|
DEUTSCHE BANK TRUST COMPANY, N.A. VS RONALD S KOCHMAN, et al.
|
4D2017-3673
|
2017-11-29
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CP002175XXXXMB
|
Parties
| Name |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jason R. Domark, CHARLES CHRISTIAN KLINE, C. REID KLINE
|
|
| Name |
LAWRENCE F. DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHAEL DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAWRENCE J. AND FLORENCE A. DEGEORGE CHARITABLE TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF FLORENCE A DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PETER R. DEGEORGE, SR.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRUSTEE OF THE FLORENCE A DEGEORGE AMENDED AND RESTATED REVOCABLE TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL PARTNERS, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL MANAGEMENT L.C.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RONALD S KOCHMAN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROBERT WAYNE GOLDMAN, BRIAN JOHN FELCOSKI, Edward Downey, Steven M. Katzman, Matthew Scott Sackel
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-02-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR JAMES G. PRESSLEY, JR. NOT DELIVERABLE AS ADDRESSED.
|
|
| Docket Date |
8888-01-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CASE NUMBERS 17-2924, 17-2925 AND 17-2926 DISMISSED. SEE 01/17/2018 ORDER.***
|
|
| Docket Date |
7777-12-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CASE NUMBERS 17-3670, 17-3673 AND 17-3674 DISMISSED FOR LACK OF JURISDICTION. APPEAL TO PROCEED AS TO 17-2924, 17-2925 AND 17-2926. SINGLE BRIEF TO BE FILED. SEE 12/19/2017 ORDER.***
|
|
| Docket Date |
2018-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ Upon consideration of appellant's February 13, 2018 response, it is ORDERED that appellee's February 12, 2018 motion for appellate attorneys' fees is denied.
|
|
| Docket Date |
2018-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellee's February 14, 2018 motion for leave to file reply is denied.
|
|
| Docket Date |
2017-12-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-12-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s December 5, 2017 jurisdictional brief and appellee’s December 11, 2017 response, it is ORDERED sua sponte that case numbers 4D17-3670, 4D17-3673, and 4D17-3674 are dismissed for lack of jurisdiction. This court notes that the appellant’s motions to alter or amend were untimely filed Florida Rule of Civil Procedure 1.530(g) motions in the lower tribunal and therefore did not toll rendition pursuant to Florida Rule of Appellate Procedure 9.020(i). However, this court chose to stay the case in its September 25, 2017 order to allow the lower tribunal to dispose of the pending motions. This court will not review the orders denying the motions to alter or amend in the merits of this appeal. The appeal shall proceed as to consolidated case numbers 4D17-2924, 4D17-2925, and 4D17-2926, and a single initial brief addressing the issues of those case numbers only shall be filed by the appellant on or before January 22, 2018. Further,ORDERED that appellant’s December 14, 2017 motion for leave to file a reply in support of statement of jurisdiction is denied.WARNER, MAY and CIKLIN, JJ., concur.
|
|
| Docket Date |
2017-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's November 30, 2017 "motion to consolidate appeals and for extension of time to file initial brief" 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 9.170, and shall proceed under case number 4D17-2924. The appellant shall serve a single initial brief, addressing the issues from all case numbers, on or before January 22, 2018. 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 |
2017-12-01
|
| 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 |
2017-12-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
|
| Docket Date |
2017-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ ***AND*** FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
|
| Docket Date |
2017-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
|
| Docket Date |
2017-11-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DEUTSCHE BANK TRUST COMPANY, N.A. VS RONALD S. KOCHMAN, et al.
|
4D2017-3674
|
2017-11-29
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CP004397XXXXMB
|
Parties
| Name |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jason R. Domark, CHARLES CHRISTIAN KLINE, C. REID KLINE
|
|
| Name |
TRUSTEE OF THE FLORENCE A DEGEORGE AMENDED AND RESTATED REVOCABLE TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF FLORENCE A DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAWRENCE J. AND FLORENCE A. DEGEORGE CHARITABLE TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PETER R. DEGEORGE, SR.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAWRENCE F. DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RONALD S. KOCHMAN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Edward Downey, Matthew Scott Sackel, ROBERT WAYNE GOLDMAN, Steven M. Katzman, BRIAN JOHN FELCOSKI
|
|
| Name |
DEG CAPITAL MANAGEMENT L.C.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL PARTNERS, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHAEL DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-02-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR JAMES G. PRESSLEY, JR. NOT DELIVERABLE AS ADDRESSED.
|
|
| Docket Date |
8888-01-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CASE NUMBERS 17-2924, 17-2925 AND 17-2926 DISMISSED. SEE 01/17/2018 ORDER.***
|
|
| Docket Date |
7777-12-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CASE NUMBERS 17-3670, 17-3673 AND 17-3674 DISMISSED FOR LACK OF JURISDICTION. APPEAL TO PROCEED AS TO 17-2924, 17-2925 AND 17-2926. SINGLE BRIEF TO BE FILED. SEE 12/19/2017 ORDER.***
|
|
| Docket Date |
2018-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ Upon consideration of appellant's February 13, 2018 response, it is ORDERED that appellee's February 12, 2018 motion for appellate attorneys' fees is denied.
|
|
| Docket Date |
2018-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellee's February 14, 2018 motion for leave to file reply is denied.
|
|
| Docket Date |
2017-12-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s December 5, 2017 jurisdictional brief and appellee’s December 11, 2017 response, it is ORDERED sua sponte that case numbers 4D17-3670, 4D17-3673, and 4D17-3674 are dismissed for lack of jurisdiction. This court notes that the appellant’s motions to alter or amend were untimely filed Florida Rule of Civil Procedure 1.530(g) motions in the lower tribunal and therefore did not toll rendition pursuant to Florida Rule of Appellate Procedure 9.020(i). However, this court chose to stay the case in its September 25, 2017 order to allow the lower tribunal to dispose of the pending motions. This court will not review the orders denying the motions to alter or amend in the merits of this appeal. The appeal shall proceed as to consolidated case numbers 4D17-2924, 4D17-2925, and 4D17-2926, and a single initial brief addressing the issues of those case numbers only shall be filed by the appellant on or before January 22, 2018. Further,ORDERED that appellant’s December 14, 2017 motion for leave to file a reply in support of statement of jurisdiction is denied.WARNER, MAY and CIKLIN, JJ., concur.
|
|
| Docket Date |
2017-12-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's November 30, 2017 "motion to consolidate appeals and for extension of time to file initial brief" 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 9.170, and shall proceed under case number 4D17-2924. The appellant shall serve a single initial brief, addressing the issues from all case numbers, on or before January 22, 2018. 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 |
2017-12-01
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the “order on Deutsche Bank’s motion to alter or amend the court’s July 12, 2017 order approving global settlement agreement” is an appealable order pursuant to Florida Rule of Appellate Procedure 9.130, as a motion to alter or amend tolls rendition of a final order and is not independently appealable. Fla. R. App. P. 9.020(i); Fla. R. App. P. 9.130(a)(4); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2017-12-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
|
| Docket Date |
2017-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ ***AND*** FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
|
| Docket Date |
2017-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
|
| Docket Date |
2017-11-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DEUTSCHE BANK TRUST COMPANY, N.A. VS RONALD S KOCHMAN, et al.
|
4D2017-3670
|
2017-11-29
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CP005031XXXXMB
|
Parties
| Name |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CHARLES CHRISTIAN KLINE, C. REID KLINE, Jason R. Domark
|
|
| Name |
LAWRENCE J. AND FLORENCE A. DEGEORGE CHARITABLE TRUST
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RONALD S KOCHMAN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROBERT WAYNE GOLDMAN, Robert Stewart Hackleman, Edward Downey, Steven M. Katzman, Lorin Louis Mrachek, CHARLES W. LITTELL, Matthew Scott Sackel, BRIAN JOHN FELCOSKI
|
|
| Name |
TRUSTEE OF THE FLORENCE A DEGEORGE AMENDED AND RESTATED REVOCABLE TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL MANAGEMENT L.C.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL PARTNERS, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF FLORENCE A DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PETER R. DEGEORGE, SR.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAWRENCE F. DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-02-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR JAMES G. PRESSLEY, JR. NOT DELIVERABLE AS ADDRESSED.
|
|
| Docket Date |
8888-01-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CASE NUMBERS 17-2924, 17-2925 AND 17-2926 DISMISSED. SEE 01/17/2018 ORDER.***
|
|
| Docket Date |
7777-12-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CASE NUMBERS 17-3670, 17-3673 AND 17-3674 DISMISSED FOR LACK OF JURISDICTION. APPEAL TO PROCEED AS TO 17-2924, 17-2925 AND 17-2926. SINGLE BRIEF TO BE FILED. SEE 12/19/2017 ORDER.***
|
|
| Docket Date |
2018-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ Upon consideration of appellant's February 13, 2018 response, it is ORDERED that appellee's February 12, 2018 motion for appellate attorneys' fees is denied.
|
|
| Docket Date |
2018-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellee's February 14, 2018 motion for leave to file reply is denied.
|
|
| Docket Date |
2017-12-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s December 5, 2017 jurisdictional brief and appellee’s December 11, 2017 response, it is ORDERED sua sponte that case numbers 4D17-3670, 4D17-3673, and 4D17-3674 are dismissed for lack of jurisdiction. This court notes that the appellant’s motions to alter or amend were untimely filed Florida Rule of Civil Procedure 1.530(g) motions in the lower tribunal and therefore did not toll rendition pursuant to Florida Rule of Appellate Procedure 9.020(i). However, this court chose to stay the case in its September 25, 2017 order to allow the lower tribunal to dispose of the pending motions. This court will not review the orders denying the motions to alter or amend in the merits of this appeal. The appeal shall proceed as to consolidated case numbers 4D17-2924, 4D17-2925, and 4D17-2926, and a single initial brief addressing the issues of those case numbers only shall be filed by the appellant on or before January 22, 2018. Further,ORDERED that appellant’s December 14, 2017 motion for leave to file a reply in support of statement of jurisdiction is denied.WARNER, MAY and CIKLIN, JJ., concur.
|
|
| Docket Date |
2017-12-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's November 30, 2017 "motion to consolidate appeals and for extension of time to file initial brief" 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 9.170, and shall proceed under case number 4D17-2924. The appellant shall serve a single initial brief, addressing the issues from all case numbers, on or before January 22, 2018. 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 |
2017-12-01
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the “order on Deutsche Bank’s motion to alter or amend the court’s July 12, 2017 order approving global settlement agreement” is an appealable order pursuant to Florida Rule of Appellate Procedure 9.130, as a motion to alter or amend tolls rendition of a final order and is not independently appealable. Fla. R. App. P .9.020(i); Fla. R. App.P .9.130(a)(4); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2017-12-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
|
| Docket Date |
2017-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ ***AND*** FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
|
| Docket Date |
2017-11-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DEUTSCHE BANK TRUST COMPANY, N.A.
|
|
|
|
DEUTSCHE BANK TRUST COMPANY, N.A., et. al. VS RONALD S. KOCHMAN, et. al.
|
4D2017-2926
|
2017-09-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CP004397XXXXMB
|
Parties
| Name |
Deutsche Bank Trust Company
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jason R. Domark, CHARLES CHRISTIAN KLINE, C. REID KLINE
|
|
| Name |
LAWRENCE J. AND FLORENCE A. DEGEORGE CHARITABLE TRUST
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ESTATE OF FLORENCE A DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL MANAGEMENT L.C.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAWRENCE F. DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RONALD S. KOCHMAN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matthew Scott Sackel, Edward Downey, ROBERT WAYNE GOLDMAN, Steven M. Katzman, JAMES GRIER PRESSLY, BRIAN JOHN FELCOSKI
|
|
| Name |
MICHAEL DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PETER R DEGEORGE Sr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL PARTNERS, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRUSTEE OF THE FLORENCE A DEGEORGE AMENDED AND RESTATED REVOCABLE TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-02-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR JAMES G. PRESSLEY, JR. NOT DELIVERABLE AS ADDRESSED.
|
|
| Docket Date |
8888-01-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CASE NUMBERS 17-2924, 17-2925 AND 17-2926 DISMISSED. SEE 01/17/2018 ORDER.***
|
|
| Docket Date |
7777-12-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CASE NUMBERS 17-3670, 17-3673 AND 17-3674 DISMISSED FOR LACK OF JURISDICTION. APPEAL TO PROCEED AS TO 17-2924, 17-2925 AND 17-2926. SINGLE BRIEF TO BE FILED. SEE 12/19/2017 ORDER.***
|
|
| Docket Date |
2018-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ Upon consideration of appellant's February 13, 2018 response, it is ORDERED that appellee's February 12, 2018 motion for appellate attorneys' fees is denied.
|
|
| Docket Date |
2018-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellee's February 14, 2018 motion for leave to file reply is denied.
|
|
| Docket Date |
2018-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellant’s December 22, 2017 and January 5, 2018 responses, it is ORDERED that appellee, Peter R. DeGeorge, Sr.’s December 14, 2017 motion to dismiss appeal on the basis of lack of subject matter jurisdiction and appellee, Ronald S. Kochman’s December 21, 2017 motion to dismiss appeals for lack of subject matter jurisdiction are granted, and the above-styled consolidated appeal is dismissed in its entirety.CONNER, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-01-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-12-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ***ONLY 17-3670, 17-3673 AND 17-3674 DISMISSED *** APPEAL SHALL REMAIN PENDING AS TO 17-2924, 17-2925 AND 17-2926.*** Upon consideration of appellant's December 5, 2017 jurisdictional brief and appellee's December 11, 2017 response, it is ORDERED sua sponte that case numbers 4D17-3670, 4D17-3673, and 4D17-3674 are dismissed for lack of jurisdiction. This court notes that the appellant's motions to alter or amend were untimely filed Florida Rule of Civil Procedure 1.530(g) motions in the lower tribunal and therefore did not toll rendition pursuant to Florida Rule of Appellate Procedure 9.020(i). However, this court chose to stay the case in its September 25, 2017 order to allow the lower tribunal to dispose of the pending motions. This court will not review the orders denying the motions to alter or amend in the merits of this appeal. The appeal shall proceed as to consolidated case numbers 4D17-2924, 4D17-2925, and 4D17-2926, and a single initial brief addressing the issues of those case numbers only shall be filed by the appellant on or before January 22, 2018. Further,ORDERED that appellant's December 14, 2017 motion for leave to file a reply in support of statement of jurisdiction is denied.WARNER, MAY and CIKLIN, JJ., concur.
|
|
| Docket Date |
2017-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's November 30, 2017 "motion to consolidate appeals and for extension of time to file initial brief" 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 9.170, and shall proceed under case number 4D17-2924. The appellant shall serve a single initial brief, addressing the issues from all case numbers, on or before January 22, 2018. 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 |
2017-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ ***AND*** FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COURT REPORTER ACKNOWLEDGMENTS IN 17-2925
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-20
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ *AND* NOTICE OF APPEARANCE OF COUNSEL
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-15
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2017-11-06
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties shall show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D17-2924, 4D17-2925, and 4D17-2926 should not be consolidated for the purpose of assignment to the same merits panel. If no response is filed within the time provided, the cases shall be assigned for that purpose in a separate order.
|
|
| Docket Date |
2017-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ L.T. ORDER ON MOTION TO ALTER OR AMEND
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-10-25
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-09-25
|
| 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 |
2017-09-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-09-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DEUTSCHE BANK TRUST COMPANY, N.A., et. al. VS RONALD S KOCHMAN, et. al.
|
4D2017-2924
|
2017-09-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CP005031XXXXMB
|
Parties
| Name |
Deutsche Bank Trust Company
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
C. REID KLINE, Jason R. Domark, CHARLES CHRISTIAN KLINE
|
|
| Name |
LAWRENCE J. AND FLORENCE A. DEGEORGE CHARITABLE TRUST
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LAWRENCE F. DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RONALD S KOCHMAN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lorin Louis Mrachek, BRIAN JOHN FELCOSKI, Helaina Bardunias, Craig A. Rubinstein, James G. Pressly, Robert Stewart Hackleman, Steven M. Katzman, CHARLES W. LITTELL, RONALD S KOCHMAN, Edward Downey, ROBERT WAYNE GOLDMAN, Matthew Scott Sackel
|
|
| Name |
MICHAEL DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL MANAGEMENT L.C.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF FLORENCE A DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL PARTNERS, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PETER R DEGEORGE Sr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRUSTEE OF THE FLORENCE A DEGEORGE AMENDED AND RESTATED REVOCABLE TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-02-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR JAMES G. PRESSLEY, JR. NOT DELIVERABLE AS ADDRESSED.
|
|
| Docket Date |
8888-01-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CASE NUMBERS 17-2924, 17-2925 AND 17-2926 DISMISSED. SEE 01/17/2018 ORDER.***
|
|
| Docket Date |
2018-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ Upon consideration of appellant's February 13, 2018 response, it is ORDERED that appellee's February 12, 2018 motion for appellate attorneys' fees is denied.
|
|
| Docket Date |
2018-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellee's February 14, 2018 motion for leave to file reply is denied.
|
|
| Docket Date |
2018-02-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PETER DEGEORGE, SR.'S MOTION FOR LEAVE TO FILE REPLY
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2018-02-14
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply ~ TO DEUTSCHE BANK'S RESPONSE TO MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2018-02-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEYS FEES
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2018-02-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 02/13/2018**
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2018-02-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2018-01-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellant’s December 22, 2017 and January 5, 2018 responses, it is ORDERED that appellee, Peter R. DeGeorge, Sr.’s December 14, 2017 motion to dismiss appeal on the basis of lack of subject matter jurisdiction and appellee, Ronald S. Kochman’s December 21, 2017 motion to dismiss appeals for lack of subject matter jurisdiction are granted, and the above-styled consolidated appeal is dismissed in its entirety.CONNER, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-01-08
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 595 PAGES
|
|
| Docket Date |
2018-01-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO RONALD S KOCHMAN'S MOTION TO DISMISS APPEALS FOR LACK OF SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2018-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ IN APPELLEE RONALD KOCHMAN'S MOTION TO DISMISS APPEALS FOR LACK OF SUBJECT MATTER JURISIDCTION
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2017-12-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PETER DEGEORGE'S MOTION TO DISMISS CONSOLIDATED APPEAL ON THE BASIS OF LACK OF SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-12-22
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-12-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPEALS FOR LACK OF SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2017-12-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS APPEAL FOR LACK OF SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2017-12-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ***ONLY 17-3670, 17-3673 AND 17-3674 DISMISSED *** APPEAL SHALL REMAIN PENDING AS TO 17-2924, 17-2925 AND 17-2926.*** Upon consideration of appellant's December 5, 2017 jurisdictional brief and appellee's December 11, 2017 response, it is ORDERED sua sponte that case numbers 4D17-3670, 4D17-3673, and 4D17-3674 are dismissed for lack of jurisdiction. This court notes that the appellant's motions to alter or amend were untimely filed Florida Rule of Civil Procedure 1.530(g) motions in the lower tribunal and therefore did not toll rendition pursuant to Florida Rule of Appellate Procedure 9.020(i). However, this court chose to stay the case in its September 25, 2017 order to allow the lower tribunal to dispose of the pending motions. This court will not review the orders denying the motions to alter or amend in the merits of this appeal. The appeal shall proceed as to consolidated case numbers 4D17-2924, 4D17-2925, and 4D17-2926, and a single initial brief addressing the issues of those case numbers only shall be filed by the appellant on or before January 22, 2018. Further,ORDERED that appellant's December 14, 2017 motion for leave to file a reply in support of statement of jurisdiction is denied.WARNER, MAY and CIKLIN, JJ., concur.
|
|
| Docket Date |
2017-12-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2017-12-14
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply ~ IN SUPPORT OF STATEMENT OF JURISDICTION ***DENIED, SEE 12/19/2017 ORDER***
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-12-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (PETER DEGEORGE) TO APPELLANT'S STATEMENT OF JURISDICTION
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2017-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (RONALD S. KOCHMAN) TO DEUTSCHE BANK'S STATEMENT OF JURISDICTION
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2017-12-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2017-12-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (LAWRENCE DEGEORGE) TO DEUTSCHE BANK'S STATEMENT OF JURISDICTION
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2017-12-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2017-12-05
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's November 30, 2017 "motion to consolidate appeals and for extension of time to file initial brief" 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 9.170, and shall proceed under case number 4D17-2924. The appellant shall serve a single initial brief, addressing the issues from all case numbers, on or before January 22, 2018. 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 |
2017-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ ***AND*** FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-21
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ *AND* NOTICE OF APPEARANCE
|
| On Behalf Of |
RONALD S KOCHMAN
|
|
| Docket Date |
2017-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COURT REPORTER ACKNOWLEDGMENTS IN 17-2925 AND 17-2926
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-20
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ *AND* NOTICE OF APPEARANCE OF COUNSEL
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-06
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties shall show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D17-2924, 4D17-2925, and 4D17-2926 should not be consolidated for the purpose of assignment to the same merits panel. If no response is filed within the time provided, the cases shall be assigned for that purpose in a separate order.
|
|
| Docket Date |
2017-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ THE LOWER TRIBUNAL'S ORDER DATED 10/30/2017 DENYING DEUTSCHE BANK'S MOTION TO ALTER OR AMEND
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-10-25
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-09-25
|
| 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 |
2017-09-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-09-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
|
|
DEUTSCHE BANK TRUST COMPANY, N.A., et. al. VS RONALD S. KOCHMAN, et. al.
|
4D2017-2925
|
2017-09-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CP002175XXXXMB
|
Parties
| Name |
Deutsche Bank Trust Company
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jason R. Domark, C. REID KLINE, CHARLES CHRISTIAN KLINE
|
|
| Name |
LAWRENCE J. AND FLORENCE A. DEGEORGE CHARITABLE TRUST
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MICHAEL DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PETER R DEGEORGE Sr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRUSTEE OF THE FLORENCE A DEGEORGE AMENDED AND RESTATED REVOCABLE TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL PARTNERS, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF FLORENCE A DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEG CAPITAL MANAGEMENT L.C.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RONALD S. KOCHMAN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven M. Katzman, ROBERT WAYNE GOLDMAN, JAMES G. PRESSLEY, JR. (DNU), Matthew Scott Sackel, BRIAN JOHN FELCOSKI, Edward Downey
|
|
| Name |
LAWRENCE F. DEGEORGE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-02-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR JAMES G. PRESSLEY, JR. NOT DELIVERABLE AS ADDRESSED.
|
|
| Docket Date |
8888-01-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CASE NUMBERS 17-2924, 17-2925 AND 17-2926 DISMISSED. SEE 01/17/2018 ORDER.***
|
|
| Docket Date |
2018-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ Upon consideration of appellant's February 13, 2018 response, it is ORDERED that appellee's February 12, 2018 motion for appellate attorneys' fees is denied.
|
|
| Docket Date |
2018-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that appellee's February 14, 2018 motion for leave to file reply is denied.
|
|
| Docket Date |
2018-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellant’s December 22, 2017 and January 5, 2018 responses, it is ORDERED that appellee, Peter R. DeGeorge, Sr.’s December 14, 2017 motion to dismiss appeal on the basis of lack of subject matter jurisdiction and appellee, Ronald S. Kochman’s December 21, 2017 motion to dismiss appeals for lack of subject matter jurisdiction are granted, and the above-styled consolidated appeal is dismissed in its entirety.CONNER, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-01-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-12-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ***ONLY 17-3670, 17-3673 AND 17-3674 DISMISSED *** APPEAL SHALL REMAIN PENDING AS TO 17-2924, 17-2925 AND 17-2926.*** Upon consideration of appellant's December 5, 2017 jurisdictional brief and appellee's December 11, 2017 response, it is ORDERED sua sponte that case numbers 4D17-3670, 4D17-3673, and 4D17-3674 are dismissed for lack of jurisdiction. This court notes that the appellant's motions to alter or amend were untimely filed Florida Rule of Civil Procedure 1.530(g) motions in the lower tribunal and therefore did not toll rendition pursuant to Florida Rule of Appellate Procedure 9.020(i). However, this court chose to stay the case in its September 25, 2017 order to allow the lower tribunal to dispose of the pending motions. This court will not review the orders denying the motions to alter or amend in the merits of this appeal. The appeal shall proceed as to consolidated case numbers 4D17-2924, 4D17-2925, and 4D17-2926, and a single initial brief addressing the issues of those case numbers only shall be filed by the appellant on or before January 22, 2018. Further,ORDERED that appellant's December 14, 2017 motion for leave to file a reply in support of statement of jurisdiction is denied.WARNER, MAY and CIKLIN, JJ., concur.
|
|
| Docket Date |
2017-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's November 30, 2017 "motion to consolidate appeals and for extension of time to file initial brief" 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 9.170, and shall proceed under case number 4D17-2924. The appellant shall serve a single initial brief, addressing the issues from all case numbers, on or before January 22, 2018. 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 |
2017-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ (COPY FOR 17-2925)
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-21
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COURT REPORTER ACKNOWLEDGMENT IN 17-2926
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-20
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ *AND* NOTICE OF APPEARANCE OF COUNSEL
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-11-15
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2017-11-06
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties shall show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D17-2924, 4D17-2925, and 4D17-2926 should not be consolidated for the purpose of assignment to the same merits panel. If no response is filed within the time provided, the cases shall be assigned for that purpose in a separate order.
|
|
| Docket Date |
2017-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ L.T. ORDER ON MOTION TO ALTER OR AMEND
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-10-25
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
| Docket Date |
2017-09-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-09-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The notice of appeal in this case indicates that a motion to alter or amend is pending in the lower tribunal. ORDERED that the above-styled case is stayed until the lower tribunal disposes of the motion to alter or amend and appellant files a copy of the order in this court. On that date, the stay will be automatically lifted, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(i)(3). If the lower tribunal has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2017-09-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Deutsche Bank Trust Company
|
|
|
