|
ANNE M. ESKER VS CLAY LANE RENTAL LIMITED PARTNERSHIP, et al.
|
4D2019-3757
|
2019-12-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502005CA011607XXXMB
|
Parties
| Name |
ANNE M. ESKER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jacqueline S. Miller, Steven Ellison
|
|
| Name |
GOZZO DEVELOPMENT, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STONE IMAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COASTAL WINDOWS & DOORS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CLAY LANE RENTAL, LTD. PARTSHP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John A. Howard, Hope Caroline Zelinger, Michael A. Monteverde, Leanne Palmer, Fredric S. Zinober, Thomas A. Conrad, Alex J. Sabo, Brian P. Kirwin, Daniel P. Stiffler, Kali Lauren Sinclair
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-01-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2021-04-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-04-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-04-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-12-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-12-15
|
| 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 |
ANNE M. ESKER
|
|
| Docket Date |
2020-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-11-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 12/15/20.
|
|
| Docket Date |
2020-10-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ GOZZO DEVELOPMENT, INC.
|
| On Behalf Of |
CLAY LANE RENTAL, LTD. PARTSHP
|
|
| Docket Date |
2020-10-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 10/30/20.
|
|
| Docket Date |
2020-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
CLAY LANE RENTAL, LTD. PARTSHP
|
|
| Docket Date |
2020-09-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 10/15/20.
|
|
| Docket Date |
2020-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ GOZZO DEVELOPMENT, INC
|
| On Behalf Of |
CLAY LANE RENTAL, LTD. PARTSHP
|
|
| Docket Date |
2020-07-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 9/30/20.
|
|
| Docket Date |
2020-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
CLAY LANE RENTAL, LTD. PARTSHP
|
|
| Docket Date |
2020-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CLAY LANE RENTAL, LTD. PARTSHP
|
|
| Docket Date |
2020-07-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-06-23
|
| 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 June 18, 2020 "agreed motion for extension of time to serve her initial brief" is granted in part, and 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, this case WILL BE DISMISSED, unless extraordinary circumstance exist which the court in its discretion may consider in ordering other sanctions for failure to file the brief in accordance with this order. 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 as to the reason that the brief could not be filed on time. The pendency of other work will not be grounds for an additional extension.
|
|
| Docket Date |
2020-06-18
|
| 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 |
ANNE M. ESKER
|
|
| Docket Date |
2020-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-05-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 21 DAYS TO 6/19/20.
|
|
| Docket Date |
2020-04-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 5/29/20.
|
|
| Docket Date |
2020-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CLAY LANE RENTAL, LTD. PARTSHP
|
|
| Docket Date |
2020-03-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 4/30/20.
|
|
| Docket Date |
2020-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-03-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (9,724 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-02-17
|
| 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 February 14, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within forty-five (45) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-02-14
|
| 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 |
ANNE M. ESKER
|
|
| Docket Date |
2020-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's January 30, 2020 motion for extension is granted, and the time in which to provide directions to the clerk designating the portions of the record to include on appeal is extended twenty (20) days from the date of this order.
|
|
| Docket Date |
2019-12-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's December 15, 2020 motion for extension of time is granted in part, and appellant shall serve the reply brief within ten (10) 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. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply 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.
|
|
| Docket Date |
2019-12-11
|
| 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 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.
|
|
| Docket Date |
2019-12-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2019-12-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
GOZZO DEVELOPMENT, INC. VS ANNE M. ESKER
|
4D2019-3296
|
2019-10-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502005CA011607
|
Parties
| Name |
GOZZO DEVELOPMENT, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kali Lauren Sinclair, Michael A. Monteverde
|
|
| Name |
ANNE M. ESKER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven Ellison, Jacqueline S. Miller
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-11-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-10-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s June 25, 2020 motion for entitlement to appellate attorneys’ fees is denied.
|
|
| Docket Date |
2020-10-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-10-27
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2020-10-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ RE: ORAL ARGUMENT
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2020-09-29
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on October 27, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on Monday, October 5, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on Monday, October 5, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys.
|
|
| Docket Date |
2020-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 27, 2020, at 10:30 A.M. for 10 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2020-07-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2020-07-06
|
| 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 2, 2020 motion for extension of time is granted, and appellant shall serve the reply brief on or before July 20, 2020. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-07-02
|
| 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 |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2020-06-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2020-06-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 7/10/20
|
|
| Docket Date |
2020-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellee's May 26, 2020 motion to supplement the record is granted, and the record is supplemented to include the order imposing sanctions against Clay Lane Rental Limited Partnership, Gozzo Development, Inc., and Gregory (Skip) Gozzo, individually. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2020-05-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***MOTION GRANTED ***
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-05-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-05-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-05-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's May 15, 2020 motion for extension of time to serve her answer brief is granted, and appellee shall serve the answer brief on or before May 26, 2020. 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 |
2020-05-15
|
| 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 |
ANNE M. ESKER
|
|
| Docket Date |
2020-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-04-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 5/15/20
|
|
| Docket Date |
2020-03-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 4/30/2020
|
|
| Docket Date |
2020-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2020-03-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 3/13/2020
|
|
| Docket Date |
2020-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2020-02-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 3/10/20
|
|
| Docket Date |
2020-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2020-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2020-02-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 2/19/2020
|
|
| Docket Date |
2020-01-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ EXTENDED TO 02/14/2020
|
|
| Docket Date |
2020-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2019-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2019-12-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 38 DAYS TO 2/7/20
|
|
| Docket Date |
2019-12-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 438 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-10-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-10-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-10-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
|
|
GOZZO DEVELOPMENT, INC. and GREGORY GOZZO VS ANNE M. ESKER
|
4D2016-3734
|
2016-11-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502005CA011607XXXXMB
|
Parties
| Name |
GREGORY GOZZO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GOZZO DEVELOPMENT, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel B. Allison, Michael A. Monteverde
|
|
| Name |
STONE IMAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANNE M. ESKER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROSALIND RAE MILIAN, TARA PELLEGRINO, Brian P. Kirwin, Mark R. Osherow, SCOTT CLAYTON, John A. Howard, Daniel P. Stiffler, Jason P. Blevins, Jacqueline S. Miller, David V. King
|
|
| Name |
COASTAL WINDOWS & DOORS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROFESSIONAL ROOFING CONTRACTORS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CLAY LANE RENTAL LP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. THOMAS H. BARKDULL, I I I
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-01-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Clarification ~ ORDERED that appellant Gregory Gozzo's December 6, 2017 motion for clarification is denied.
|
|
| Docket Date |
2017-12-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-12-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR CLARIFICATION
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2017-12-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2017-11-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2017-10-17
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2017-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 17, 2017, at 10:30 A.M. for 10 minutes per side at the School District of Palm Beach County. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2017-06-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2017-05-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2017-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 20 DAYS TO 5/29/17
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2017-04-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2017-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 20 DAYS TO 4/20/17
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2017-03-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2017-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 6 DAYS TO 03/06/17
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2017-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 15 DAYS TO 02/28/17
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2017-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 2/13/17
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-12-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (6304 PAGES)
|
|
| Docket Date |
2016-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2016-11-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-11-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-11-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-11-04
|
| 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 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. 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.
|
|
|
|
GOZZO DEVELOPMENT, INC. VS PROFESSIONAL ROOFING, etc., et al.
|
4D2015-1896
|
2015-05-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2005CA011607XXXXMBAB
|
Parties
| Name |
GOZZO DEVELOPMENT, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
June Galkoski Hoffman, Rory Eric Jurman, Michael A. Monteverde
|
|
| Name |
ROBERT M. WEINBERGER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRENT G. WOLMER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TURQUIOSE CONSULTING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROFESSIONAL ROOFING CONTRACTO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David V. King, Thomas G. Regnier, John A. Howard, ROSALIND RAE MILIAN, James Daniel Ryan, Jason P. Blevins, Mark R. Osherow, Jacqueline S. Miller, Daniel P. Stiffler, MATTHEW D. KISSNER, ROBIN MURRAY, Hinda Klein
|
|
| Name |
CLAY LANE RENTAL, LTD. PARTSHP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KENNETH J. SCHERER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COASTAL WINDOWS AND DOORS, INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAW OFFICES OF FRED C. COHEN,
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COHEN, NORRIS, ET AL.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID B. NORRIS, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANNE M. ESKER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STONE IMAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BULLDOG FENCE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. THOMAS H. BARKDULL, I I I
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Robert W. Lee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-04-11
|
| Type |
Misc. Events
|
| Subtype |
Corrected Opinion
|
| Description |
Corrected opinion
|
|
| Docket Date |
2017-03-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-07-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOUR (4) VOLUMES
|
|
| Docket Date |
2017-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's February 23, 2017 motion for rehearing is denied.
|
|
| Docket Date |
2017-03-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
PROFESSIONAL ROOFING CONTRACTO
|
|
| Docket Date |
2017-02-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2017-02-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion ~ **CORRECTED**
|
|
| Docket Date |
2016-08-03
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2016-06-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-05-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
PROFESSIONAL ROOFING CONTRACTO
|
|
| Docket Date |
2016-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 06/18/16
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-05-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellee's April 29, 2016 motion to supplement the record is 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 to Parties Representing Themselves, Paragraph 1.
|
|
| Docket Date |
2016-04-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
PROFESSIONAL ROOFING CONTRACTO
|
|
| Docket Date |
2016-04-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ (DENIED)
|
| On Behalf Of |
PROFESSIONAL ROOFING CONTRACTO
|
|
| Docket Date |
2016-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's April 14, 2016 unopposed 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 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. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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.
|
|
| Docket Date |
2016-04-14
|
| 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 |
PROFESSIONAL ROOFING CONTRACTO
|
|
| Docket Date |
2016-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ to 04/15/16
|
| On Behalf Of |
PROFESSIONAL ROOFING CONTRACTO
|
|
| Docket Date |
2016-02-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the February 4, 2016 motion to supplement the record is granted, and the record is supplemented to include the documents referenced in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2016-02-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-02-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 03/1/16
|
| On Behalf Of |
PROFESSIONAL ROOFING CONTRACTO
|
|
| Docket Date |
2015-12-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-11-17
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response filed November 3, 2015, this court's October 30, 2015 order to show cause is discharged.
|
|
| Docket Date |
2015-11-16
|
| 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 November 3, 2015 unopposed motion for extension of time is granted, 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 will be subject to dismissal 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 |
2015-11-03
|
| 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 |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-11-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-10-30
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ (DISCHARGED) ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before November 9, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. 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.
|
|
| Docket Date |
2015-10-16
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response filed October 12, 2015, this court's October 1, 2015 order to show cause is discharged.
|
|
| Docket Date |
2015-10-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 10/23/15
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-10-01
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 10/16/15**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 12, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. 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.
|
|
| Docket Date |
2015-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 09/23/15
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 8/23/15
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 days to 7/23/15
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-06-26
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ ("NOTICE OF FILING")
|
|
| Docket Date |
2015-06-16
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's May 20, 2015 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2015-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PROFESSIONAL ROOFING CONTRACTO
|
|
| Docket Date |
2015-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's June 10, 2015 motion for extension of time is 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 to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2015-06-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-06-02
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the May 29, 2015 motion of Thomas Brown Miller, Esq., for leave to withdraw as counsel for Gozzo Development, Inc. is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it isORDERED that the appeal or cross appeal on behalf of Gozzo Development, Inc. shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf;FURTHER ORDERED that this case is stayed pending the above.
|
|
| Docket Date |
2015-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PROFESSIONAL ROOFING CONTRACTO
|
|
| Docket Date |
2015-05-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-05-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-05-20
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2015-05-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-05-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
GOZZO DEVELOPMENT, INC. VS ANNE M. ESKER, et al.
|
4D2015-0276
|
2015-01-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2005CA011607XXXXMB
|
Parties
| Name |
GOZZO DEVELOPMENT, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael A. Monteverde
|
|
| Name |
LAW OFFICES OF FRED C. COHEN,
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COASTAL WINDOWS & DOORS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID B. NORRIS, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TURQUIOSE CONSULTING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
D/B/A COHEN, NORRIS, ET AL.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STONE IMAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRENT G. WOLMER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BULLDOG FENCE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANNE M. ESKER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomas G. Regnier, Hinda Klein, Mark R. Osherow, MATTHEW D. KISSNER, Jacqueline S. Miller, David V. King, ROSALIND RAE MILIAN, ROBIN MURRAY, James Daniel Ryan, John A. Howard, Daniel P. Stiffler
|
|
| Name |
ROBERT M. WEINBERGER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CLAY LANE RENTAL, LTD. PARTSHP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROFESSIONAL ROOFING CONTRACTO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KENNETH J. SCHERER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. THOMAS H. BARKDULL, I I I
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-08-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-07-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellee, Coastal Windows and Doors, Inc.'s June 24, 2016 motion for rehearing and clarification is denied. FurtherORDERED that the appellee, Stone Image, Inc.'s June 24, 2016 motion for rehearing and clarification is denied.
|
|
| Docket Date |
2016-07-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STONE IMAGE'S MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-06-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND/OR CLARIFICATION
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2016-06-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellee, Coastal Windows and Doors, Inc.'s June 1, 2016 and Stone Image Inc.'s June 2, 2016 motions for extension of time are granted and the time in which to file a motion for rehearing and clarification is extended fifteen (15) days from the date of this order.
|
|
| Docket Date |
2016-06-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2016-06-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2016-05-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Per Curiam Opinion
|
|
| Docket Date |
2016-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellee Coastal Windows And Doors' August 21, 2015 motion for attorney's fees is denied.
|
|
| Docket Date |
2016-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that the appellant's March 21, 2016 unopposed motion to accept reply brief as timely filed is granted. The brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2016-03-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-03-21
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-03-21
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **DENIED**
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-03-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-03-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ (DENIED)
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2016-03-17
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2016-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 02/27/16
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 01/27/16
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-12-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (STONE IMAGE INC.)
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-12-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ (STONE IMAGE INC.)
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-12-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (STONE IMAGE INC.)
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-10-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's September 30, 2015 motion for extension of time is granted, and appellee shall serve the answer brief within sixty (60) days from the current due date. 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 |
2015-09-30
|
| 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 |
ANNE M. ESKER
|
|
| Docket Date |
2015-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 10/15/15
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 10/05/15 (STONE IMAGE)
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-08-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-08-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-08-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 08/21/15 (COASTAL WINDOWS AND DOORS)
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-07-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 09/02/15 (STONE IMAGE)
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The May 22, 2015 motion of Thomas B. Miller, Esq., Clark W. Smith, Esq., Michael B. Davis, Esq., and the law firm of Paxton & Smith, P.A., counsel for appellant, to withdraw as counsel is granted. This court notes that June Galkoski Hoffman, Esq., has filed a notice of appearance on behalf of the appellant.
|
|
| Docket Date |
2015-06-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 08/07/15
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-05-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 08/03/15 (STONE IMAGE)
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-05-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-05-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 45 DAYS TO 05/18/15
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-03-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ NINE (9) VOLUMES
|
|
| Docket Date |
2015-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
ANNE M. ESKER
|
|
| Docket Date |
2015-01-27
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that John A. Howard, Daniel P. Stiffler and Robin Murray have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2015-01-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-01-26
|
| 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 |
2015-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GOZZO DEVELOPMENT, INC.
|
|
| Docket Date |
2015-01-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
