| Docket Date |
2020-05-28
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report within (10) ten days from the date of this order regarding the pending bankruptcy proceedings. See, e.g. Taylor v. Barnett Bank of North Cent. Florida, N.A., 737 So. 2d 1105, 1106 (Fla. 1st DCA 1998) (“[T]he proceedings in this cause are stayed until such time as the stay imposed by 11 U.S.C. 362 is lifted or dissolved.”). Failure to comply with this order may result in the imposition of sanctions within this court's discretion.
|
|
| Docket Date |
7777-04-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CONSOLIDATED FOR ALL PURPOSES WITH 17-510***
|
|
| Docket Date |
2222-12-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ****RETURNED MAIL FOR ROCKLINE VAC and ROCKLINER INC.*** AGAIN 2/3/21
|
|
| Docket Date |
2021-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellee’s July 31, 2017 motion for attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further, ORDERED that appellee's December 10, 2020 motion to dismiss is granted, and the above-styled appeal is dismissed.DAMOORGIAN, CIKLIN and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2021-01-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-12-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
JOHN M. FERNANDEZ
|
|
| Docket Date |
2020-11-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JOHN M. FERNANDEZ
|
|
| Docket Date |
2020-11-09
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the September 18, 2020 motion of Tania Williams, Esq. of The Williams Firm, P.A. for leave to withdraw as counsel for Thomas M. Dean aka Thomas Michael Dean, aka Michael Dean, Rockliner, 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 appellant shall be barred from any participation in this case 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. Further, ORDERED that appellee is directed to file, within ten (10) days from the date of this order, a status report regarding appellants' pending bankruptcy proceedings.
|
|
| Docket Date |
2020-09-18
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2020-09-10
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report within ten (10) days from the date of this order regarding the pending bankruptcy proceedings. See, e.g. Taylor v. Barnett Bank of North Cent. Florida, N.A., 737 So. 2d 1105, 1106 (Fla. 1st DCA 1998) (“[T]he proceedings in this cause are stayed until such time as the stay imposed by 11 U.S.C. 362 is lifted or dissolved.”). Failure to comply with this order may result in the imposition of sanctions within this court's discretion.
|
|
| Docket Date |
2020-06-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF STATUS OF BANKRUPTCY
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2020-02-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2020-02-24
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report within two (2) days from the date of this order regarding the pending bankruptcy proceedings. See, e.g., Taylor v. Barnett Bank of North Cent. Florida, N.A., 737 So. 2d 1105, 1106 (Fla. 1st DCA 1998) (“[T]he proceedings in this cause are stayed until such time as the stay imposed by 11 U.S.C. 362 is lifted or dissolved.”). Failure to comply with this order may result in the imposition of sanctions within this court's discretion.
|
|
| Docket Date |
2019-12-23
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ Upon consideration of appellants' November 21, 2019 amended notice of voluntary dismissal and December 16, 2019 response, it isORDERED that appellants are directed to file a status report within fifty (50) days from the date of this order regarding the bankruptcy proceedings. See, e.g., Taylor v. Barnett Bank of North Cent. Florida, N.A., 737 So. 2d 1105, 1106 (Fla. 1st DCA 1998) (“The proceedings in this cause are stayed until such time as the stay imposed by 11 U.S.C. § 362 is lifted or dissolved.”).
|
|
| Docket Date |
2019-12-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2019-12-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ Upon consideration of appellants' November 21, 2019 amended notice of voluntary dismissal, it is ORDERED that appellants shall file a response, within ten (10) days from the date of this order, explaining whether the bankruptcy stay pursuant to 11 U.S.C. § 362 has been lifted.
|
|
| Docket Date |
2019-11-21
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ **AMENDED **
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2019-11-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellants are directed to file a status report within ten (10) days from the date of this order regarding the bankruptcy proceedings.
|
|
| Docket Date |
2019-08-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2019-08-08
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellants are directed to file a status report within ten (10) days from the date of this order regarding the bankruptcy proceedings.
|
|
| Docket Date |
2019-05-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2019-05-01
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellants are directed to file a status report within ten (10) days from the date of this order regarding the bankruptcy proceedings.
|
|
| Docket Date |
2019-01-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2019-01-16
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellants are directed to file a status report within ten (10) daysfrom the date of this order regarding the bankruptcy proceedings.
|
|
| Docket Date |
2018-10-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ ***SEE AMENDED STATUS REPORT.***
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2018-10-05
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellants are directed to file a status report within ten (10) days from the date of this order regarding the bankruptcy proceedings.
|
|
| Docket Date |
2018-07-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2018-06-29
|
| 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 bankruptcy proceedings.
|
|
| Docket Date |
2018-03-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2018-03-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellants are directed to file a status report within ten (10) days from the date of this order regarding the bankruptcy proceedings.
|
|
| Docket Date |
2018-01-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
JOHN M. FERNANDEZ
|
|
| Docket Date |
2017-12-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2017-09-20
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellants shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellants, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2017-09-14
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ **AMENDED**
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2017-09-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2017-09-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2017-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 15 DAYS TO 9/5/17
|
| On Behalf Of |
JOHN M. FERNANDEZ
|
|
| Docket Date |
2017-07-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
JOHN M. FERNANDEZ
|
|
| Docket Date |
2017-07-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
JOHN M. FERNANDEZ
|
|
| Docket Date |
2017-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 45 DAYS TO 7/31/17
|
| On Behalf Of |
JOHN M. FERNANDEZ
|
|
| Docket Date |
2017-05-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2017-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2017-04-17
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 45 PAGES **FILED IN 17-510**
|
|
| Docket Date |
2017-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellee’s March 16, 2017 motion to consolidate is granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D16-3598. The appellants shall file a single initial brief that addresses the issues of both case numbers; further,The Law Offices of Adam G. Heffner, P.A.’s March 22, 2017 motion to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained; (2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20 day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all pleadings shall be sent to the appellants at the address(es) appearing below;Thomas M. Dean a/k/a Thomas Michael Deana/k/a Michael Dean; Rockliner, Inc. Rockline Vac Systems, Inc. Att: Thomas Dean 2580 S.W. 32nd StreetFt. Lauderdale, FL 33312rocklinevac@hotmail.com (4) if substitute counsel does not appear within twenty (20) days from the date of this order, appellants are advised that the case will move forward only as to Thomas Dean after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Appellants (Rockline VAC Systems, Inc. and Rockliner, Inc.) are reminded that a corporation must be represented by an attorney in a Florida court. See Telepower Communications, 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). Failure to comply with these rules may result in dismissal or other sanctions; further,ORDERED that appellants’ March 27, 2017 motion for additional extension of time is granted, and appellants shall serve the initial brief on or before May 22, 2017. 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 |
2017-03-27
|
| 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 |
Thomas M. Dean
|
|
| Docket Date |
2017-03-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ ORDERED that Adam G. Heffner's March 2, 2017 motion to withdraw as counsel is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.440(b).
|
|
| Docket Date |
2017-03-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ (RENEWED)
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2017-03-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 17-510
|
| On Behalf Of |
JOHN M. FERNANDEZ
|
|
| Docket Date |
2017-03-02
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ **AMENDED**
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2017-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 04/05/17
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2017-01-11
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ 110 pages
|
|
| Docket Date |
2017-01-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 164 PAGES
|
|
| Docket Date |
2016-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 2/3/17
|
| On Behalf Of |
Thomas M. Dean
|
|
| Docket Date |
2016-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND ALAN M. BURGER, ESQ.
|
| On Behalf Of |
JOHN M. FERNANDEZ
|
|
| Docket Date |
2016-10-26
|
| 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 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.
|
|
| Docket Date |
2016-10-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-10-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Thomas M. Dean
|
|
