WBL SPE II, LLC VS GRAVITY SEGREGATION, LLC, et al.
|
4D2020-2613
|
2020-12-02
|
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
502017CA011105
|
Parties
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
WBL SPE II, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jonathan M. Sykes, Gennifer L. Bridges, John J. Bennett
|
|
Name |
Unknown Tenant in Possession
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ETR3, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SPO I, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
1509 PROSPERITY FARMS, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Gravity Segregation, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Brian K. Korte, Allegra Fung, Jonelle M. Rainford, Stephen E. Walker, Joseph S. Van De Bogart
|
|
Name |
THE RAMA FUND, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PLC 6, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Laboratory Suites, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Seacoast Utility Authority
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Second Unknown in Possession
|
Role |
Appellee
|
Status |
Active
|
|
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 |
9999-01-11
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ **Cases 20-1639 and 20-2613 are consolidated for ALL PURPOSES - See case 20-1639 for future entries**
|
|
Docket Date |
2222-12-23
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ **RETURNED MAIL FOR UNKNOWN TENANT IN POSSESSION. NOT DELIVERABLE AS ADDRESSED.**
|
|
Docket Date |
2021-10-29
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-10-29
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-10-07
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee's January 25, 2021 motion for attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. 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.Further, ORDERED that the motion for costs filed by Brian K. Korte is denied without prejudice to seek costs in the trial court.
|
|
Docket Date |
2021-10-07
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2021-07-06
|
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 |
2021-05-24
|
Type |
Brief
|
Subtype |
Supplemental Reply Brief
|
Description |
Supplemental Appellant's Reply Brief
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-05-24
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-05-04
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLEE, GRAVITY SEGREGATION'S MOTION TO TAXATTORNEY'S FEES & COSTS ON APPEAL
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-04-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ (FILED IN CASE 20-2613)
|
On Behalf Of |
Gravity Segregation, LLC
|
|
Docket Date |
2021-04-22
|
Type |
Brief
|
Subtype |
Supplemental Answer Brief
|
Description |
Supplemental Appellee's Answer Brief ~ GRAVITY SEGREGATION
|
On Behalf Of |
Gravity Segregation, LLC
|
|
Docket Date |
2021-04-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee Gravity Segregation’s April 14, 2021 motion for extension of time is granted, and appellee shall serve the supplemental answer brief on or before April 22, 2021. In addition, appellee Gravity Segregation is notified that the failure to serve the supplemental brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
Docket Date |
2021-04-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ Gravity Segregation
|
On Behalf Of |
Gravity Segregation, LLC
|
|
Docket Date |
2021-03-12
|
Type |
Brief
|
Subtype |
Supplemental Initial Brief
|
Description |
Supplemental Appellant's Initial Brief
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-03-05
|
Type |
Order
|
Subtype |
Order on Motion For Clarification
|
Description |
Grant Clarification ~ Upon consideration of appellee, Gravity Segregation’s March 3, 2021 response, it is ORDERED that appellant’s February 5, 2021 motion for clarification is granted, and the proposed briefing deadlines are adopted. Appellant’s supplemental initial brief is due March 12, 2021, appellee's supplemental answer brief is due thirty (30) days from service of appellant's supplemental initial brief, and appellant’s supplemental reply brief is due thirty (30) days from service of appellee's supplemental answer brief. Further, ORDERED that appellant’s March 4, 2021 “motion to strike, or in the alternative, for leave to file reply to Gravity Segregation, LLC's response to WBL’s motion for clarification of deadlines” is denied.
|
|
Docket Date |
2021-03-04
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ OR IN THE ALTERNATIVE, FOR LEAVE TO FILE REPLY TO GRAVITY SEGREGATION, LLC'S RESPONSE
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-03-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ GRAVITY SEGREGATION'S RESPONSE TO APPELLANT'S MOTION FOR CLARIFICATION
|
On Behalf Of |
Gravity Segregation, LLC
|
|
Docket Date |
2021-02-22
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-02-22
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-02-08
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within fifteen (15) days from the date of this order, to appellant’s February 5, 2021 motion for clarification.
|
|
Docket Date |
2021-02-08
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLEE, GRAVITY SEGREGATION'S MOTION TO TAXATTORNEY'S FEES & COSTS ON APPEAL
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-02-05
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion For Clarification
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-02-02
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (FILED IN CASE 20-2613) 851 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2021-02-01
|
Type |
Order
|
Subtype |
Order on Motion For Review
|
Description |
ORD-Grant Motion for Review ~ Upon consideration of appellee’s January 27, 2021 response, it is ORDERED that appellant’s January 25, 2021 “emergency motion to review order denying motion for stay pending review” is granted, and the proceedings in the circuit court, including the foreclosure sale, are stayed pending the outcome of this appeal.
|
|
Docket Date |
2021-01-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ GRAVITY SEGREGATION'S RESPONSE
|
On Behalf Of |
Gravity Segregation, LLC
|
|
Docket Date |
2021-01-26
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ CORRECTED TRANSCRIPT OF HEARING ON MOTION FOR STAY
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-01-25
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ GRAVITY SEGREGATION'S MOTION TO TAX ATTORNEY'S FEES & COSTS (RESPONSE FILED 02/08/2021 AND 05/04/2021)
|
On Behalf Of |
Gravity Segregation, LLC
|
|
Docket Date |
2021-01-25
|
Type |
Motions Other
|
Subtype |
Motion For Review
|
Description |
Motion For Review ~ EMERGENCY
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-01-25
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ GRAVITY SEGREGATION'S
|
On Behalf Of |
Gravity Segregation, LLC
|
|
Docket Date |
2021-01-25
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that appellees are directed to respond by noon on Wednesday, January 27, 2021 to appellant’s January 25, 2021 “emergency motion to review order denying motion for stay pending review.”
|
|
Docket Date |
2021-01-25
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-01-20
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ GRAVITY SEGREGATION'S
|
On Behalf Of |
Gravity Segregation, LLC
|
|
Docket Date |
2021-01-20
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ ORDERED that appellee Gravity Segregation’s answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it is does not have a table of contents with the issues written out or a table of citations. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
Docket Date |
2021-01-11
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
ORD-Granting Consolidation ~ Upon consideration of appellees’ December 7, 2020 response and appellant’s December 11, 2020 response, it is ORDERED that the above-styled appeals are consolidated for all purposes 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 4D20-1639. Appellant is permitted to file a supplement to its initial brief filed in case number 4D20-1639. Should appellee file its answer brief before this order is issued, appellee is also permitted to supplement its answer brief.
|
|
Docket Date |
2021-01-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-01-04
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF CHANGE OF FIRM AND DESIGNATION OF EMAIL ADDRESSES
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-12-11
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-12-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-12-07
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ APPELLEE GRAVITY SEGREGATION
|
On Behalf Of |
Gravity Segregation, LLC
|
|
Docket Date |
2020-12-07
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ ORDERED that the parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why case numbers 4D20-1639 and 4D20-2613 should not be consolidated for all purposes.
|
|
Docket Date |
2020-12-07
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-12-04
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-12-03
|
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 |
2020-12-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-12-02
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-12-02
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
WBL SPE II, LLC VS 1509 PROSPERITY FARMS LLC, et al.
|
4D2020-1639
|
2020-07-21
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA011105AXX
|
Parties
Name |
WBL SPE II, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Gennifer L. Bridges, John J. Bennett, Jonathan M. Sykes
|
|
Name |
Seacoast Utility Authority
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Unknown Tenant in Possession
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Laboratory Suites, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PLC 6, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
THE RAMA FUND, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
1509 PROSPERITY FARMS, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jonelle M. Rainford, Allegra Fung, Brian K. Korte, Joseph S. Van De Bogart, Stephen E. Walker
|
|
Name |
Gravity Segregation. LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Second Unknown Tenant in Possession
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ETR3, LLC
|
Role |
Appellee
|
Status |
Active
|
|
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 |
9999-01-11
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ **Cases 20-1639 and 20-2613 are consolidated for ALL PURPOSES - See case 20-1639 for future entries**
|
|
Docket Date |
2021-10-29
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-10-29
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-10-07
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellant's February 22, 2021 motion to tax appellate attorneys’ fees is denied.
|
|
Docket Date |
2021-10-07
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2021-07-06
|
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 |
2021-05-24
|
Type |
Brief
|
Subtype |
Supplemental Reply Brief
|
Description |
Supplemental Appellant's Reply Brief
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-05-24
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-05-04
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLEE, GRAVITY SEGREGATION'S MOTION TO TAXATTORNEY'S FEES & COSTS ON APPEAL
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-04-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ (FILED IN CASE 20-2613)
|
On Behalf Of |
1509 Prosperity Farms LLC
|
|
Docket Date |
2021-04-22
|
Type |
Brief
|
Subtype |
Supplemental Answer Brief
|
Description |
Supplemental Appellee's Answer Brief ~ GRAVITY SEGREGATION
|
On Behalf Of |
1509 Prosperity Farms LLC
|
|
Docket Date |
2021-04-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee Gravity Segregation’s April 14, 2021 motion for extension of time is granted, and appellee shall serve the supplemental answer brief on or before April 22, 2021. In addition, appellee Gravity Segregation is notified that the failure to serve the supplemental brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
Docket Date |
2021-04-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ Gravity Segregation
|
On Behalf Of |
1509 Prosperity Farms LLC
|
|
Docket Date |
2021-03-12
|
Type |
Brief
|
Subtype |
Supplemental Initial Brief
|
Description |
Supplemental Appellant's Initial Brief
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-03-05
|
Type |
Order
|
Subtype |
Order on Motion For Clarification
|
Description |
Grant Clarification ~ Upon consideration of appellee, Gravity Segregation’s March 3, 2021 response, it is ORDERED that appellant’s February 5, 2021 motion for clarification is granted, and the proposed briefing deadlines are adopted. Appellant’s supplemental initial brief is due March 12, 2021, appellee's supplemental answer brief is due thirty (30) days from service of appellant's supplemental initial brief, and appellant’s supplemental reply brief is due thirty (30) days from service of appellee's supplemental answer brief. Further, ORDERED that appellant’s March 4, 2021 “motion to strike, or in the alternative, for leave to file reply to Gravity Segregation, LLC's response to WBL’s motion for clarification of deadlines” is denied.
|
|
Docket Date |
2021-03-04
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ OR IN THE ALTERNATIVE, FOR LEAVE TO FILE REPLY TO GRAVITY SEGREGATION, LLC'S RESPONSE
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-03-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ GRAVITY SEGREGATION'S RESPONSE TO APPELLANT'S MOTION FOR CLARIFICATION
|
On Behalf Of |
1509 Prosperity Farms LLC
|
|
Docket Date |
2021-02-22
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-02-22
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-02-08
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLEE, GRAVITY SEGREGATION'S MOTION TO TAXATTORNEY'S FEES & COSTS ON APPEAL
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-02-08
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within fifteen (15) days from the date of this order, to appellant’s February 5, 2021 motion for clarification.
|
|
Docket Date |
2021-02-05
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion For Clarification
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-02-02
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (FILED IN CASE 20-2613) 851 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2021-02-01
|
Type |
Order
|
Subtype |
Order on Motion For Review
|
Description |
ORD-Grant Motion for Review ~ Upon consideration of appellee’s January 27, 2021 response, it is ORDERED that appellant’s January 25, 2021 “emergency motion to review order denying motion for stay pending review” is granted, and the proceedings in the circuit court, including the foreclosure sale, are stayed pending the outcome of this appeal.
|
|
Docket Date |
2021-01-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ GRAVITY SEGREGATION'S RESPONSE
|
On Behalf Of |
1509 Prosperity Farms LLC
|
|
Docket Date |
2021-01-26
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ CORRECTED TRANSCRIPT OF HEARING ON MOTION FOR STAY
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-01-25
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-01-25
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ GRAVITY SEGREGATION'S
|
On Behalf Of |
1509 Prosperity Farms LLC
|
|
Docket Date |
2021-01-25
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ GRAVITY SEGREGATION'S MOTION TO TAX ATTORNEY'S FEES & COSTS (RESPONSE FILED 02/08/2021 AND 05/04/2021)
|
On Behalf Of |
1509 Prosperity Farms LLC
|
|
Docket Date |
2021-01-25
|
Type |
Motions Other
|
Subtype |
Motion For Review
|
Description |
Motion For Review ~ EMERGENCY
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-01-25
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that appellees are directed to respond by noon on Wednesday, January 27, 2021 to appellant’s January 25, 2021 “emergency motion to review order denying motion for stay pending review.”
|
|
Docket Date |
2021-01-20
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ ORDERED that appellee Gravity Segregation’s answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it is does not have a table of contents with the issues written out or a table of citations. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
Docket Date |
2021-01-20
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ GRAVITY SEGREGATION'S
|
On Behalf Of |
1509 Prosperity Farms LLC
|
|
Docket Date |
2021-01-11
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
ORD-Granting Consolidation ~ Upon consideration of appellees’ December 7, 2020 response and appellant’s December 11, 2020 response, it is ORDERED that the above-styled appeals are consolidated for all purposes 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 4D20-1639. Appellant is permitted to file a supplement to its initial brief filed in case number 4D20-1639. Should appellee file its answer brief before this order is issued, appellee is also permitted to supplement its answer brief.
|
|
Docket Date |
2021-01-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2021-01-04
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-12-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Gravity Segregation’s December 22, 2020 motion for extension of time is granted, and appellee shall serve the answer brief within twenty (20) days from the current due date. 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 |
2020-12-22
|
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 |
1509 Prosperity Farms LLC
|
|
Docket Date |
2020-12-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ WBL SPE II, LLC
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-12-11
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-12-07
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ ORDERED that the parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why case numbers 4D20-1639 and 4D20-2613 should not be consolidated for all purposes.
|
|
Docket Date |
2020-12-07
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ GRAVITY SEGREGATION'S RESPONSE
|
On Behalf Of |
1509 Prosperity Farms LLC
|
|
Docket Date |
2020-11-30
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-09-16
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-09-16
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 11/30/2020
|
|
Docket Date |
2020-09-15
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1,045 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2020-08-17
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-07-24
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
WBL SPE II, LLC
|
|
Docket Date |
2020-07-22
|
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 |
2020-07-22
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-07-21
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-07-21
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
WBL SPE II, LLC
|
|
|
MEDLEY PLAZA, INC., VS THE RAMA FUND, LLC, etc., et al.,
|
3D2016-1403
|
2016-06-14
|
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
12-41663
|
Parties
Name |
MEDLEY PLAZA, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Thomas G. Neusom
|
|
Name |
THE RAMA FUND, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Phil Palmetto, FRANCES GUASCH DE LA GUARDIA, EDMOND SUGAR, CAMERON H.P. WHITE, LES LAROCHE, JOAQUIN J. ALEMANY, HOLLAND & KNIGHT LLP
|
|
Name |
RAIJMAN REALTY, INC. PROFIT SHARING PLAN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
METROPOLITAN MORTGAGE PROFIT SHARING PLAN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Tracey D. Fuller
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Samantha Ruiz Cohen
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-07-29
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-07-13
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Authored Opinion
|
|
Docket Date |
2016-06-24
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ Order
|
On Behalf Of |
MEDLEY PLAZA, INC.
|
|
Docket Date |
2016-06-24
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ to order to show cause
|
On Behalf Of |
MEDLEY PLAZA, INC.
|
|
Docket Date |
2016-06-23
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
THE RAMA FUND, LLC
|
|
Docket Date |
2016-06-15
|
Type |
Order
|
Subtype |
Show Cause re No Order Appealed
|
Description |
AA TO FILE ORDER APPEALED (OR34) ~ Counsel for appellant is ordered to file within ten (10) days from the date of this order a conformed copy of the order or orders designated in the notice of appeal. See Fla. R. App. P. 9.110(d).
|
|
Docket Date |
2016-06-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
Docket Date |
2016-06-14
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
MEDLEY PLAZA, INC.
|
|
Docket Date |
2016-06-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
DM:No Fee - Case Dismissed
|
|
|
KANTOR, PALMETTO & ASSOCIATES, P.L., VS MEDLEY PLAZA, INC., et al.,
|
3D2015-2302
|
2015-10-06
|
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
12-41663
|
Parties
Name |
KANTOR, PALMETTO & ASSOCIATES, P.L.
|
Role |
Appellant
|
Status |
Active
|
Representations |
JONATHAN J. ALFONSO, CAROLINA M. DUTRIZ
|
|
Name |
MEDLEY PLAZA, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jose A. Casal, Thomas G. Neusom, LES LAROCHE, BARBARA J. RIESBERG, F. LEE MORRISON
|
|
Name |
THE RAMA FUND, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Lisa S. Walsh
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-05-05
|
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 |
MEDLEY PLAZA, INC.
|
|
Docket Date |
2016-11-29
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-11-29
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-11-09
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Opinion ~ Affirmed in Part and Remanded in Part.
|
|
Docket Date |
2016-09-20
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 3rd DCA
|
|
Docket Date |
2016-07-05
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
Notice of Oral Argument
|
|
Docket Date |
2016-06-25
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
MEDLEY PLAZA, INC.
|
|
Docket Date |
2016-06-24
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
MEDLEY PLAZA, INC.
|
|
Docket Date |
2016-06-24
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion For Oral Argument
|
On Behalf Of |
MEDLEY PLAZA, INC.
|
|
Docket Date |
2016-06-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ AB (The Rama Fund, LLC)-10 days to 6/24/16
|
|
Docket Date |
2016-06-14
|
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 |
MEDLEY PLAZA, INC.
|
|
Docket Date |
2016-05-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ AB (The Rama Fund, LLC)-20 days to 6/14/16
|
|
Docket Date |
2016-05-25
|
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 |
MEDLEY PLAZA, INC.
|
|
Docket Date |
2016-05-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ AB (The Rama Fund, LLC)-20 days to 5/25/16
|
|
Docket Date |
2016-04-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ AB (The Rama Fund, LLC)-20 days to 5/5/16
|
|
Docket Date |
2016-04-11
|
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 |
MEDLEY PLAZA, INC.
|
|
Docket Date |
2016-03-21
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
KANTOR, PALMETTO & ASSOCIATES, P.L.
|
|
Docket Date |
2016-03-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
KANTOR, PALMETTO & ASSOCIATES, P.L.
|
|
Docket Date |
2016-03-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Extension Granted for Initial Brief (OGO3) ~ Appellant¿s motion for an extension of time to file the initial brief is granted to and including March 21, 2016.
|
|
Docket Date |
2016-03-09
|
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 |
KANTOR, PALMETTO & ASSOCIATES, P.L.
|
|
Docket Date |
2016-02-19
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this order, or within said time the court is otherwise notified that this matter is being diligently prosecuted.
|
|
Docket Date |
2016-01-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ AB-7 days to 1/29/16.
|
|
Docket Date |
2016-01-22
|
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 |
KANTOR, PALMETTO & ASSOCIATES, P.L.
|
|
Docket Date |
2015-12-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 1/22/16.
|
|
Docket Date |
2015-12-23
|
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 |
KANTOR, PALMETTO & ASSOCIATES, P.L.
|
|
Docket Date |
2015-12-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal ~ 7 VOLUMES.
|
|
Docket Date |
2015-10-13
|
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 23, 2015.
|
|
Docket Date |
2015-10-06
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-10-06
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
KANTOR, PALMETTO & ASSOCIATES, P.L.
|
|
Docket Date |
2015-10-06
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for appeal is due.
|
|
|