| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA008506XXXXMB
|
Parties
| Name |
PETER R. RAY, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LAW OFFICES OF FRED C. COHEN, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Neil Cherubin
|
|
| Name |
GREGORY R. COHEN, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BRENT G. WOLMER, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COHEN, NORRIS, WOLMER, RAY, TELEPMAN & COHEN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAVID B. NORRIS, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JAMES S. TELEPMAN, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
H.E.C. CLEANING LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lance W. Shinder, Chelsea Hackman
|
|
| Name |
Hon. Jeffrey Dana Gillen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-02-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-02-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ En Banc
|
|
| Docket Date |
2020-01-27
|
| Type |
Order
|
| Subtype |
Case to be Determined En Banc
|
| Description |
Proceeding Will Be Determined En Banc ~ ORDERED that, pursuant to Florida Rule of Appellate Procedure 9.331(a), the parties are hereby notified that the proceeding will be determined en banc.
|
|
| Docket Date |
2019-08-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
LAW OFFICES OF FRED C. COHEN, P.A.
|
|
| Docket Date |
2019-07-23
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
H.E.C. CLEANING, LLC
|
|
| Docket Date |
2019-07-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellee's answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it is not fully text searchable. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2019-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
H.E.C. CLEANING, LLC
|
|
| Docket Date |
2019-07-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 8/2/19.
|
|
| Docket Date |
2019-06-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LAW OFFICES OF FRED C. COHEN, P.A.
|
|
| Docket Date |
2019-06-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 7 DAYS TO 6/28/19.
|
|
| Docket Date |
2019-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LAW OFFICES OF FRED C. COHEN, P.A.
|
|
| Docket Date |
2019-05-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (665 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
H.E.C. CLEANING, LLC
|
|
| Docket Date |
2019-04-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-04-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED 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 |
2019-04-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
LAW OFFICES OF FRED C. COHEN, P.A.
|
|
| Docket Date |
2019-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LAW OFFICES OF FRED C. COHEN, P.A.
|
|
| Docket Date |
2019-04-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2016CA013186 AI
|
Parties
| Name |
DAVID B. NORRIS, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MICHAEL NICKLAUS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GREGORY COHEN, an individual
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BRENT G. WOLMER, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COHEN, NORRIS, WOLMER, RAY, TELEPMAN & COHEN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JAMES S. TELEPMAN, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LAW OFFICES OF FRED C. COHEN, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GREGORY R. COHEN, P.A., a Florida Professional Association
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOHN TODD VANCE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Scott Telepman
|
|
| Name |
PETER R. RAY, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DARREN TAUBE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AUBTES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Feldman, Joey M. Lampert, Gary M. Dunkel, Joshua B. Spector, Craig M. Oberweger, Seth Brian Burack
|
|
| Name |
DAVIDOFF LAW FIRM, PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jonathan M. Davidoff
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CRAIG M. OBERWEGER, an individual
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STEPHANIE TAUBE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellee's February 1, 2018 motion for attorney's fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 768.79, Florida Statutes (2014) 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 motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2018-03-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of the parties’ jurisdictional briefs and supplemental jurisdictional briefs, it is ORDERED that this appeal is DISMISSED for lack of jurisdiction.The only parties that have been completely eliminated from the case below are Law Offices of Fred C. Cohen, P.A.; David B. Norris, P.A.; Brent G. Wolmer, P.A.; Peter R. Ray, P.A.; and James S. Telepman, P.A. However, no final order of dismissal has been entered as to those parties. See generally Striton Properties, Inc. v. City of Jacksonville Beach, 605 So. 2d 164, 165 (Fla. 1st DCA 1992) (“[T]he trial court dismissed count V of the complaint with leave to amend within 20 days. Appellant chose not to amend. Therefore, dismissal of the complaint with prejudice was appropriate.”); Stoler v. Metro. Life Ins. Co., 287 So. 2d 694, 695 (Fla. 3d DCA 1974) (“The trial court dismissed the complaint without prejudice, but after plaintiff chose not to amend his complaint a final order of dismissal was entered . . . .”).Further, it appears to be undisputed that “Cohen, Norris, Wolmer, Ray, Telepman & Cohen” is a fictitious name, not a legal entity, and thus lacks capacity to sue, as the trial court found.As no other party has been completely eliminated from the case below, this court lacks jurisdiction to review the orders appealed.Dismissal is without prejudice to appellants to timely appeal upon the entry of a final, appealable order.WARNER, CIKLIN and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2018-03-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-02-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO SUPPLEMENTAL JURISDICTIONAL BRIEF (Jonathan Davidoff, Davidoff Law Firm, PLLC)
|
| On Behalf Of |
AUBTES, LLC.
|
|
| Docket Date |
2018-02-12
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ (SUPPLEMENTAL)
|
| On Behalf Of |
JOHN TODD VANCE
|
|
| Docket Date |
2018-02-08
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2018-02-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of the parties' responses to this court's January 12, 2018 jurisdictional order, it is ORDERED that this appeal is dismissed as to the December 22, 2017 ruling staying the case. However, it is not clear to this court whether the remainder of the orders are appealable. It is not clear what parties remain in the case below, what parties have been totally eliminated, and when each party was totally eliminated. Appellants shall file a supplemental jurisdictional brief, within five (5) days, listing all the claims and parties in the case and identifying which parties were totally eliminated from the case and when, so that this court can determine if any orders are appealable pursuant to Florida Rule of Appellate Procedure 9.110(k). Appellants are reminded that under rule 9.110(k), an order completely eliminating a party from a case is immediately appealable and will be untimely appealed if not appealed until the remaining parties are dismissed (unlike orders disposing of interrelated claims). Appellees may file a response within five (5) days of appellants' supplemental brief. The briefs/responses shall not exceed five (5) pages.
|
|
| Docket Date |
2018-02-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
AUBTES, LLC.
|
|
| Docket Date |
2018-02-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
AUBTES, LLC.
|
|
| Docket Date |
2018-02-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
AUBTES, LLC.
|
|
| Docket Date |
2018-01-22
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
JOHN TODD VANCE
|
|
| Docket Date |
2018-01-12
|
| 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 |
2018-01-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JOHN TODD VANCE
|
|
| Docket Date |
2018-01-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
