|
ZOKAITES PROPERTIES, LP, Petitioner(s) v. TALAVERA ASSOCIATION, INC., Respondent(s).
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4D2024-2916
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2024-11-14
|
Open
|
|
| Classification |
Original Proceedings - County Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC009447
|
Parties
| Name |
Zokaites Properties, LP
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Jeffrey Siskind
|
|
| Name |
TALAVERA ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Ryan Michael Aboud
|
|
| Name |
Hon. Sara Alijewicz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-11-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-11-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
|
| Docket Date |
2024-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-11-14
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-11-14
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
| Docket Date |
2024-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Talavera Association, Inc.
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ZOKAITES PROPERTIES, LP, Appellant(s) v. TALAVERA ASSOCIATION, INC., Appellee(s).
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4D2023-2812
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2023-11-22
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Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC009447
|
Parties
| Name |
Zokaites Properties, LP
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Siskind
|
|
| Name |
TALAVERA ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ryan Aboud
|
|
| Name |
Hon. Sara Alijewicz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the February 9, 2024 notice of voluntary dismissal, this case is dismissed. Further, ORDERED that the appellee's November 27, 2023 motion for attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting 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.
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| View |
View File
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| Docket Date |
2024-02-09
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| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
|
| Docket Date |
2024-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2024-01-24
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Transmit Record on Appeal
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellee's Motion to Dismiss
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2023-12-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellant is directed to respond, within ten (10) days from the date of this order, to Appellee's November 27, 2023 motion to dismiss.
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| View |
View File
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|
| Docket Date |
2023-11-28
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Zokaites Properties, LP
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| View |
View File
|
|
| Docket Date |
2023-11-28
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Talavera Association, Inc.
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|
| Docket Date |
2023-11-28
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| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-11-28
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss
|
| On Behalf Of |
Talavera Association, Inc.
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|
| Docket Date |
2023-11-27
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-11-22
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-11-22
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
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| View |
View File
|
|
| Docket Date |
2023-11-22
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-02-02
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| Type |
Order
|
| Subtype |
Order for Party to File Status Report on Record
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| Description |
Upon consideration of the notice of inability to complete the record filed by the clerk of the lower tribunal on January 24, 2024, it is ORDERED that Appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
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| View |
View File
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| Docket Date |
2024-01-17
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| Type |
Order
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| Subtype |
Order on Motion To Dismiss
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| Description |
ORDERED that, upon consideration of appellant's January 2, 2024 response, appellee's November 27, 2023 motion to dismiss is denied. See Great American Ins. Co. v. Stolte, Inc., 491 So. 2d 352 (Fla. 4th DCA 1986).
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| View |
View File
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ZOKAITES PROPERTIES, LP VS TALAVERA ASSOCIATION, INC.
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4D2023-1330
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2023-05-31
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Closed
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|
| Classification |
NOA Final - County Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC009447
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Parties
| Name |
Zokaites Properties, LP
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Marc Siskind
|
|
| Name |
TALAVERA ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ryan Aboud
|
|
| Name |
Hon. Sara Alijewicz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-17
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| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-07-10
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S JURISDICTIONAL STATEMENT
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| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-07-10
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees ~ *AND* COSTS
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| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-07-05
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| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2023-06-27
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
Grant Extension of Time ~ ORDERED that appellant’s June 26, 2023 motion for extension of time is granted, and appellant shall file the jurisdictional brief within five (5) days from the date of this order.
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| Docket Date |
2023-06-26
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Zokaites Properties, LP
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|
| Docket Date |
2023-06-16
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
Grant Extension of Time ~ ORDERED that appellant’s June 15, 2023 motion for extension of time is granted, and appellant shall file the jurisdictional brief within ten (10) days from the date of this order.
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| Docket Date |
2023-06-15
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Zokaites Properties, LP
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|
| Docket Date |
2023-06-06
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-06-01
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| 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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|
| Docket Date |
2023-06-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2023-06-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2023-05-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-08-09
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| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellee’s July 10, 2023 motion for attorney’s fees is denied. See Rosenblatt v. Heritage Bank of Fla., GRP, LLC, 71 So. 3d 125 (Fla. 2d DCA 2011) (denying motion for appellate attorney’s fees in an appeal from a nonfinal, nonappealable order which was dismissed sua sponte as premature); see also REC Ctrs., Inc. v. Shaughnessy, 407 So. 2d 971 (Fla. 4th DCA 1981) (“The lessors also contend that the final judgment improperly requires the lessors to pay attorneys fees without any statutory or contractual authority for such an award against the lessors. This issue is not ripe for review by this court. The final judgment explicitly reserves jurisdiction to determine at a later time the source and amount of attorneys fees. We, therefore, cannot consider this question until the trial court enters a ruling.”).
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|
| Docket Date |
2023-07-17
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| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 166 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-07-17
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| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s July 5, 2023 jurisdictional brief and appellee’s July 10, 2023 response, this appeal is dismissed for lack of jurisdiction. See S.-Owners Ins. Co. v. Logsdon, 75 So. 3d 1270, 1270 (Fla. 4th DCA 2011) (dismissing portion of appeal regarding award of attorney’s fees as order granting entitlement to fees is not appealable); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994) (holding that Rule 9.130(a)(3)(C)(iv) does not authorize an appeal of a post-judgment order determining entitlement to attorney’s fees without determining the amount).MAY, CIKLIN and ARTAU, JJ., concur.
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| Docket Date |
2023-06-05
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| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
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| 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 May 23, 2023 order is a final or nonfinal appealable order as it grants entitlement to attorney's fees but does not determine the amount of the fees. See S.-Owners Ins. Co. v. Logsdon, 75 So. 3d 1270, 1270 (Fla. 4th DCA 2011) (dismissing portion of appeal regarding award of attorney’s fees as order granting entitlement to fees is not appealable); see also Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994) (Rule 9.130(a)(3)(C)(iv) does not authorize an appeal of a post-judgment order determining entitlement to attorney’s fees without determining the amount). Further, Appellee may file a response within ten (10) days of service of that statement.
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ZOKAITES PROPERTIES, LP, Appellant(s) v. TALAVERA ASSOCIATION, INC., Appellee(s)
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4D2023-0063
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2023-01-06
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Closed
|
|
| Classification |
NOA Final - County Civil - Other
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| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC009447
|
Parties
| Name |
Zokaites Properties, LP
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Marc Siskind
|
|
| Name |
TALAVERA ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ryan Aboud, Keith Frank Backer
|
|
| Name |
Hon. Sara Alijewicz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
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| View |
View File
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| Docket Date |
2023-04-24
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| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's April 24, 2023 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
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| Docket Date |
2023-01-06
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| 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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| Docket Date |
2023-04-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2024-02-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-10-13
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Reply Brief
|
| On Behalf Of |
Zokaites Properties, LP
|
| View |
View File
|
|
| Docket Date |
2023-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Order on Motion To Strike
|
| View |
View File
|
|
| Docket Date |
2023-09-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Amend.
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-09-11
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion to Amend Brief
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2023-09-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
|
| Docket Date |
2023-09-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2023-08-31
|
| 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 appellant's August 30, 2023 motion for extension of time is granted, and appellant shall serve the reply brief within two (2) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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|
| Docket Date |
2023-08-30
|
| 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 |
Zokaites Properties, LP
|
|
| Docket Date |
2023-08-15
|
| 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 appellant's August 7, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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|
| Docket Date |
2023-08-07
|
| 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 |
Zokaites Properties, LP
|
|
| Docket Date |
2023-07-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-07-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-07-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-07-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 5 DAYS TO 7/8/23.
|
|
| Docket Date |
2023-06-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 7/3/23.
|
|
| Docket Date |
2023-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-05-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/23/23.
|
|
| Docket Date |
2023-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee’s March 23, 2023 motion to dismiss is denied. Further,ORDERED that appellant’s request, located in its response to the motion to dismiss, to accept the initial brief as timely filed is granted.
|
|
| Docket Date |
2023-04-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2023-04-14
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee’s March 23, 2023 motion to dismiss.
|
|
| Docket Date |
2023-04-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellee's March 23, 2023 response, it is ORDERED that appellant's March 17, 2023 motion to stay is treated as a motion for review and is denied.
|
|
| Docket Date |
2023-03-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-03-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-03-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-03-17
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2023-03-17
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant’s March 17, 2023 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2023-02-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (139 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2023-01-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2023-01-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-01-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Zokaites Properties, LP
|
|
|
|
ZOKAITES PROPERTIES, LP VS TALAVERA ASSOCIATION, INC.
|
SC2022-1336
|
2022-10-11
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC009447XXXXWB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D21-3203
|
Parties
| Name |
Zokaites Properties, LP
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
JEFFREY MARC SISKIND
|
|
| Name |
TALAVERA ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Ryan M. Aboud, KEITH FRANK BACKER
|
|
| Name |
Hon. Sara Alijewicz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Joseph Abruzzo
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-11
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
|
| View |
View File
|
|
| Docket Date |
2022-10-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:Case Dismissed
|
|
| Docket Date |
2022-10-11
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Zokaites Properties, LP
|
| View |
View File
|
|
|
|
ZOKAITES PROPERTIES, LP VS TALAVERA ASSOCIATION, INC.
|
4D2021-3203
|
2021-11-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC009447
|
Parties
| Name |
Zokaites Properties, LP
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Jeffrey Marc Siskind
|
|
| Name |
TALAVERA ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Keith F Backer, Ryan Aboud
|
|
| Name |
Hon. Sara Alijewicz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2022-08-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ MOTION FOR REHEARING, FOR CLARIFICATION, FOR EN BANC REHEARING AND REQUESTING ORAL ARGUMENT
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s December 1, 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 Ryan M. Aboud is denied without prejudice to seek costs in the trial court.MAY and CIKLIN, JJ., concur.WARNER, J., dissents.
|
|
| Docket Date |
2022-07-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2022-06-29
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that, upon consideration of the parties’ May 17, 2022 motions for rehearing, this court’s May 3, 2022 order is vacated. The case will proceed to a decision on the merits, and appellee’s December 1, 2021 motion for attorney’s fees remains pending until further order of this court.
|
|
| Docket Date |
2022-10-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2022-10-12
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC22-1336
|
|
| Docket Date |
2022-10-10
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2022-10-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-09-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-09-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's August 11, 2022 motion for rehearing, rehearing en banc, clarification, and oral argument is denied.WARNER, MAY and CIKLIN, JJ., concur.WARNER, J., specially concurring.I concur in the denial of the motion for rehearing, as the appellant has raised nothing new to change the mind of the majority. As to the appellant’s motion for rehearing, I point him to my dissenting opinion in J.S. v. Department of Children and Families, 336 So. 3d 42 (Fla. 4th DCA 2022). My dissent is not “his dissent” but “her dissent.” I have said several times, use of personal pronouns to refer to judges (or doctors or any occupation) should not be used unless the attorney knows with certainty which is the accurate pronoun for that professional. “He” is not the universal pronoun.
|
|
| Docket Date |
2022-05-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ OF SUA SPONTE DISMISSAL
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2022-05-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-03-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2022-02-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2022-02-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2022-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's January 24, 2022 motion to dismiss is denied. Further, ORDERED that appellant's January 24, 2022 initial brief is deemed timely filed and accepted.
|
|
| Docket Date |
2022-01-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S SECOND MOTION TO DISMISS
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2022-01-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's January 24, 2022 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-01-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2022-01-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2022-01-12
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 65 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-12-28
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ NOTICE OF OBJECTION TO CONSOLIDATION
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2021-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that, upon consideration of the appellant’s December 10, 2021 response, appellee’s December 1, 2021 motion to dismiss is denied.
|
|
| Docket Date |
2021-12-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2021-12-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2021-12-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **SEE 06/29/2022 ORDER** AND COSTS
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2021-11-23
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ CIVIL COVER SHEET
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-11-12
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Writ Treated as NOA ~ ORDERED that this Court determines that the petition filed November 9, 2021 is untimely as to the September 15, 2021 order for which review is sought. The petition, however, timely seeks review of the October 15, 2021 order that dismisses the underlying complaint with prejudice. The Petition is treated as a notice of appeal from the October 15, 2021 final order, and this case shall proceed as a final appeal under Florida Rule of Appellate Procedure 9.110. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(2) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly. Further,ORDERED that the amended petition filed November 10, 2021 is stricken. This Court has treated the petition filed November 9, 2021 as a notice of appeal from a final order.
|
|
| Docket Date |
2021-11-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2021-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Talavera Association, Inc.
|
|
| Docket Date |
2021-11-10
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **STRICKEN, SEE 11/12/2021 ORDER** AMENDED
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2021-11-10
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that petitioner's November 9, 2021 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2021-11-10
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **STRICKEN** AMENDED
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2021-11-09
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
|
| Docket Date |
2021-11-09
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2021-11-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-09
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Zokaites Properties, LP
|
|
| Docket Date |
2022-05-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ **VACATED, SEE 06/29/2022 ORDER** As it is apparent from the record before us that the matter in controversy has been so fully resolved that a judicial determination can have no actual effect, this case is dismissed. See Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992) ("A case is 'moot' when it presents no actual controversy or when the issues have ceased to exist."); DeHoff v. Imeson, 153 Fla. 553, 15 So. 2d 258 (1943). Further,ORDERED that appellee's December 1, 2021 motion for attorney's fees and costs is denied.WARNER, MAY and CIKLIN, JJ., concur.
|
|
|
