| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA002989
|
Parties
| Name |
BH3 MANAGEMENT LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Glen H. Waldman, Marlon Jay Weiss, Jeffrey Ramsey Lam
|
|
| Name |
Delray Beach Community Redevelopment Agency
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Sanaz Alempour, Courtney Alexandra Kaiser, Michael A. Rosenberg
|
|
| Name |
Hon. Bradley G. Harper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that the November 1, 2023 petition for writ of certiorari is dismissed for failure to show irreparable harm.
|
| View |
View File
|
|
| Docket Date |
2023-11-03
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
BH3 Management, LLC
|
| View |
View File
|
|
| Docket Date |
2023-11-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2023-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Delray Beach Community Redevelopment Agency
|
|
| Docket Date |
2023-11-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-11-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-11-02
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2023-11-02
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA002989XXXXMB
|
Parties
| Name |
BH3 MANAGEMENT LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Glen H. Waldman, Jeffrey R. Lam
|
|
| Name |
Delray Beach Community Redevelopment Agency
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael A. Rosenberg, George R. Truitt, Sanaz Alempour
|
|
| Name |
Hon. Glenn Kelley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellant’s July 30, 2021 response, it is ORDERED that appellee’s July 21, 2021 motion to dismiss is granted, and the above–styled appeal is dismissed as moot. Further, upon consideration of appellant’s July 30, 2021 response, it is ORDERED that appellee’s July 21, 2021 motion for attorney’s fees is granted pursuant to the Purchase and Sale Agreement and section 57.105(7), Florida Statutes (2020). Pursuant to Florida Rule of Appellate Procedure 9.400(b), upon remand of this cause, the amount of attorney’s fees shall be assessed by the trial court upon due notice and hearing, subject to review by this court under Florida Rule of Appellate Procedure 9.400(c). 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.WARNER, DAMOORGIAN and CIKLIN, JJ., concur.
|
|
| Docket Date |
2021-07-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
BH3 Management, LLC
|
|
| Docket Date |
2021-07-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Delray Beach Community Redevelopment Agency
|
|
| Docket Date |
2021-07-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Delray Beach Community Redevelopment Agency
|
|
| Docket Date |
2021-07-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Delray Beach Community Redevelopment Agency
|
|
| Docket Date |
2021-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's July 2, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before August 3, 2021. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-07-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Delray Beach Community Redevelopment Agency
|
|
| Docket Date |
2021-06-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
BH3 Management, LLC
|
|
| Docket Date |
2021-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief 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 contains bookmarks which are not in compliance with Rule 9.220(c)(3). 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 |
2021-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Delray Beach Community Redevelopment Agency
|
|
| Docket Date |
2021-06-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 6/8/21***
|
| On Behalf Of |
BH3 Management, LLC
|
|
| Docket Date |
2021-06-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BH3 Management, LLC
|
|
| Docket Date |
2021-05-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
BH3 Management, LLC
|
|
| Docket Date |
2021-05-24
|
| 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, 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 |
2021-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BH3 Management, LLC
|
|
| Docket Date |
2021-05-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
