|
RICHARD FIELDS and D. BOSWORTH, LLC VS ROBERT TOUSSIE and MICHAEL TOUSSIE, et al.
|
4D2019-1610
|
2019-06-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
18-002364
|
Parties
| Name |
D. BOSWORTH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RICHARD FIELDS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael W. Moskowitz, Scott M. Zaslav
|
|
| Name |
MICHAEL TOUSSIE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COASTAL DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROBERT TOUSSIE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jay E. Rothlein, Amanda Jassem Jones, Alex P. Rosenthal
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellants’ June 6, 2019 motions to consolidate, filed in both 4D19-1610 and 4D19-1612, are granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D19-1610. Appellants shall file a single initial brief addressing the issues of both appeals. Further, ORDERED that within ten (10) days from the date of this order appellants shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order on appeal in both cases, citing supporting legal authorities. Appellants shall specifically address how the portions of the May 2, 2019 orders of contempt which award plaintiff reasonable fees and costs are appealable, as the circuit court determined that plaintiff is entitled to fees and costs but did not determine the amount. See Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007). Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-06-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-06-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2222-06-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 19-1610 AND 19-1612 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER 19-1610. SEE 06/07/2019 ORDER.**
|
|
| Docket Date |
2020-06-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-06-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-06-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ May 20, 2020 “combined motion for rehearing and/or a written opinion relating to appellants’ second appellate point” is denied.
|
|
| Docket Date |
2020-05-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ MEMORANDUM OF LAW IN OPPOSITION TO APPELLANTS' MOTION FOR REHEARING AND/OR A WRITTEN OPINION RELATING TO APPELLANTS' SECOND APPELLANT POINT
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2020-05-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND/OR A WRITTEN OPINION RELATING TO APPELLANTS' SECOND APPELLATE POINT
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2020-05-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2020-02-21
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-01-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2020-01-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-12-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that Alex P. Rosenthal's December 17, 2019 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2019-12-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2019-12-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ December 13, 2019 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-11-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ROBERT TOUSSIE
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2019-10-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 11/25/2019
|
|
| Docket Date |
2019-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2019-09-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-08-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the appellants’ August 6, 2019 motion for extension of time to file initial brief is denied as moot as a notice of agreed extension was filed August 7, 2019.
|
|
| Docket Date |
2019-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-08-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/09/19
|
|
| Docket Date |
2019-08-06
|
| 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 |
RICHARD FIELDS
|
|
| Docket Date |
2019-07-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1532 PAGES (PAGES 1-1509)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-07-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-07-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on July 9, 2019, appellants are ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2019-07-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellants’ June 17, 2019 jurisdictional statement, it is ORDERED sua sponte that the above-styled appeal is dismissed as to the portions of the May 2, 2019 orders of contempt which determine entitlement to attorney’s fees and costs but do not determine the amount. Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994). This appeal shall proceed as a final appeal as to the remainder of the May 2, 2019 orders.DAMOORGIAN, FORST and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2019-07-09
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-06-17
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-06-04
|
| 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 |
2019-06-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-06-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
RICHARD FIELDS
|
|
|
|
COASTAL DEVELOPMENT, LLC and RICHARD FIELDS VS ROBERT TOUSSIE and MICHAEL TOUSSIE
|
4D2019-1612
|
2019-06-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
18-002364
|
Parties
| Name |
COASTAL DEVELOPMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott M. Zaslav, Michael W. Moskowitz
|
|
| Name |
RICHARD FIELDS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ROBERT TOUSSIE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alex P. Rosenthal, Jay E. Rothlein
|
|
| Name |
MICHAEL TOUSSIE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-07-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1532 PAGES (PAGES 1-1509)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-07-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-07-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on July 9, 2019, appellants are ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2019-07-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellants’ June 17, 2019 jurisdictional statement, it is ORDERED sua sponte that the above-styled appeal is dismissed as to the portions of the May 2, 2019 orders of contempt which determine entitlement to attorney’s fees and costs but do not determine the amount. Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994). This appeal shall proceed as a final appeal as to the remainder of the May 2, 2019 orders.DAMOORGIAN, FORST and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2019-07-09
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-06-17
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2222-06-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 19-1610 AND 19-1612 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER 19-1610. SEE 06/07/2019 ORDER.**
|
|
| Docket Date |
2020-06-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-06-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ May 20, 2020 “combined motion for rehearing and/or a written opinion relating to appellants’ second appellate point” is denied.
|
|
| Docket Date |
2020-06-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-05-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ MEMORANDUM OF LAW IN OPPOSITION TO APPELLANTS' MOTION FOR REHEARING AND/OR A WRITTEN OPINION RELATING TO APPELLANTS' SECOND APPELLANT POINT
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2020-05-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND/OR A WRITTEN OPINION RELATING TO APPELLANTS' SECOND APPELLATE POINT
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2020-05-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2020-01-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2020-01-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-12-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that Alex P. Rosenthal's December 17, 2019 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ December 13, 2019 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-12-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2019-12-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-11-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ROBERT TOUSSIE
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2019-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2019-09-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-08-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the appellants’ August 6, 2019 motion for extension of time to file initial brief is denied as moot as a notice of agreed extension was filed August 7, 2019.
|
|
| Docket Date |
2019-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-08-06
|
| 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 |
RICHARD FIELDS
|
|
| Docket Date |
2019-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellants’ June 6, 2019 motions to consolidate, filed in both 4D19-1610 and 4D19-1612, are granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D19-1610. Appellants shall file a single initial brief addressing the issues of both appeals. Further, ORDERED that within ten (10) days from the date of this order appellants shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order on appeal in both cases, citing supporting legal authorities. Appellants shall specifically address how the portions of the May 2, 2019 orders of contempt which award plaintiff reasonable fees and costs are appealable, as the circuit court determined that plaintiff is entitled to fees and costs but did not determine the amount. See Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007). Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-06-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2019-06-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2019-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2019-06-04
|
| 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 |
2019-06-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2019-06-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
COASTAL DEVELOPMENT, LLC and RICHARD FIELDS VS ROBERT TOUSSIE and MICHAEL TOUSSIE
|
4D2018-2632
|
2018-08-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2018-006859
|
Parties
| Name |
COASTAL DEVELOPMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Abbey L. Kaplan, Alan J. Kluger, Marko F. Cerenko, Todd A. Levine
|
|
| Name |
RICHARD FIELDS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MICHAEL TOUSSIE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROBERT TOUSSIE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alex P. Rosenthal
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-03-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-03-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the March 4, 2019 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2019-03-04
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2019-01-29
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's January 29, 2019 order is amended as follows: ORDERED that this court's January 24, 2019 order is vacated. Further,ORDERED that appellant's January 18, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before March 4, 2019. 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 |
2019-01-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2019-01-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2019-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ **VACATED**ORDERED that appellant's January 18, 2019 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2019-01-18
|
| 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 |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's December 12, 2018 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 18, 2019. 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 |
2018-12-12
|
| 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 |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-10-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (142 PAGES)
|
|
| Docket Date |
2018-10-05
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that the appellants’ October 3, 2018 motion to re-establish a briefing schedule is granted and the briefing deadlines start as of the filing of the notice of compliance with the court’s September 4, 2018 order.
|
|
| Docket Date |
2018-10-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH THIS COURT'S SEPTEMBER 4, 2018 ORDER
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-10-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO RE-ESTABLISH BRIEFING SCHEDULE
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-09-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-09-04
|
| 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 |
2018-08-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
|
|
COASTAL DEVELOPMENT, LLC and RICHARD FIELDS VS ROBERT TOUSSIE and MICHAEL TOUSSIE
|
4D2018-1718
|
2018-06-06
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2018-002364
|
Parties
| Name |
RICHARD FIELDS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COASTAL DEVELOPMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
W. Aaron Daniel, Alan J. Kluger, Abbey L. Kaplan, William D. Mueller, Marko F. Cerenko, Elliot B. Kula
|
|
| Name |
CENTENNIAL BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROBERT TOUSSIE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alex P. Rosenthal, MEGAN F. FRY
|
|
| Name |
STONEGATE BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHAEL TOUSSIE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-07-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR ABBEY KAPLAN. UPDATED ADDRESS AND RE-MAILED THE 06/26/2018 ORDER.
|
|
| Docket Date |
2018-08-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-08-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed. Irreparable harm for certiorari jurisdiction is not shown. In addition, the record reflects that Petitioners withdrew the stay of enforcement at the April 25, 2018 hearing, as reflected in the court’s order in that case. The May 14, 2018 order at issue in this proceeding, which allowed Petitioners to maintain a stay by posting a bond, does not depart from the essential requirements of law.LEVINE, FORST and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2018-08-10
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-07-31
|
| Type |
Order
|
| Subtype |
Order to File (Supplemental) Appendix
|
| Description |
Order Requiring Supplemental Appendix ~ ORDERED that, within ten (10) days of this order, petitioners shall file a supplemental appendix containing a transcript of the April 25, 2018 hearing, which led to the court’s April 25, 2018 order denying the motion to dismiss or set bond.
|
|
| Docket Date |
2018-07-23
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-07-23
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-07-02
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ Upon consideration of appellants’ June 16, 2018 jurisdictional brief and appellees’ June 22, 2018 reply, it is ORDERED that the Notice of Appeal filed in the Circuit Court is treated as a Petition for Writ of Certiorari. Petitioners shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
| Docket Date |
2018-06-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 18, 2018 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 19, 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 |
2018-06-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' JURISDICTIONAL STATEMENT
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2018-06-18
|
| 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 |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-06-16
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-06-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
COASTAL DEVELOPMENT, LLC
|
|
| Docket Date |
2018-06-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-06-07
|
| 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 granting the motion to lift stay of enforcement of foreign judgment is an appealable order, as it is not clear that an injunction or the right to immediate possession of property are involved; furtherAppellee may file a response within ten (10) days of service of that statement.
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