|
Boca View Condominium Association, Inc., Petitioner(s) v. Eleanor Lepselter, et al., Respondent(s)
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SC2024-1404
|
2024-09-30
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2023-1806;
|
Parties
| Name |
BOCA VIEW CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Scott James Edwards
|
|
| Name |
Eleanor Lepselter
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Christopher Scott Salivar
|
|
| Name |
Edward Lepselter
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Carolyn Ruth Bell
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-09
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-10-14
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
Respondents' Brief on Jurisdiction
|
| On Behalf Of |
Eleanor Lepselter
|
| View |
View File
|
|
| Docket Date |
2024-09-30
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
Acknowledgment Letter-New Case-Pay Fee
|
| View |
View File
|
|
| Docket Date |
2024-09-30
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-11-27
|
| Type |
Disposition (SC)
|
| Subtype |
Rev DY Lack Juris
|
| Description |
This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.
No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
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| View |
View File
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|
| Docket Date |
2024-10-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-10-08
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
Petitioner's Jurisdictional Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
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| View |
View File
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|
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BOCA VIEW CONDOMINIUM ASSOCIATION, INC., Petitioner(s) v. ELEANOR LEPSELTER and EDWARD LEPSELTER, Respondent(s).
|
4D2023-3031
|
2023-12-15
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA000251
|
Parties
| Name |
BOCA VIEW CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Scott James Edwards, John Reid Sheppard, Jr.
|
|
| Name |
Eleanor Lepselter
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Andrew Mitchell Schwartz, Christopher Salivar
|
|
| Name |
Edward Lepselter
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Carolyn Ruth Bell
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-03
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-01-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees **Response filed 01/03/24.**
|
|
| Docket Date |
2023-12-26
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-12-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Respondents' Response to Petitioner's Petition for Writ of Certiorari
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-12-22
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORDERED that Respondents shall file a response, within five (5) days from the date of this order, and show cause why the petition should not be granted. Petitioner may file a reply within five (5) days of service of the response.
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| View |
View File
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| Docket Date |
2023-12-20
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Petitioner's Motion to Stay
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-12-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
|
| Docket Date |
2023-12-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2023-12-15
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2023-12-15
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
| Docket Date |
2023-12-15
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2023-12-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-01-16
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
ORDERED that, having considered the response and reply to this Court's order to show cause, the petition for writ of certiorari is denied. Further, ORDERED that Petitioner's December 15, 2023 motion for immediate expedited stay is denied as moot. Further, ORDERED that Petitioner's January 2, 2024 motion for attorney's fees is denied. Further, ORDERED that Respondents' January 2, 2024 motion for attorney's fees is granted conditioned on the trial court determining that Respondents are 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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BOCA VIEW CONDOMINIUM ASSOCIATION, INC., Appellant(s) v. ELEANOR LEPSELTER and EDWARD LEPSELTER, Appellee(s).
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4D2023-1806
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2023-07-26
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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
502020CA000251
|
Parties
| Name |
BOCA VIEW CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott James Edwards
|
|
| Name |
Edward Lepselter
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carolyn Bell
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Eleanor Lepselter
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christopher S. Salivar, John Reid Sheppard, Jr., Andrew Mitchell Schwartz
|
|
Docket Entries
| Docket Date |
2024-11-27
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2024-1404 Supreme Court Order
|
|
| Docket Date |
2024-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay Issuance of Mandate
|
| Description |
ORDERED that Appellant's September 26, 2024 motion to stay issuance of mandate is granted.
|
| View |
View File
|
|
| Docket Date |
2024-10-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellees' Response to Appellant's Motion for Stay of Issuance of Mandate
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2024-09-30
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
SC2024-1404 Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2024-09-26
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-09-26
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| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2024-09-26
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate
|
|
| Docket Date |
2024-09-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
ORDERED that Appellant's August 15, 2024 motion for rehearing, rehearing en banc, and certification is denied.
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| View |
View File
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|
| Docket Date |
2024-09-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellees' Response to Appellant's Motion for Rehearing, Rehearing en Banc and Certification of Conflict
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2024-08-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing, Rehearing En Banc and Certification of Conflict
|
|
| Docket Date |
2024-07-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part
|
| View |
View File
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|
| Docket Date |
2024-04-29
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| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2024-03-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellant's February 19, 2024 motion for extension of time is granted, and Appellant shall serve the reply brief on or before March 15, 2024. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| View |
View File
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|
| Docket Date |
2024-02-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-02-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellees' Motion For Attorney's Fees
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2024-01-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
**Response filed 2/2/24**
|
|
| Docket Date |
2024-01-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Eleanor Lepselter
|
| View |
View File
|
|
| Docket Date |
2023-12-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
20 Days to 01/19/2024
|
|
| Docket Date |
2023-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's November 16, 2023 motion for extension of time is denied as moot in light of Appellant filing the initial brief on November 29, 2023.
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| View |
View File
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|
| Docket Date |
2023-11-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-11-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2023-10-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
14 Days to 11/16/2023
|
|
| Docket Date |
2023-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-09-26
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 DAYS TO 11/02/2023
|
|
| Docket Date |
2023-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| View |
View File
|
|
| Docket Date |
2023-09-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,356 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Primary E-Mail Address
|
| On Behalf Of |
Eleanor Lepselter
|
| View |
View File
|
|
| Docket Date |
2023-08-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that Andrew M. Schwartz's August 29, 2023 amended notice of email designation 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) and as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). An amended document in compliance with the Rules shall be filed within two (2) days from the date of this order.
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| View |
View File
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| Docket Date |
2023-08-29
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Primary E-Mail Address ~ **STRICKEN** AMENDED
|
| On Behalf Of |
Eleanor Lepselter
|
| View |
View File
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|
| Docket Date |
2023-07-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-07-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-07-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-07-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2025-01-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2025-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion to Lift Stay and for Issuance of Mandate
|
| View |
View File
|
|
| Docket Date |
2024-12-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion to Lift Stay and for Issuance of Mandate
|
|
| Docket Date |
2024-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellees' January 18, 2024 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 Appellant's March 15, 2024 motion for attorney's fees is denied.
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| View |
View File
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|
| Docket Date |
2023-07-27
|
| 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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| View |
View File
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BOCA VIEW CONDOMINIUM ASSOCIATION, INC., Appellant(s) v. ELEANOR LEPSELTER and EDWARD LEPSELTER, Appellee(s)
|
4D2023-0257
|
2023-01-26
|
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
502020CA000251
|
Parties
| Name |
BOCA VIEW CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Reid Sheppard, Jr., Scott James Edwards
|
|
| Name |
Edward Lepselter
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Eleanor Lepselter
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Andrew Mitchell Schwartz, Christopher S. Salivar
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Carolyn Ruth Bell
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-04-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2024-04-26
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion for Rehearing of Attorney's Fees Order
|
|
| Docket Date |
2024-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-04-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-12-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Upon consideration of appellee's November 30, 2023 response, it is ORDERED that appellant's October 27, 2023 motion to strike is granted. The October 12, 2023 notice of supplemental authority and material contained therein are stricken from the docket. Further, ORDERED that, upon consideration of appellant's October 27, 2023 response, appellee's October 12, 2023 motion to supplement answer brief is denied. See Thornber v. City of Fort Walton Beach, 534 So. 2d 754, 755 (Fla. 1st DCA 1988).
|
| View |
View File
|
|
| Docket Date |
2023-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion to Strike
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-11-17
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Appellee to File Response
|
| View |
View File
|
|
| Docket Date |
2023-10-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
|
| Docket Date |
2023-10-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-10-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority and Motion to Supplement Answer Brief
|
|
| Docket Date |
2023-10-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellees' Motion for Sanctions
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-09-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
9 DAYS TO 10/13/2023.
|
|
| Docket Date |
2023-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-09-20
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for Sanctions (Response filed 10/4/23).
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-09-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-09-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-09-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-08-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF EMAIL DESIGNATION
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-08-31
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ August 31, 2023 notice is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-08-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ August 29, 2023 notice is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). The notice is also stricken for not being 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). An amended document in compliance with the rules shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-08-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' August 23, 2023 amended motion is granted in part as to the extension request, and appellees shall serve the answer brief within twenty (20) days from the date of this order. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal. The motion is denied in part as to the request for leave to file an enlarged brief.
|
|
| Docket Date |
2023-08-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN**
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-08-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AND FOR LEAVE TO FILE ANSWER BRIEF EXCEEDING 13,000 WORDS **AMENDED**
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-08-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ **AMENDED MOTION FILED** AND FOR LEAVETO FILE ANSWER BRIEF EXCEEDING 13,000 WORDS
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-07-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellees' July 10, 2023 response, it is ORDERED that appellant's July 6, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within seven (7) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above–styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-07-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EOT. AMENDED.
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-07-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ July 10, 2023 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). It is also 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). An amended document in compliance with these Rules shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-07-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-05-25
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the May 23, 2023 motion of Esther Galicia, Esq., co-counsel for appellant, to withdraw as co-counsel is granted.
|
|
| Docket Date |
2023-05-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 days to July 12, 2023
|
|
| Docket Date |
2023-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-05-23
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ AS APPELLATE CO-COUNSEL
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant's April 21, 2023 response, it is ORDERED that appellees' March 30, 2023 motion to dismiss is denied without prejudice.
|
|
| Docket Date |
2023-04-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-04-21
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's April 14, 2023 motion for extension of time is granted, and the time for filing a response to the motion to dismiss is extended seven (7) days from the current due date.
|
|
| Docket Date |
2023-04-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-04-06
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 716 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Rehearing Interim Order ~ ORDERED that appellant’s March 28, 2023 motion for rehearing on order denying motion for review of stay order is denied.
|
|
| Docket Date |
2023-04-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TOTRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-03-30
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-03-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-03-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-03-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellees' February 24, 2023 response and March 3, 3023 supplemental response, it is ORDERED that appellant's February 21, 2023 motion for review is denied. Further, upon consideration of appellant's March 7, 2023 response, it is ORDERED that appellees' February 13, 2023 motion to dismiss is denied without prejudice to raising the issues discussed therein via responsive briefing.
|
|
| Docket Date |
2023-03-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellees’ March 7, 2023 reply to response is stricken as unauthorized.
|
|
| Docket Date |
2023-03-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's March 6, 2023 responses are 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).
|
|
| Docket Date |
2023-03-07
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN**
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-03-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-03-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN**
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-03-06
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-03-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO SUPPLEMENTAL RESPONSE.
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-03-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ SUPPLEMENTAL.
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's February 22, 2023 motions for extension are granted, and the time for filing a response to appellees’ motions is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2023-02-24
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-02-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-02-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLEES' MOTION TO DISMISS
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-02-22
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant's February 21, 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 |
2023-02-21
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ EMERGENCY
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-02-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-02-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-02-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 3/7/23**
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-02-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2023-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-01-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2023-01-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-01-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-01-26
|
| 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.
|
|
|
|
BOCA VIEW CONDOMINIUM ASSOCIATION, INC. VS ELEANOR LEPSELTER, EDWARD LEPSELTER, DGANIT SHEFET and DAVID SHEFET
|
4D2022-2420
|
2022-09-01
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA000251XXXXMB
|
Parties
| Name |
BOCA VIEW CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Adam Cervera, John R. Sheppard
|
|
| Name |
Edward Lepselter
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Eleanor Lepselter
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Andrew M. Schwartz, Kenneth E. Zeilberger, Christopher S. Salivar
|
|
| Name |
Dganit Shefet
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
David Shefet
|
| Role |
Respondent
|
| 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 |
2022-09-23
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2022-10-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that petitioner's September 19, 2022 motion for rehearing is denied. Further,ORDERED that petitioner’s September 23, 2022 motion for review is denied.
|
|
| Docket Date |
2022-10-10
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's October 10, 2022 order is vacated as issued in error.
|
|
| Docket Date |
2022-10-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ SUGGESTION OF MOOTNESS
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the request for emergency treatment is denied. This filing is an abuse of emergency filing procedures as set forth in this Court's Administrative Order 2014-1. Petitioner's counsel - John R. Sheppard, Esq - is cautioned that any further abuse of emergency filing procedures will result in sanctions.
|
|
| Docket Date |
2022-09-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2022-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that respondents’ September 12, 2022 motion for attorney's fees is denied.
|
|
| Docket Date |
2022-09-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2022-09-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that respondents’ September 9, 2022 motion for attorney’s fees 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 |
2022-09-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AMENDED
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2022-09-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed as untimely. Fla. R. App. P. 9.100(c). Petitioner seeks review of a discovery order rendered June 29, 2022. The petition was filed on September 1, 2022 - outside the 30-day jurisdictional time limit for seeking review. Id. Petitioner’s unauthorized motion for reconsideration of the nonfinal order did not toll rendition. Caufield v. Cantele, 837 So. 2d 371, 377 n.3 (Fla. 2002).DAMOORGIAN, GERBER and ARTAU, JJ., concur.
|
|
| Docket Date |
2022-09-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-09-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **STRICKEN**
|
| On Behalf Of |
Eleanor Lepselter
|
|
| Docket Date |
2022-09-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2022-09-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-01
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ FILING FEE PAID ELECTRONICALLY
|
|
| Docket Date |
2022-09-01
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
|
|
|
BOCA VIEW CONDOMINIUM ASSOCIATION, INC. VS EILEEN BREITKREUTZ, et al.
|
4D2020-1095
|
2020-05-04
|
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
502017CA007482
|
Parties
| Name |
BOCA VIEW CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JoAnn Nesta Burnett, Lilliana M. Farinas-Sabogal, Robert I. Rubin
|
|
| Name |
David Shefet
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Dganit Shefet
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Eileen Breitkreutz
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel A. Miller, Jonathan Andrew Yellin, Christopher S. Salivar, Jeremy E. Slusher, Heather Beale, Andrew M. Schwartz
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion to vacate
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| 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 |
Deny Attorney's Fees ~ ORDERED that the appellant's March 12, 2021 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2021-10-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-04-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ ***MOTION GRANTED***
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2021-04-15
|
| Type |
Order
|
| Subtype |
Order on Motion To File Enlarged Brief
|
| Description |
Order Authorizing Longer Brief ~ ORDERED that appellant's March 12, 2021 motion to file enlarged brief is granted, and appellant's reply brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-03-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2021-03-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 03/19/2021)
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2021-03-12
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2021-02-12
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's January 26, 2021 order is vacated, and appellant shall file the reply brief based on the date the answer brief was accepted and pursuant to the relevant Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2021-02-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ***MOTION GRANTED***
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2021-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion To File Enlarged Brief
|
| Description |
Order Authorizing Longer Brief ~ Upon consideration of appellant's January 29, 2021 response, it isORDERED that appellees' December 30, 2020 motion to file enlarged brief is granted, and appellees' answer brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-02-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2021-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR LEAVE TO FILE ENLARGED BRIEF
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2021-01-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ***VACATED 2/12/21***ORDERED that appellant's January 19, 2021 motion for extension of time is granted in part. 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.
|
|
| Docket Date |
2021-01-19
|
| 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 |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2021-01-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's January 14, 2021 motion for extension of time is granted, and the time for filing a response to appellees’ December 30, 2020 motion to file enlarged brief is extended to and including January 29, 2021.
|
|
| Docket Date |
2021-01-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-12-30
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2020-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' (David Shefet and Dganit Shefet) December 28, 2020 motion for extension of time is granted, and appellees shall serve the answer brief on or before December 30, 2020. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2020-12-18
|
| 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 |
Eileen Breitkreutz
|
|
| Docket Date |
2020-12-16
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 16, 2020 order is amended as follows:ORDERED that appellee's December 8, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before December 22, 2020. 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 |
2020-12-08
|
| 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 |
Eileen Breitkreutz
|
|
| Docket Date |
2020-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ Upon consideration of the appellant’s November 25, 2020 response, it is ORDERED that appellees’ November 6, 2020 motion to strike is denied without prejudice to raising the arguments contained in the motion in the answer brief.
|
|
| Docket Date |
2020-11-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-11-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's November 23, 2020 motion for extension of time is granted, and the time for filing a response to the motion to strike is extended to and including November 25, 2020.
|
|
| Docket Date |
2020-11-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-11-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2020-10-14
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ ***MOTION GRANTED 10/14/20
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-10-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's October 13, 2020 motion to serve an amended initial brief is granted. Said amended brief deemed filed as of the date of this order.
|
|
| Docket Date |
2020-10-13
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-10-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-10-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-09-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 29, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 9, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-09-29
|
| 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 |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 9, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before September 29, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-09-09
|
| 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 |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-08-13
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 243 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s July 2, 2020 response, it is ORDERED that appellees’ June 2, 2020 motion to dismiss is denied.
|
|
| Docket Date |
2020-07-02
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-07-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's June 17, 2020 motion for extension of time is granted, and the time for filing a response is extended to and including July 2, 2020.
|
|
| Docket Date |
2020-06-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ **AMENDED**
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-06-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ IN MOTION TO DISMISS APPEAL
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2020-06-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION DISMISS
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2020-06-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2020-05-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-05-05
|
| 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 |
2020-05-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-05-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
EILEEN BREITKREUTZ VS BOCA VIEW CONDOMINIUM ASSOCIATION, INC.
|
4D2019-1004
|
2019-04-08
|
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
502017CA007482XXX
|
Parties
| Name |
Eileen Breitkreutz
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan Andrew Yellin, Keith F Backer
|
|
| Name |
BOCA VIEW CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lilliana M. Farinas-Sabogal, Robert I. Rubin
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-04-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-03-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant’s December 31, 2019 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2020-03-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-01-27
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-01-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee's January 15, 2020 motion for extension of time is granted, and the time for filing a response to appellant’s motion for attorney’s fees is extended five (5) days from the date of this order.
|
|
| Docket Date |
2020-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-01-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2020-01-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2020-01-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2019-12-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2019-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2019-12-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 01/02/2020
|
|
| Docket Date |
2019-12-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2019-11-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2019-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2019-10-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 11/15/19
|
|
| Docket Date |
2019-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2019-09-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 10/30/2019
|
|
| Docket Date |
2019-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2019-08-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2019-07-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2019-07-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant's July 8, 2019 motion to supplement the record and for extension of time is granted. The record is supplemented to include the full transcript of the trial. Said supplemental record is deemed filed as of the date of this order. Further,ORDERED that appellant shall serve the initial brief on or before August 16, 2019.
|
|
| Docket Date |
2019-07-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2019-06-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/17/2019
|
|
| Docket Date |
2019-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Eileen Breitkreutz
|
|
| Docket Date |
2019-05-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 707 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-04-26
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-04-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-04-09
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
|
|
| Docket Date |
2019-04-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eileen Breitkreutz
|
|
|
|
BOCA VIEW CONDOMINIUM ASSOCIATION, INC. VS ALEXANDER BOBURKA
|
4D2017-3422
|
2017-11-06
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA006069
|
Parties
| Name |
BOCA VIEW CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Robert I. Rubin, JoAnn Nesta Burnett
|
|
| Name |
ALEXANDER BOBURKA
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Shaun Michael Zaciewski
|
|
| Name |
Hon. Peter D. Blanc
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-12-11
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2017-12-11
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Mandamus ~ ORDERED that the petition for writ of prohibition or writ of mandamus is denied. The order denying petitioner’s motion to dismiss is not appealable, and no basis for extraordinary writ jurisdiction is shown. Petitioner fails to demonstrate that the lower courts lack jurisdiction, and an adequate remedy is available on appeal from a final order if the trial court ultimately rejects petitioner’s collateral estoppel and res judicata arguments. As to the request for mandamus relief, the petition is denied. Petitioner is the defendant in the proceedings below and lacks standing to challenge the transfer. Where concurrent jurisdiction exists, the plaintiff has the choice to proceed in either court. See Sea Breeze Video, Inc. v. Federico, 648 So. 2d 226, 228 (Fla. 2d DCA 1994).GERBER, C.J., CIKLIN and LEVINE, JJ., concur.
|
|
| Docket Date |
2017-11-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2017-11-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2017-11-06
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2017-11-06
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Boca View Condominium Association, Inc.
|
|
| Docket Date |
2017-11-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
