|
ERIC ZAUSNER AND ROBERT ZAUSNER VS PAC CROSSTOWN WALK, LLC, ET AL.
|
2D2023-0106
|
2023-01-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
22-CC-008378
|
Parties
| Name |
ROBERT ZAUSNER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ERIC ZAUSNER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CROSSTOWN WALK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PAC CROSSTOWN WALK, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHARLES V. BARRETT, IV, ESQ., CHARLES V. BARRETT, I I I, ESQ.
|
|
| Name |
HON. JOSEPH MICHAEL TOMPKINS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, SEPTEMBER 27, 2023, at 9:30 A.M., before: Judge Craig C. Villanti, Judge Edward C. LaRose, Judge Robert J. Morris. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College Of Law, Tampa Law Center, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2023-10-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-10-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellants' "Ex Parte Emergency Motion for Postponement" is granted. Oral argument scheduled for September 27, 2023, is cancelled. This case will be considered on the parties' briefs and decided without oral argument.
|
|
| Docket Date |
2023-09-27
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ EX PARTE EMERGENCY MOTION FOR POSTPONEMENT
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2023-09-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE THAT IT WAIVES APPEARANCE AT ORAL ARGUMENT
|
| On Behalf Of |
PAC CROSSTOWN WALK, LLC
|
|
| Docket Date |
2023-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion To Quash
|
| Description |
Order Denying Quash ~ Appellants' "motion to quash respondent’s answer brief as untimely" is denied.
|
|
| Docket Date |
2023-06-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2023-05-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Quash
|
| Description |
Motion To Quash ~ MOTION TO QUASH RESPONDENT'S ANSWER BRIEF AS UNTIMELY
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2023-05-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
PAC CROSSTOWN WALK, LLC
|
|
| Docket Date |
2023-03-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2023-03-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2023-03-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TOMPKINS - 311 PAGES - REDACTED
|
|
| Docket Date |
2023-01-27
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Petitioner's emergency motion to review the trial court’s order denying stay isgranted only to the extent that this court has reviewed the order. We approve the trialcourt's order denying stay. The provisional stay placed on the writ of possession ishereby lifted.
|
|
| Docket Date |
2023-01-26
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ SUR REPLY TO APPELLEES RESPONSE
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2023-01-24
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellant’s “Emergency Motion” filed January 19, 2023, is granted to the extentthat a provisional stay of the writ of possession is entered pending this court’s resolutionof Appellant's emergency motion to stay, filed January 18, 2023.
|
|
| Docket Date |
2023-01-19
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2023-01-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellees shall serve a response to Appellants' motion to review the denial ofstay within 10 days from the date of this order.
|
|
| Docket Date |
2023-01-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2023-01-17
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY ~ DETERMINATION OF CIVIL INDIGENT STATUS WORKSHEET
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-01-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2023-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2023-01-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
ERIC ZAUSNER AND ROBERT ZAUSNER VS PAC CROSSTOWN WALK, LLC, ET AL.
|
2D2022-3074
|
2022-09-16
|
Closed
|
|
| Classification |
NOA Non Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
22-CC-008378
|
Parties
| Name |
ERIC ZAUSNER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ROBERT ZAUSNER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PAC CROSSTOWN WALK, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHARLES V. BARRETT, IV, ESQ., CHARLES V. BARRETT, I I I, ESQ.
|
|
| Name |
CROSSTOWN WALK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOSEPH MICHAEL TOMPKINS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ EMERGENCY MOTION TO STAY WRIT OF POSSESSION ISSUED IN VIOLATION OF FLORIDA STATUE 93.10(F)
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-11-02
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-10-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-GRANT MOTION FOR REVIEW
|
|
| Docket Date |
2022-10-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ VILLANTI, LUCAS, and SMITH
|
|
| Docket Date |
2022-10-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-10-07
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-10-04
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ Reply to the Court Re: status update
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2022-10-04
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ APPELLEE'S EMERGENCY RESPONSE TO COURT STATUS ORDER OF SEPTEMBER 30, 2022, AND MOTION FOR LEAVE TO ENTER FINAL JUDGMENT AND AFFIRM DENIAL OF STAY
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellants filed an "Emergency Motion to Stay Writ of Possession" and an"Emergency Motion to Stay Writ of Possession Issued in Violation of Statute 93.10(F),"which are treated as motions to review the trial court's order denying stay. See Fla. R.App. P. 9.310(a), (f). It appears that subsequent to appellants' filing these motions, thetrial court may have entered an order granting a stay of the writ of possession. Within 5days of this order, appellants shall file a status report indicating whether the trial courthas entered an order granting a stay and attaching a copy of any such order. If the trialcourt has entered a stay, appellants shall show cause why the motions for reviewshould not be denied as moot.
|
|
| Docket Date |
2022-09-21
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC nonfinal, nonappealable civil ~ Appellant shall show cause within fifteen days why this appeal should not be dismissed as from a nonfinal, nonappealable order.
|
|
| Docket Date |
2022-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-09-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-09-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FF:Unknown
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/INSOLVENCY ORDER FOR ERIC ZAUSNER
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-10-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ Appellants' "Emergency Motion to stay writ of possession," filed September 21,2022, is treated as a motion to review the trial court's order denying "Defendant'sEmergency Motion to Stay Pending Appeal (filed September 12, 2022)." The motion isgranted to the extent that this court has reviewed the trial court's order and approves it.Appellants' "Emergency Motion to Stay Writ of Possession Issued in Violation ofFlorida Statue 93.10(F)," filed September 22, 2022, is treated as a motion to review thetrial court's order on "Defendant's Emergency Motion to Stay Writ of Possession (filedon September 22)." The motion is granted to the extent that this court has reviewed thetrial court's order and approves it."Appellee's Emergency Response to Court Status Order of September 30, 2022,and Motion for Leave to Enter Final Judgment and Affirm Denial of Stay" is treated inpart as a response to appellants' motions to review the trial court's orders on theirmotions to stay, in part as a motion to dismiss, and in part as a motion to relinquishjurisdiction under Florida Rule of Appellate Procedure 9.130(f) for the trial court to entera final judgment. The motion to relinquish jurisdiction is denied without prejudice toappellee's seeking such relief in the nonfinal appeal pending in 2D22-2593. The motionto dismiss is granted to the extent that this appeal is dismissed as an appeal from anonfinal, nonappealable order in accordance with this court's order to show cause.
|
|
|
|
ERIC ZAUSNER AND ROBERT ZAUSNER VS PAC CROSSTOWN WALK, LLC, ET AL.
|
2D2022-2593
|
2022-08-12
|
Closed
|
|
| Classification |
NOA Non Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
22-CC-8378
|
Parties
| Name |
ERIC ZAUSNER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ROBERT ZAUSNER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CROSSTOWN WALK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PAC CROSSTOWN WALK, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHARLES V. BARRETT, I I I, ESQ., CHARLES V. BARRETT, IV, ESQ.
|
|
| Name |
HON. LISA ALLEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. JOSEPH MICHAEL TOMPKINS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees-69c ~ Appellee's motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2023-01-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR APPELLATE ATTORNEY FEES
|
| On Behalf Of |
PAC CROSSTOWN WALK, LLC
|
|
| Docket Date |
2023-01-23
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-01-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-GRANTING APLEE'S MOTION TO DISMISS ~ Upon consideration of the statements in appellee's status report and the orderattached thereto, the relinquishment period has concluded, and this matter shallproceed.Appellee's motion to dismiss the appeal as moot is granted, and this appeal isdismissed.Appellee's motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2023-01-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ CASANUEVA, SLEET, and LABRIT
|
|
| Docket Date |
2022-11-23
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ APPELLEE'S RESPONSE TO COURT ORDERED STATUS REPORT AND RENEWEDEMERGENCY MOTION TO DISMISS APPEAL AS MOOT
|
| On Behalf Of |
PAC CROSSTOWN WALK, LLC
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee's motion to dismiss the appeal as moot is denied as the trial court lacked jurisdiction to enter the order vacating the order on appeal while this appeal was pending. See Johnson v. Circuit Court, Eighteenth Judicial Circuit, 686 So. 2d 723 (Fla. 5th DCA 1997). Appellee's motion to relinquish jurisdiction is granted to the extent that jurisdiction is relinquished for 45 days for the trial court to consider vacating the order on appeal in accordance with its ruling in the August 16, 2022, order. Appellee shall file in this court a status report within 45 days of the present order. A party who is aggrieved by any order entered by the trial court must file a notice of appeal within 30 days of its rendition. See Fla. R. App. P. 9.110(b); 9.130(b). This order is without prejudice to appellee's again filing a motion to dismiss if the trial court enters an order vacating the order on appeal. Appellee's motion to deny appellant's motion for oral argument remains pending. This matter is stayed during the relinquishment period.
|
|
| Docket Date |
2022-10-26
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ APPELLEE'S EMERGENCY TO DENY DEFENDANT'S MOTION FOR ORALARGUMENT, TO DISMISS APPEAL AS MOOT, AND MOTION TO RELEASEJURISDICTION PURSUANT TO RULE 9.130(f)
|
| On Behalf Of |
PAC CROSSTOWN WALK, LLC
|
|
| Docket Date |
2022-10-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ REPLY TO RESPONDENT'S MOTION TO DISMISS
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-10-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-10-04
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ APPELLEE'S EMERGENCY RESPONSE TO COURT STATUS ORDER OFSEPTEMBER 30, 2022, AND MOTION FOR LEAVE TO ENTER FINAL JUDGMENTAND AFFIRM DENIAL OF STAY **HAS BEEN DOCKETED 22-3074 **
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ Emergency Motion to stay writ of possession - HAS BEEN DOCKETED 22-3074
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-08-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-GRANT MOTION FOR REVIEW ~ "Defendants Emergency Motion to Stay Pending Appeals," treated as a motion toreview the trial court's order denying stay, is granted only to the extent that this courthas reviewed the trial court's order denying stay. The trial court's order is approved.
|
|
| Docket Date |
2022-08-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO DEFENDANT'S EMERGENCY MOTION TO STAY PENDING APPEAL
|
| On Behalf Of |
PAC CROSSTOWN WALK, LLC
|
|
| Docket Date |
2022-08-17
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2022-08-16
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ not certified
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-08-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ A nonlawyer may not represent another. Within fifteen days from the date of this order, Robert Zausner shall file a signed copy of the notice of appeal with the clerk of the lower tribunal, and a copy to this court, or the case will be subject to dismissal as to him without further notice.
|
|
| Docket Date |
2022-08-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-08-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER AND ORDER OF INSOLVENCY
|
| On Behalf Of |
ERIC ZAUSNER
|
|
| Docket Date |
2022-08-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-08-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellant's pleading titled "Defendants Emergency Motion to Stay PendingAppeals" is treated as a motion to review the trial court's order denying stay. See Fla.R. App. P. 9.310(a), (f). Appellee shall serve a response to the motion within 10 daysfrom the date of this order.
|
|
| Docket Date |
2022-08-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay
|
| On Behalf Of |
ERIC ZAUSNER
|
|
|
