| 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
502020CA014072
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Parties
| Name |
KINGFISH INVESTMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
S. Brian Bull
|
|
| Name |
WAWA FLORIDA, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
VCC RIVIERA BEACH LLC
|
| Role |
Appellee
|
| Status |
Dismissed
|
| Representations |
Joel D. Kenwood, Noah B. Tennyson, Robert Rivas, Terry E. Resk, Victor Robert Berwin, Jeremy Scott Dicker
|
|
Docket Entries
| Docket Date |
2023-01-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-12-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-12-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that appellant’s October 20, 2022 notice of dropping appellee VCC Riviera Beach, LLC as a party is treated as a notice of voluntary dismissal, and this case is dismissed as to appellee VCC Riviera Beach, LLC only. All future filings shall reflect the above-styled case caption.
|
|
| Docket Date |
2022-10-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF DROPPING APPELLEE VCC RIVIERA BEACH, LLC AS A PARTY
|
| On Behalf Of |
Kingfish Investment, Llc
|
|
| Docket Date |
2022-09-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Kingfish Investment, Llc
|
|
| Docket Date |
2022-09-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ TO APPELLEE VCC RIVIERA BEACH, LLC'S ANSWER BRIEF
|
| On Behalf Of |
Kingfish Investment, Llc
|
|
| Docket Date |
2022-09-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE WAWA FLORIDA, LLC'S MOTION FOR CONTINGENT AWARD OF APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Kingfish Investment, Llc
|
|
| Docket Date |
2022-08-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 09/06/2022**
|
| On Behalf Of |
VCC Riviera Beach, Llc
|
|
| Docket Date |
2022-08-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ WAWA FLORIDA, LLC
|
| On Behalf Of |
VCC Riviera Beach, Llc
|
|
| Docket Date |
2022-08-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee Wawa Florida, LLC's appendix to the answer 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 was not text searchable. 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 |
2022-08-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
VCC Riviera Beach, Llc
|
|
| Docket Date |
2022-07-12
|
| 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 |
VCC Riviera Beach, Llc
|
|
| Docket Date |
2022-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ July 12, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before August 22, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-06-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VCC Riviera Beach, Llc
|
|
| Docket Date |
2022-06-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Kingfish Investment, Llc
|
|
| Docket Date |
2022-06-23
|
| 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 completely text searchable, 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 |
2022-06-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Kingfish Investment, Llc
|
|
| Docket Date |
2022-06-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Kingfish Investment, Llc
|
|
| Docket Date |
2022-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VCC Riviera Beach, Llc
|
|
| Docket Date |
2022-05-25
|
| 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 May 25, 2022 motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before June 23, 2022. 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 |
2022-05-25
|
| 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 |
Kingfish Investment, Llc
|
|
| Docket Date |
2022-05-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ **AMENDED**
|
|
| Docket Date |
2022-05-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Kingfish Investment, Llc
|
|
| Docket Date |
2022-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-05-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Kingfish Investment, Llc
|
|
| Docket Date |
2022-12-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellee Wawa Florida, LLC’s August 29, 2022 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, and if so, setting the amount of fees to be awarded for this case. In determining whether appellee is entitled to fees under section 768.79, the court should consider whether appellee’s proposal for settlement was directed specifically to appellant’s claims for damages or was also directed to its claim for equitable relief. See Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362, 372-74 (Fla. 2013); MYD Marine Distrib., Inc. v. Int’l Paint Ltd., 187 So. 3d 1285, 1286-87 (Fla. 4th DCA 2016). If the court determines that appellee is entitled to fees, and 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. Further,ORDERED that appellant’s September 20, 2022 request for oral argument is denied.
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|
| Docket Date |
2022-06-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that Terry E. Resk's June 29, 2022 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2022-05-24
|
| 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 (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.
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