|
MICHAEL D. TOTH and LINAWATI TOTH VS EUGENE W. TOTH, et al.
|
4D2022-2628
|
2022-09-28
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2021CA003506AI
|
Parties
| Name |
Linawati Toth
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Michael D. Toth
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
John R. Hart, Dean A. Morande, Alexandra D. Blye
|
|
| Name |
Marie Toth
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LEARNING SCIENCES INTERNATIONAL LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Bryan E. Toth
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Eugene W. Toth
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Benjamin L. Reiss, Paul D. Turner, Thomas J. Ali, Michael A. Muha, Marshall Bender, Steven Zoffer, Oliver Birman, Stuart N. Kaplan
|
|
Docket Entries
| Docket Date |
2022-12-01
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Michael D. Toth
|
|
| Docket Date |
2022-11-21
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Eugene W. Toth
|
|
| Docket Date |
2023-04-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-04-12
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion
|
|
| Docket Date |
2022-11-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Eugene W. Toth
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that, having considered petitioners’ response, respondents’ October 25, 2022 motion for extension of time is granted. The time for filing a response is extended to November 21, 2022.
|
|
| Docket Date |
2022-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Eugene W. Toth
|
|
| Docket Date |
2022-10-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Eugene W. Toth
|
|
| Docket Date |
2022-10-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION AND MOTION FOR EXPEDITED REVIEW OF PENDING PETITION
|
| On Behalf Of |
Michael D. Toth
|
|
| Docket Date |
2022-10-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter ~ *AMENDED*
|
|
| Docket Date |
2022-09-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2022-09-29
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Michael D. Toth
|
|
| Docket Date |
2022-09-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-28
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Michael D. Toth
|
|
| Docket Date |
2022-09-28
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
| Docket Date |
2023-04-12
|
| Type |
Disposition (SC)
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion
|
|
| Docket Date |
2022-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ ORDERED that petitioners’ September 29, 2022 motion for review is denied. Further, ORDERED that, within twenty (20) days from the date of this order, respondents shall file a response to the petition and show cause why the relief requested should not be granted. Petitioners may reply within ten (10) days thereafter.
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|
|
|
MICHAEL D. TOTH, LINAWAIT TOTH, and LEARNING SCIENCES INTERNATIONAL, LLC VS EUGENE W. TOTH, et al.
|
4D2021-2614
|
2021-09-09
|
Closed
|
|
| 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
502021CA003506 AI
|
Parties
| Name |
LEARNING SCIENCES INTERNATIONAL LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Michael D. Toth
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Dean A. Morande, Ryan S. Cobbs, Alexandra D. Blye, Efraim Grail, John R. Hart
|
|
| Name |
Linawati Toth
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bryan E. Toth
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Marie Toth
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Eugene W. Toth
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven Zoffer, Michael A. Muha, Thomas J. Ali, Stuart N. Kaplan
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-10-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 22, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-10-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-10-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Michael D. Toth
|
|
| Docket Date |
2021-10-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ September 24, 2021 motion for extension of time is granted, and appellants shall serve the initial brief and appendix within thirty (30) days from the current due date. In addition, if the initial brief and appendix are 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 |
2021-09-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Michael D. Toth
|
|
| Docket Date |
2021-09-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Michael D. Toth
|
|
| Docket Date |
2021-09-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-09-10
|
| 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 |
2021-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Michael D. Toth
|
|
| Docket Date |
2021-09-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
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MICHAEL D. TOTH, LINAWATI TOTH, et al. VS EUGENE W. TOTH, MARIE TOTH, et al.
|
4D2021-1901
|
2021-06-16
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA003506AI
|
Parties
| Name |
Michael D. Toth
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
John R. Hart, Alexandra D. Blye, Ryan S. Cobbs, Dean A. Morande
|
|
| Name |
LEARNING SCIENCES INTERNATIONAL LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Linawati Toth
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Marie Toth
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Eugene W. Toth
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Stuart N. Kaplan, Thomas J. Ali, Stanley Dale Klett
|
|
| Name |
Bryan E. Toth
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-18
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-06-18
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the petition for writ of certiorari is denied without prejudice. The trial court’s order was “without prejudice” and recognizes that the court is willing to reevaluate its discretionary ruling in the future. No departure from the essential requirements of law meriting discretionary review is shown at this time.LEVINE, C.J., GROSS and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2021-06-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2021-06-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-06-16
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Michael D. Toth
|
|
| Docket Date |
2021-06-16
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
|
