose.
|
|
| Docket Date |
2015-12-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2015-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's November 24, 2015 motion for extension of time is granted, and appellant shall serve the reply brief within three (3) weeks from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2015-11-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2015-11-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-11-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO ANSWER BRIEF
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's November 2, 2015 agreed motion for extension of time is granted, and appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2015-11-02
|
| 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 |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-10-21
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2015-10-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's September 24, 2015 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2015-09-24
|
| 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 |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-09-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's August 25, 2015 fourth motion for extension of time to file initial brief is granted. The court notes that appellant's initial brief was filed on September 1, 2015.
|
|
| Docket Date |
2015-09-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2015-09-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2015-09-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2015-08-25
|
| 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 |
Peter G. Herman
|
|
| Docket Date |
2015-08-06
|
| 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 July 24, 2015 third motion for extension of time is granted, and appellant shall serve the initial brief within twenty (20) 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.
|
|
| Docket Date |
2015-07-24
|
| 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 |
Peter G. Herman
|
|
| Docket Date |
2015-06-25
|
| 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 June 22, 2015 second motion for extension of time is granted, and appellant shall serve the initial brief on or before July 29, 2015. 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 |
2015-06-22
|
| 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 |
Peter G. Herman
|
|
| Docket Date |
2015-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's May 20, 2015 motion to dismiss appeal is denied.
|
|
| Docket Date |
2015-06-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2015-05-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-05-12
|
| 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 May 8, 2015 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 2, 2015. 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 |
2015-05-08
|
| 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 |
Peter G. Herman
|
|
| Docket Date |
2015-04-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-04-30
|
| 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, 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 the entry of this order. 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. 4DCA 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 |
2015-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Peter G. Herman
|
|
| Docket Date |
2015-04-28
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
|
|
CIB MARINE CAPITAL, LLC VS ESQUIRE VENTURES, LLC, et al.
|
4D2015-0171
|
2015-01-14
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2009CA010465
|
Parties
| Name |
CIB Marine Capital, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Marissa D. Kelley
|
|
| Name |
FRANK PESCE & COMPANY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bart T. Heffernan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CIB MARINE BANCSHARES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRIPP SCOTT, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PETER HERMAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CITRUS BANK, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESQUIRE VENTURES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL A. FRIEDMAN, Bruce K. Herman, Bart A. Houston, JOHN H. GENOVESE, Louis B. Vocelle, Jr.
|
|
| Name |
ORCHID FUNDING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cynthia L. Cox
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-10-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ (MOOT) REPLY BRIEF *OR IN THE ALTERNATIVE* TO FILE SUR-REPLY
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-10-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's September 8, 2015 third motion for extension of time is granted, and appellant shall serve the reply brief and accompanying appendix within fourteen (14) days from the date of this order. In addition, if the reply brief and appendix are served after the time provided for in this order, they may be stricken.
|
|
| Docket Date |
2015-09-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2016-04-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ **SEE AMENDED** Pursuant to the March 31, 2016 notice of voluntary dismissal, this case is dismissed. FurtherORDERED that appellee's February 13, 2015 motion to strike is determined to be moot.
|
|
| Docket Date |
2016-03-31
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2016-03-02
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RE: THE PARTIES' EFFORTS TO AMICABLY RESOLVE THEIR ISSUES, WHICH SHALL ULTIMATELY RESULT IN THE DISMISSAL OF THIS APPEAL
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2016-02-12
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-Grant Motion to Abate ~ ORDERED that the February 9, 2016 joint motion to abate appeal is granted. This proceeding is abated. Appellant shall file a status report within thirty (30) days from the date of this order or promptly dismiss this appeal if a settlement has been entered.
|
|
| Docket Date |
2016-02-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate ~ (JOINT)
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellant's October 30, 2015 motion to withdraw the February 6, 2015 motion for attorney's fees and costs is granted, and the motion for attorney's fees and costs is considered withdrawn.
|
|
| Docket Date |
2015-10-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF WITHDRAWAL OF MOTION FOR ATTORNEY'S FEES FILE 2/6/15
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2019-01-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-04-01
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's previous April 1, 2016 order is amended as follows: Pursuant to the March 31, 2016 notice of voluntary dismissal, this case is dismissed.FurtherORDERED that appellee's October 13, 2015 motion to strike is determined to be moot.
|
|
| Docket Date |
2015-10-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **PROPOSED** SUR-REPLY BRIEF
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's August 7, 2015 second motion for extension of time is granted, and appellant shall serve the reply brief and accompanying appendix on or before September 10, 2015. In addition, if the reply brief and appendix are served after the time provided for in this order, they may be stricken.
|
|
| Docket Date |
2015-08-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (SECOND)
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's July 1, 2015 motion for extension of time is granted, and appellant shall serve the reply brief on or before August 10, 2015. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2015-07-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-06-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-06-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-05-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ **FINAL** ORDERED that appellee's May 19, 2015 third motion for extension of time is granted, and appellee shall serve the answer brief within twenty (20) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. This is the final extension of time that will be permitted for this purpose.
|
|
| Docket Date |
2015-05-19
|
| 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 |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's second motion filed March 20, 2015, for extension of time, is granted and appellee shall serve the answer brief within forty-five (45) days from the date of the entry of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2015-03-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF DISASSOCIATION WITH LAW FIRM AND REQUEST TO BE REMOVED FROM SERVICE LIST
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-03-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 4/6/15)
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-02-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-PARTICIPATION OF TRIPP SCOTT
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's motion filed February 20, 2015, for extension of time, is granted and appellee shall serve the answer brief on or before March 30, 2015. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2015-02-20
|
| 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 |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-02-13
|
| 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 motion filed February 2, 2015, for extension of time, is granted. Appellant's initial brief was filed on February 6, 2015.
|
|
| Docket Date |
2015-02-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Marissa D. Kelley 0379300
|
|
| Docket Date |
2015-02-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-02-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-02-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **WITHDRAWN SEE 11/3/15 ORDER**
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-02-02
|
| 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 |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-01-16
|
| 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, 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 the entry of this order. 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. 4DCA 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 |
2015-01-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-01-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ESQUIRE VENTURES, LLC., etc, et al VS CIB MARINE CAPITAL, LLC., etc.
|
4D2014-2530
|
2014-07-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312013CA000801
|
Parties
| Name |
ORCHID FUNDING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ESQUIRE VENTURES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bruce K. Herman
|
|
| Name |
CIB Marine Capital, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Marissa D. Kelley
|
|
| Name |
Hon. Cynthia L. Cox
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-11-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-11-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-10-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief
|
|
| Docket Date |
2015-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief
|
|
| Docket Date |
2014-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief
|
|
| Docket Date |
2014-09-18
|
| Type |
Order
|
| Subtype |
Order Deferring to Merits Panel
|
| Description |
ORD-Deferring to Merits Panel ~ The appellee's motion for sanctions filed on August 20, 2014 is reserved and will be considered along with the merits of the case. The pendency of this motion shall not toll the time for other acts and the parties shall proceed on the merits of the appeal.
|
|
| Docket Date |
2014-09-02
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss
|
|
| Docket Date |
2014-07-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D14-106; further, ORDERED that appellee, CIB Marine Capital, LLC's motion filed July 23, 2014, to consolidate appeals is hereby determined to be moot.
|
|
| Docket Date |
2014-07-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 14-106 (MOOT 7/28/14)
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-07-22
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AE Marissa D. Kelley 0379300
|
|
| Docket Date |
2014-07-15
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Bruce K. Herman 0260622
|
|
| Docket Date |
2014-07-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-07-15
|
| 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, 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 the entry of this order. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2014-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2014-07-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2014-07-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris.
|
|
|
|
ESQUIRE VENTURES, LLC, ETC., ET AL. VS CIB MARINE CAPITAL, LLC, ETC., ET AL.
|
4D2014-0106
|
2014-01-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312013CA000801
|
Parties
| Name |
ORCHID FUNDING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ESQUIRE VENTURES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bruce K. Herman
|
|
| Name |
CIB Marine Capital, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Marissa D. Kelley
|
|
| Name |
Hon. Cynthia L. Cox
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-11-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-11-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellants' October 16, 2014 motion for attorneys' fees is denied.
|
|
| Docket Date |
2015-10-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's motion filed April 6, 2015, for extension of time, is granted and appellant shall serve the reply brief within eight (8) days from the date of the entry of this order. In addition, if the reply brief is served after the time provided for in this order said brief may be stricken.
|
|
| Docket Date |
2015-04-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-04-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-04-02
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellants' motion for relief due to excusable neglect filed March 27, 2015 is hereby 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 Parties, Paragraphs 1 and 2.
|
|
| Docket Date |
2015-03-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR RELIEF DUE TO EXCUSABLE NEGLECT**DENIED**
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2015-02-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO ANSWER BRIEF
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-02-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's motion filed January 28, 2015, for extension of time, is granted and appellee shall serve the answer brief within twenty (20) days from the date of the entry of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2015-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ SECOND AMENDED FINAL ORDER
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-01-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 2/5/15)
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2015-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's motion filed December 16, 2014, for extension of time, is granted and appellee shall serve the answer brief on or before January 29, 2015. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2014-12-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (CIB MARINE) (GRANTED 1/6/15)
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 20 DAYS TO 12/15/14 (CIB MARINE)
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 20 DAYS TO 11/24/14 (CIB MARINE)
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-10-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2014-10-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ONE (1) VOLUME
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2014-10-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2014-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' agreed motion for extension of time filed October 6, 2014, is granted and appellants shall serve the initial brief on or before October 13, 2014. 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 |
2014-10-06
|
| 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 |
Esquire Ventures, LLC
|
|
| Docket Date |
2014-09-18
|
| Type |
Order
|
| Subtype |
Order Deferring to Merits Panel
|
| Description |
ORD-Deferring to Merits Panel ~ The appellee's motion for sanctions filed on August 20, 2014 is reserved and will be considered along with the merits of the case. The pendency of this motion shall not toll the time for other acts and the parties shall proceed on the merits of the appeal.
|
|
| Docket Date |
2014-09-02
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's motion to dismiss filed July 29, 2014, is denied.
|
|
| Docket Date |
2014-08-20
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions ~ **DEFERRED 9/18/14** **MOTION PENDING**
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-08-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ MOTION FOR SANCTIONS
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-08-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2014-08-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ONE (1) VOLUME
|
|
| Docket Date |
2014-07-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ (DENIED 9/2/14)
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-07-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D14-106; further, ORDERED that appellee, CIB Marine Capital, LLC's motion filed July 23, 2014, to consolidate appeals is hereby determined to be moot.
|
|
| Docket Date |
2014-07-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 14-2530 (MOOT 7/28/14)
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that Appellants' Motion to Relinquish Jurisdiction filed June 18, 2014, is denied.
|
|
| Docket Date |
2014-07-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ONE (1) VOLUME
|
|
| Docket Date |
2014-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL JUDGMENT AND AMENDED FINAL JUDGMENT FOR ATTY'S FEES
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee, CIB Marine Capital, LLC's motion filed June 12, 2014, to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is hereby continued through and including June 27, 2014.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 the 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 |
2014-06-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ (DENIED 7/18/14)
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2014-06-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR RELINQUISHMENT
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-04-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee, CIB Marine Capital, LLC's motion filed April 17, 2014, to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is hereby continued through and including June 15, 2014, to permit trial court to enter its final order determining the amount of sanction to be awarded. 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 the 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 |
2014-04-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR RELINQUISHMENT
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-02-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee's (CIB Marine Capital, LLC) motion filed February 21, 2014, to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is hereby continued through and including April 21, 2014.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 the 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 |
2014-02-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR RELINQUISHMENT
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-02-14
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Jurisdiction Relinquished ~ Upon consideration of appellee's (CIB Marine Capital, LLC) motion filed January 16, 2014, to dismiss and/or stay appeal, it isORDERED that jurisdiction is relinquished to the trial court for forty-five (45) days from the date of the entry of this order, for the court to consider and rule upon the appellee's pending motion for clarification, and to enter a final order determining the amount of sanctions to be awarded.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 |
2014-02-04
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ ("SUPPLEMENTAL") AE Marissa D. Kelley 0379300
|
|
| Docket Date |
2014-01-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS OR STAY
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2014-01-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ AND/OR STAY APPEAL (SEE 2/14/14 ORDER)
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2014-01-13
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
|
| Docket Date |
2014-01-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-01-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2014-01-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
