|
Ronald W. McWhite, Jr., Appellant(s), v. Cemex Aggregates Terminal Baymeadows a/k/a Cemex Construction Materials Florida, Appellee(s).
|
5D2024-2822
|
2024-10-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
16-2023-CA-11799
|
Parties
| Name |
Ronald W. McWhite, Jr.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Cemex Aggregates Terminal Baymeadows
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Bruce Rutledge Anderson, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Duval Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-29
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
FILED: 10/29 ; PER: 10/18 ORDER
|
|
| Docket Date |
2024-11-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
APPEAL DISMISSED FAILURE TO PAY FILING FEE
|
| View |
View File
|
|
| Docket Date |
2024-11-12
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
LT Order Insolvency - NOT INDIGENT
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-10-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
FILED BELOW: 10/04/2024
|
|
| Docket Date |
2024-12-09
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-10-18
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed; AA W/IN 10 DYS FILE AMENDED NOA
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| View |
View File
|
|
|
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JACOB INDUSTRIES, LLC VS U.S. REAL ESTATE CREDIT HOLDINGS III-A, L.P., et al.
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4D2023-0829
|
2023-03-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA006815XXXMB
|
Parties
| Name |
JACOB INDUSTRIES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John W. Terwilleger, Michael Niles, Jeffrey S. Wertman, Brian G. Rich
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BANYAN CAY RESORT & GOLF, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TK ELEVATOR CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kim A. Pillar
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hardrives, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PIPELINE UTILITIES INCORPORATED
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Domenic F. Gatto, Sr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROSEN MATERIALS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TWINS FLOORING GROUP LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Domenic J. Gatto, Jr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BANYAN CAY VILLAS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Atlantic Door & Hardware, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
REGIONAL WALL SYSTEMS OF SFL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HARDRIVES OF DELRAY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BANYAN CAY DEV. LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STRUCTURAL ROOF SYSTEMS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Thyssenkrupp Elevator Corp.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
U.S. Real Estate Credit Holdings III-A, L.P.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brett Jaffe, John A. Hockin, Kyle W. Ohlenschlaeger, Gregg Fish, Brett T. Lashley, Gerard Catalanello, Stanley Dale Klett, Andrew A. Pineiro, Adam C. Linkhorst, Robert A. Solove, Michael J. Yates, Bruce E. Loren, Robert B. Resnick, Ian T. Kravitz
|
|
Docket Entries
| Docket Date |
2023-05-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-05-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that the above-styled appeal is dismissed for lack of subject matter jurisdiction. See Fla. R. App. P. 9.110(k); State v. Garcia, 350 So. 3d 322, 325 (Fla. 2022) (finding litigant must establish that the order constitutes a departure from the essential requirements of the law causing material injury for the remainder of the case that cannot be corrected on post-judgment appeal); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011) (“The test to determine whether counts of a multi-count complaint are so interrelated as to preclude a piecemeal appeal is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts.”) (quoting Perry v. Perry, 976 So. 2d 1151, 1153 (Fla. 4th DCA 2008)).WARNER, DAMOORGIAN and CONNER, JJ., concur.
|
|
| Docket Date |
2023-04-06
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| 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 February 28, 2023 order is an appealable final or nonfinal order, as it appears Count IV of the complaint is still pending against appellant. See Fla. R. App. P. 9.110(k) ("A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims."); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011) ("The test to determine whether counts of a multi-count complaint are so interrelated as to preclude a piecemeal appeal is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts.") (quoting Perry v. Perry, 976 So. 2d 1151, 1153 (Fla. 4th DCA 2008)). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-04-04
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| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2023-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ TRIAL COURT ORDER DATED MAY 5, 2023 IN FURTHER SUPPORT OF ITS RESPONSE TO APPELLANT/PETITIONERS' BRIEF STATEMENT EXPLAINING BASIS FOR JURISDICTION
|
| On Behalf Of |
Jacob Industries, LLC
|
|
| Docket Date |
2023-04-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
Jacob Industries, LLC
|
|
| Docket Date |
2023-04-17
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Jacob Industries, LLC
|
|
| Docket Date |
2023-04-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Jacob Industries, LLC
|
|
| Docket Date |
2023-04-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-03-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Jacob Industries, LLC
|
|
|
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PARAMOUNT OF FLORIDA PRESERVATION CORPORTATION and MILENNYS LAHERA VS SECURED INVESTMENT FUNDING, LLC, et al.
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4D2019-3609
|
2019-11-25
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2019CA004800 (AF)
|
Parties
| Name |
MILENNYS LAHERA CORP
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
PARAMOUNT OF FLORIDA PRESERVATION CORPORTATION
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
James A. Bonfiglio, Richard W. Glenn, Robert C. Gindel
|
|
| Name |
CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ROSEN MATERIALS, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ELAYNE CUETO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SECURED INVESTMENT FUNDING, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Andrew A. Pineiro, Brian D. Gottlieb, F. William Harvey, Laura Hope Richards
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-24
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-02-24
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the December 12, 2019 amended petition for writ of prohibition is denied.TAYLOR, MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-02-07
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
PARAMOUNT OF FLORIDA PRESERVATION CORPORTATION
|
|
| Docket Date |
2020-01-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Secured Investment Funding, LLC
|
|
| Docket Date |
2020-01-14
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that, within twenty (20) days from the date of this order, respondent shall file a response and show cause why the petition for writ of prohibition should not be granted. This order stays further proceedings in the lower tribunal. Fla. R. App. P. 9.100(h). Petitioners may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2019-12-12
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ AMENDED
|
| On Behalf Of |
PARAMOUNT OF FLORIDA PRESERVATION CORPORTATION
|
|
| Docket Date |
2019-12-09
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that Petitioner's December 2, 2019 Motion to Amend Petition for Writ of Prohibition is granted. Petitioner shall file an amended petition within five (5) days of this order.
|
|
| Docket Date |
2019-12-02
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ AMENDED
|
| On Behalf Of |
PARAMOUNT OF FLORIDA PRESERVATION CORPORTATION
|
|
| Docket Date |
2019-12-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO AMEND PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
PARAMOUNT OF FLORIDA PRESERVATION CORPORTATION
|
|
| Docket Date |
2019-11-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2019-11-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the Petitioner's appendix to the Petition for Writ of Prohibition is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-11-25
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***STRICKEN****FILING FEE PAID ELECTRONICALLY*
|
|
| Docket Date |
2019-11-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2019-11-25
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
PARAMOUNT OF FLORIDA PRESERVATION CORPORTATION
|
|
|
|
J.B. STEPHENSON VS CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC, et al.,
|
3D2018-2010
|
2018-10-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-17258
|
Parties
| Name |
J.B. STEPHENSON
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott M. Behren
|
|
| Name |
MIKE MEYERS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
STEVEN L. SCHWARZBERG
|
|
| Name |
CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOHN W. THORNTON, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-03-11
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellant’s notice of dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
| Docket Date |
2019-03-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-03-11
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2019-03-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-03-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
J.B. STEPHENSON
|
|
| Docket Date |
2019-03-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ notice of appeal
|
| On Behalf Of |
MIKE MEYERS
|
|
| Docket Date |
2019-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MIKE MEYERS
|
|
| Docket Date |
2018-12-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2018-10-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before October 22, 2018.
|
|
| Docket Date |
2018-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
J.B. STEPHENSON
|
|
| Docket Date |
2018-10-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2018-10-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
