|
KFIR BARANES, Appellant(s) v. PALM BEACH COUNTY, Appellee(s).
|
4D2024-3194
|
2024-12-13
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CA011285
|
Parties
| Name |
Kfir Baranes
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Karen Gail Brown, Sean Fahey
|
|
| Name |
Hon. Bradley G. Harper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Kfir Baranes
|
|
| Docket Date |
2024-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-12-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-12-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
|
|
PALM BEACH COUNTY, Appellant(s) v. B&B PROPERTIES, INC., Appellee(s).
|
4D2024-3182
|
2024-12-12
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA008660
|
Parties
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Sean Fahey
|
|
| Name |
B&B Properties, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Louis Marc Silber, Gary Mayer Dunkel, James Kellogg Green
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-12-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
|
| Docket Date |
2024-12-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Palm Beach County
|
| View |
View File
|
|
| Docket Date |
2024-12-13
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, Appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
| View |
View File
|
|
| Docket Date |
2024-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-12-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
|
|
PALM BEACH COUNTY, Petitioner(s) v. B&B PROPERTIES, INC., Respondent(s).
|
4D2024-3169
|
2024-12-11
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA008660
|
Parties
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Sean Fahey
|
|
| Name |
B&B Properties, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Louis Marc Silber, Gary Mayer Dunkel, James Kellogg Green
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-26
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
|
|
| Docket Date |
2024-12-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm that cannot be remedied on appeal from a final judgment. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996). Petitioner has sought an appeal in 4D2024-3182. We lack certiorari jurisdiction, and this proceeding is duplicative and unnecessary.
|
| View |
View File
|
|
| Docket Date |
2024-12-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-12-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-09
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
| Docket Date |
2024-12-09
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
|
|
DASYAM S. RAJASEKHAR, Appellant(s) v. 22ND CENTURY TECHNOLOGIES, INC., et al., Appellee(s).
|
4D2024-2036
|
2024-08-12
|
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
502024CA003850XXX
|
Parties
| Name |
Dasyam S. Rajasekhar
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
22ND CENTURY TECHNOLOGIES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard D Courtemanche, Jr.
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomas Jablonski, Helene Catherine Hvizd
|
|
| Name |
LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gabriel Eliu Perez
|
|
| Name |
The Florida Bar
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Legal Aid Society of Palm Beach County
|
|
| Docket Date |
2024-09-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court's August 13, 2024 and August 21, 2024 orders.
|
| View |
View File
|
|
| Docket Date |
2024-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-08-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-13
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-08-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2023), 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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KFIR BARANES, Petitioner(s) v. PALM BEACH COUNTY, Respondent(s).
|
4D2024-1674
|
2024-07-02
|
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
502023CA011285XXX
|
Parties
| Name |
Kfir Baranes
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Karen Gail Brown, Helene Catherine Hvizd
|
|
| Name |
Hon. Bradley G. Harper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-02
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
|
| Docket Date |
2024-07-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
|
| Docket Date |
2024-08-30
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
ORDERED that the July 2, 2024 petition for writ of prohibition is denied.
|
| View |
View File
|
|
| Docket Date |
2024-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-07-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid - $300
|
| View |
View File
|
|
| Docket Date |
2024-07-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
|
|
DIANA JELIC a/k/a DIANA KULICK, Appellant(s) v. U.S. BANK TRUST N.A., as Trustee, etc., et al., Appellee(s).
|
4D2024-1691
|
2024-07-02
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA007285
|
Parties
| Name |
Diana Jelic
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael Vater
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rachel Marie Fahey
|
|
| Name |
U.S. Bank Trust, N.A., as Trustee of LSRMF MH MASTER PARTICIPATION TRUST II
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Andrew Scolaro, Zachary Y. Ullman, Julia Y. Poletti, Matthew A. Ciccio
|
|
| Name |
Hon. Bradley G. Harper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-15
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before November 25, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORDERED that Appellant's November 25, 2024 motion to supplement the record and for extension of time is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further, ORDERED that Appellant shall serve the initial brief within thirty (30) days from receipt of the supplemental record.
|
| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to order to show cause
|
| On Behalf Of |
Diana Jelic
|
|
| Docket Date |
2024-11-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-10-03
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Record on Appeal Confidential--39 Pages
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
NOTICE OF INABILITY TO TRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-09-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's September 9, 2024 motion for extension of time is determined to be moot. See the September 10, 2024 notice of agreed extension.
|
| View |
View File
|
|
| Docket Date |
2024-09-10
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 days to 11/8/24
|
|
| Docket Date |
2024-09-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
|
| Docket Date |
2024-09-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
*Moot* Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-07-03
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
|
|
KFIR BARANES, Appellant(s) v. PALM BEACH COUNTY, Appellee(s).
|
4D2024-1497
|
2024-06-12
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CA011285
|
Parties
| Name |
Kfir Baranes
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Bradley G. Harper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Karen Gail Brown, Helene Catherine Hvizd
|
|
Docket Entries
| Docket Date |
2024-06-12
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-10-17
|
| Type |
Motions Other
|
| Subtype |
Motion for Clarification of Order
|
| Description |
Motion for Clarification of Order
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORDERED that, upon consideration of Appellant's July 8, 2024 motion to stay, Appellant shall obtain a final order and file a copy in this court within ten (10) days from the date of this order, as directed in this court's June 14, 2024 order. Upon the filing of such final order with this court, the above-styled appeal will be stayed pending the disposition of case number 4D2024-1674.
KLINGENSMITH, C.J., DAMOORGIAN and LEVINE, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO "JURISDICTIONAL BRIEF"
|
|
| Docket Date |
2024-09-25
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| View |
View File
|
|
| Docket Date |
2024-09-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE REGARDING INABILITY TO COMPLY WITH ORDER DUE TO
LOWER COURT DECISION AND DELAY, AND REQUEST FOR
INTERVENTION OF THIS COURT
|
|
| Docket Date |
2024-09-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION FOR EXTENSION OF TIME TO OBTAIN FINAL ORDER FROM LOWER COURT
|
|
| Docket Date |
2024-09-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
|
| Docket Date |
2024-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant's August 6, 2024 motion for extension of time is granted, and the time in which to obtain a final order from the lower court is extended thirty (30) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION FOR EXTENSION OF TIME TO OBTAIN FINAL ORDER FROM LOWER COURT
|
|
| Docket Date |
2024-07-25
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORDERED that, upon consideration of Appellant's July 8, 2024 motion to stay, Appellant shall obtain a final order and file a copy in this court within ten (10) days from the date of this order, as directed in this court's June 14, 2024 order. Upon the filing of such final order with this court, the above-styled appeal will be stayed pending the disposition of case number 4D2024-1674.
|
| View |
View File
|
|
| Docket Date |
2024-07-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED sua sponte that Appellant's July 8, 2024 notice of unavailability is stricken
as unauthorized.
|
| View |
View File
|
|
| Docket Date |
2024-07-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
MOTION TO STAY PROCEEDINGS PENDING OUTCOME OF PETITION FOR WRIT OF PROHIBITION
|
|
| Docket Date |
2024-07-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF UNAVALIBILITY
|
|
| Docket Date |
2024-07-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Dismiss
|
|
| Docket Date |
2024-07-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-07-03
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion to Dismiss
|
|
| Docket Date |
2024-06-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-06-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Filing of Proof of Service for Notice of Appeal
|
|
| Docket Date |
2024-06-14
|
| Type |
Order
|
| Subtype |
Order to Obtain Final Order
|
| Description |
Order to Obtain Final Order
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
|
| Docket Date |
2024-10-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that this court's October 16, 2024 order is vacated. Further,
ORDERED that, upon consideration of appellant's September 25, 2024 jurisdictional brief and appellee's October 2, 2024 response, the above-styled appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.110, 9.130; see also Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed."); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."). Further,
ORDERED appellee's July 2, 2024 motion to dismiss, and appellant's July 8, 2024 motion to stay and September 10, 2024 motion for extension of time are denied as moot.
KLINGENSMITH, C.J., DAMOORGIAN and LEVINE, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
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 28, 2024 Order Denying Motion for Partial Summary Judgment is a nonfinal or final appealable order, as it does not appear to fall within the enumerated, appealable nonfinal orders per Florida Rule of Appellate Procedure 9.130, and it does not enter judgment for or against a party or otherwise appear to conclude the judicial labor in the cause such that jurisdiction would lie under Florida Rule of Appellate Procedure 9.110. See Fla. R. App. P. 9.130, 9.110; see also Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed."); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."); further Appellee may file a response within ten (10) days of service of that statement.
|
| View |
View File
|
|
|
|
EARL DEAN LILLY, JR., Appellant(s) v. PALM BEACH COUNTY, Appellee(s).
|
4D2024-1424
|
2024-06-05
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CA000935
|
Parties
| Name |
Earl Jr Lilly
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Abby Jill Goldman, Eric Lee Reichenberger, Darren William Leiser
|
|
| Name |
Hon. Reid Parker Scott, II
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Earl Jr Lilly
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-09-13
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to 11/04/2024
|
|
| Docket Date |
2024-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-09-05
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Earl Jr Lilly
|
|
| Docket Date |
2024-09-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Earl Jr Lilly
|
| View |
View File
|
|
| Docket Date |
2024-08-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Clarification
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-08-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 384 Pages
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-08-05
|
| Type |
Motions Other
|
| Subtype |
Motion for Clarification of Order
|
| Description |
Motion for Clarification of Appeal Court's Orders of June 6, 2024 and June 28, 2024
|
|
| Docket Date |
2024-06-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that, upon consideration of appellee's June 24, 2024 response and the filing of the June 24, 2024 directions to the lower tribunal clerk, appellant's June 14, 2024 motion for an extension of time is granted in part as to the initial brief, and appellant shall serve the initial brief within thirty (30) days from receipt of the record on appeal.
|
| View |
View File
|
|
| Docket Date |
2024-06-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Directions to the Clerk of Court for the Circuit Civil Court, Palm Beach County, FL
|
| On Behalf Of |
Earl Jr Lilly
|
|
| Docket Date |
2024-06-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Extension of Time to File, etc.
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-06-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
APPELLANT MOTIONS THE FOURTH DISTRICT COURT OF APPEAL FOR EXTENSION OF TIME TO FILE: DIRECTIONS TO THE CLERK OF COURT, LOWER COURT; DESIGNATION TO COURT REPORTER; FILING OF A TRANSCRIPT; APPELLANT'S STIPULATED STATEMENT AND OR SERVICE OF DOCUMENTS; AND ALSO TO FILE APPELLANT'S INITIAL BRIEF
|
|
| Docket Date |
2024-06-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Directions to the Clerk of the Fourth District Court of Appeal
|
| On Behalf Of |
Earl Jr Lilly
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
ORDERED sua sponte that the court determines that this appeal seeks review of a final order, rather than a nonfinal order. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) 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.
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-06-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-05
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Palm Beach County
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
ORDERED that, upon consideration of appellee's August 19, 2024 response, appellant's August 5, 2024 motion for clarification is granted. As this court's June 6, 2024 order stated, this appeal seeks review from an order granting a motion to dismiss with prejudice, which is a final order subject to review under Florida Rule of Appellate Procedure 9.110. At this time, no further action is required from the trial court with regard to entry of an appealable final order. Additionally, this court's June 28, 2024 order provided appellant with an extension of time to serve the initial brief until thirty (30) days after receipt of the record on appeal. The record on appeal was filed on August 5, 2024. As such, the initial brief is currently due on September 4, 2024. If appellant requires additional time beyond that deadline, he may file a motion for a further extension of time.
|
| View |
View File
|
|
|
|
PETER TOROCSIK d/b/a ULTIMATE BAKERY & PASTRY, INC., Appellant(s) v. PALM BEACH COUNTY, Appellee(s).
|
4D2024-1324
|
2024-05-24
|
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
502023CC003420
|
Parties
| Name |
Peter Torocsik
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ULTIMATE BAKERY & PASTRY INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nejla Calvo Proenza, Shannon Beth Fox
|
|
| Name |
Hon. Stephanie Farris Tew
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Email Correspondence
|
| On Behalf Of |
Peter Torocsik
|
|
| Docket Date |
2024-10-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Peter Torocsik
|
|
| Docket Date |
2024-10-11
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
|
| Docket Date |
2024-10-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Peter Torocsik's Motion in Opposition to Palm Beach County's Motion for Reconsideration and to Motion to Dismiss the Appeal as to Peter Torocsik
|
|
| Docket Date |
2024-10-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Palm Beach County's, Motion for Reconsideration and Motion to Dismiss the Appeal as to Peter Torocsik
|
|
| Docket Date |
2024-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORDERED that, upon consideration of appellant Peter Torocsik's September 10, 2024 response, appellee's August 26, 2024 motion to strike is denied. The initial brief filed August 16, 2024, is deemed to have been filed on behalf of appellant Peter Torocsik only. Further,
ORDERED that appellant Ultimate Bakery & Pastry, Inc. is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed as to Ultimately Bakery and Pastry, Inc. or other sanctions imposed for failure to comply with this court's September 10, 2024 order. Failure to comply with this order will result in dismissal of this appeal as to Ultimate bakery & Pastry, Inc. only without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-09-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellant Ultimate Bakery & Pastry, Inc. is directed to respond, within ten (10) days from the date of this order, to Appellee's August 26, 2024 motion to strike initial brief.
|
| View |
View File
|
|
| Docket Date |
2024-09-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss Appellee's Motion to Strike
|
|
| Docket Date |
2024-08-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike Initial Brief
|
|
| Docket Date |
2024-08-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Peter Torocsik
|
| View |
View File
|
|
| Docket Date |
2024-08-08
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-06-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 648 pages
|
| On Behalf Of |
Palm Beach Clerk
|
| View |
View File
|
|
| Docket Date |
2024-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-06-03
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court's October 23, 2024 order.
|
| View |
View File
|
|
| Docket Date |
2024-10-23
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDERED that, upon consideration of appellant's October 11, 2024 response, appellee's October 7, 2024 motion for rehearing is granted. This court's October 4, 2024 order is vacated. Further,
ORDERED that, upon consideration of appellant Peter Torocsik's September 10, 2024 response, appellee's August 26, 2024 motion to strike and September 10, 2024 motion to dismiss the appeal as to Peter Torocsik are granted. This appeal is dismissed in part as to Peter Torocsik, individually, who was not a party to the original proceedings. See Edwards v. CIT Bank, N.A., 306 So. 3d 217 (Fla. 3d DCA 2020) ("a non-party in the lower tribunal is a 'stranger to the record' and, therefore, lacks standing to appeal an order entered by the lower tribunal."). Further,
It appears that the August 16, 2024 initial brief filed on behalf of appellant, Ultimate Bakery & Pastry Inc., a corporation, was not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Commc'ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant Ultimate Bakery & Pastry Inc. unless, within twenty (20) days from the date of this order, the corporation files an amended initial brief signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel. Further,
ORDERED that this appeal is stayed pending compliance with this order. Further,
ORDERED that appellant's October 21, 2024 response is stricken as unauthorized.
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
|
|
PAMELA ANNE HOWELL BERES, Appellant(s) v. PALM BEACH COUNTY, Appellee(s).
|
4D2024-1276
|
2024-05-20
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502024CC003716
|
Parties
| Name |
Pamela Anne Howell Beres
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan Michael Galler
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Shannon Beth Fox
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this Court's May 21, 2024 order.
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause
|
| View |
View File
|
|
| Docket Date |
2024-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-05-21
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-05-31
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
|
|
RICHARD CARTER PRICE and ELLEN BLACKMAN PRICE, et al., Appellant(s) v. PALM BEACH COUNTY, Appellee(s).
|
4D2024-1226
|
2024-05-14
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2021CA009288
|
Parties
| Name |
Richard Carter Price
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael Joseph Tomkiewicz, Gino Antonio Luzietti, Thomasina Moore
|
|
| Name |
Carlo J. Gosso
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Anna Maria Grosso
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Barry Seth Balmuth, Sean Fahey
|
|
| Name |
Hon. Luis Delgado, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Ellen Blackman Price
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael Joseph Tomkiewicz, Gino Antonio Luzietti, Thomasina Moore, Helene Catherine Hvizd, Barry Seth Balmuth
|
|
Docket Entries
| Docket Date |
2024-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ellen Blackman Price
|
|
| Docket Date |
2024-11-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Richard Carter Price
|
| View |
View File
|
|
| Docket Date |
2024-10-31
|
| Type |
Notice
|
| Subtype |
Counsel Substitution
|
| Description |
Notice of Counsel Substitution
|
| On Behalf Of |
Palm Beach County
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellants' October 21, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief on or before October 28, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-10-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-07
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
2 Weeks to 10/21/24
|
|
| Docket Date |
2024-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Richard Carter Price
|
|
| Docket Date |
2024-09-23
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
Two Weeks to 10/07/2024
|
|
| Docket Date |
2024-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Richard Carter Price
|
|
| Docket Date |
2024-08-22
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to September 23, 2024
|
|
| Docket Date |
2024-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Richard Carter Price
|
|
| Docket Date |
2024-07-25
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to August 23, 2024
|
|
| Docket Date |
2024-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Richard Carter Price
|
|
| Docket Date |
2024-06-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 968 pages
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-05-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee, Palm Beach County's Response in Opposition to Appellants' Motion to Supplement Record
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-12-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellants' Response To Palm Beach County's Motion To Strike And Request To Supplment Record
|
| On Behalf Of |
Richard Carter Price
|
|
| Docket Date |
2024-12-20
|
| 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, 2024 Motion to Strike.
|
| View |
View File
|
|
| Docket Date |
2024-11-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike Appellant's Initial Brief
|
|
| Docket Date |
2024-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellants' October 29, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief on or before November 1, 2024. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Richard Carter Price
|
| View |
View File
|
|
|
|
DIANA JELIC, et al., Appellant(s) v. US BANK NATIONAL ASSOCIATION, etc., Appellee(s).
|
4D2024-0738
|
2024-03-21
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA012188
|
Parties
| Name |
Diana Jelic
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael Richard Vater, George Garth Kurschner
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rachel Marie Fahey
|
|
| Name |
Katherine Favors
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Curtis Alan Wilson
|
|
| Name |
US Bank National Association
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Porter Gufford
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 466 pages
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-03-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
US Bank National Association
|
|
| Docket Date |
2024-11-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
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.
|
| View |
View File
|
|
| Docket Date |
2024-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORDERED that, upon consideration of appellant's August 12, 2024 response, appellee's August 6, 2024 motion to strike appellant's motion for attorney's fees is denied.
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellee's Motion to Strike Appellant's Motion for Attorneys' Fees
|
| On Behalf Of |
Diana Jelic
|
|
| Docket Date |
2024-08-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Appellee's Motion To Strike Appellant's Motion for Attorney's Fees
|
|
| Docket Date |
2024-07-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Diana Jelic
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-07-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
US Bank National Association
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-06-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-06-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Diana Jelic
|
| View |
View File
|
|
| Docket Date |
2024-06-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record-- 58 pages (467-524)
|
|
| Docket Date |
2024-05-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2024-05-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-05-29
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
45 Days to July 15, 2024
|
| On Behalf Of |
Diana Jelic
|
|
| Docket Date |
2024-05-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Diana Jelic
|
|
| Docket Date |
2024-03-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-03-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORDERED that Appellant's December 6, 2024 motion for rehearing and written opinion is denied.
|
| View |
View File
|
|
| Docket Date |
2024-12-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion and Rehearing
|
|
| Docket Date |
2024-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellee U.S. Bank National Association, not in its individual capacity but solely as Trustee for the RMAC Trust, Series 2016-CTT's July 11, 2024 motion for award of appellate 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 June 11, 2024 motion for attorney's fees is denied.
|
| View |
View File
|
|
| Docket Date |
2024-03-22
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Diana Jelic
|
| View |
View File
|
|
|
|
STEVEN TOTH, Appellant(s) v. PALM BEACH COUNTY, Appellee(s).
|
4D2024-0575
|
2024-03-06
|
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
502024CC000425
|
Parties
| Name |
Steven Toth
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Shannon Beth Fox
|
|
| Name |
Hon. Sarah Levien Shullman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-03-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-04-25
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-03-06
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order Appealed Needed
|
| View |
View File
|
|
|
|
PALM BEACH COUNTY, Appellant(s) v. FLORIDA PACE FUNDING AGENCY, Appellee(s).
|
4D2023-3141
|
2023-12-28
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CA009882XXXMB
|
Parties
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Helene Catherine Hvizd, Marianna R Sarkisyan, Thomas Jablonski
|
|
| Name |
James Nutt
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Florida Pace Funding Agency
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James C. Dinkins, Anthony James Manganiello, III, Amber Stoner Nunnally, Elise Marie Engle
|
|
Docket Entries
| Docket Date |
2024-11-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-11-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-11-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORDERED that Appellee's July 8, 2024 request for oral argument is denied.
|
| View |
View File
|
|
| Docket Date |
2024-11-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed and Remanded with Instructions
|
| View |
View File
|
|
| Docket Date |
2024-07-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Palm Beach County
|
| View |
View File
|
|
| Docket Date |
2024-07-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-07-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellant's July 12, 2024notice 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.
|
| View |
View File
|
|
| Docket Date |
2024-07-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Pace Funding Agency
|
|
| Docket Date |
2024-05-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-05-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appellant Palm Beach County's Appendix to Initial Brief
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-05-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-04-29
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-01-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Palm Beach County
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-01-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-01-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
Palm Beach County
|
| View |
View File
|
|
| Docket Date |
2023-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-07-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellant's July 15, 2024 motion for extension of time is granted, and Appellant shall serve the reply brief within twenty (20) 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.
|
| View |
View File
|
|
| Docket Date |
2024-06-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Florida Pace Funding Agency
|
| View |
View File
|
|
| Docket Date |
2024-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-12-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-12-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
|
|
Ultimate Bakery & Pastry, Inc. Petitioner(s) v. Palm Beach County, Respondent(s)
|
SC2023-1532
|
2023-11-06
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2023-1993;
|
Parties
| Name |
Peter Torocsik
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ULTIMATE BAKERY & PASTRY INC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Nejla Calvo Proenza
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-06
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Peter Torocsik
|
| View |
View File
|
|
| Docket Date |
2023-11-06
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required
|
|
| Docket Date |
2023-11-07
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
Petitioner's Notice to Invoke Discretionary Jurisdiction,
seeking review of the order or opinion issued by the Fourth District
Court of Appeal on September 20, 2023, 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
|
|
|
|
ULTIMATE BAKERY & PASTRY, INC., Appellant(s) v. PALM BEACH COUNTY, Appellee(s).
|
4D2023-1993
|
2023-08-17
|
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
502022CC015508XXXMB
|
Parties
| Name |
Ulitmate Bakery & Pastry, Inc.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Peter Toroscsik
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nejla Proenza
|
|
| Name |
Hon. James Sherman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Order on Motion for Reinstatement
|
| View |
View File
|
|
| Docket Date |
2024-03-20
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
| On Behalf Of |
Peter Toroscsik
|
|
| Docket Date |
2024-03-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2024-03-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Peter Toroscsik
|
|
| Docket Date |
2024-03-13
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
|
| Docket Date |
2023-11-07
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2023-1532 Supreme Court Order Petitioner's Notice to Invoke Discretionary Jurisdiction, seeking review of the order or opinion issued by the Fourth District Court of Appeal on September 20, 2023, is hereby dismissed
|
|
| Docket Date |
2023-11-06
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
|
| Docket Date |
2023-09-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2023-09-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Peter Toroscsik
|
|
| Docket Date |
2023-09-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
Peter Toroscsik
|
|
| Docket Date |
2023-09-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Peter Toroscsik
|
|
| Docket Date |
2023-08-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ **AMENDED
|
|
| Docket Date |
2023-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Peter Toroscsik
|
|
| Docket Date |
2023-08-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DU:Due
|
|
| Docket Date |
2023-08-22
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on August 16, 2023 and the Notice reflects February 8, 2023 as the date of the order being appealed.ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined.ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
|
|
| Docket Date |
2023-08-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
|
|
|
|
PALM BEACH COUNTY, Appellant(s) v. SHARON WILSON, Appellee(s).
|
4D2023-0062
|
2023-01-05
|
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
502016CA011847AXXX
|
Parties
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Toni-Ann Brown, Helene Catherine Hvizd
|
|
| Name |
SHARON WILSON LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jennifer S. Carroll, Isidro M. Garcia
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-06-05
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
ORDERED that the appellee/cross-appellant's April 25, 2024 Motion for Leave to File Amended Motion for Appellate Attorney's Fees and/or Motion for Rehearing is denied.
|
| View |
View File
|
|
| Docket Date |
2024-05-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellee's Motion for Leave to file an Amended Motion for Attorney's Fees
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant/cross-appellee's May 12, 2023 motion for extension of time is granted, and appellant/cross-appellee 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 |
2023-01-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on January 19, 2023. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2024-06-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Amended Motion For Attorney's Fees
|
|
| Docket Date |
2024-04-25
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion for Leave to File Amended Motion for Appellate Attorneys' Fees and/or Motion for Rehearing
|
|
| Docket Date |
2024-04-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-04-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part
|
| View |
View File
|
|
| Docket Date |
2024-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-12-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Review of Stay
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-12-06
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review of Stay Order and Motion to Vacate Stay
|
|
| Docket Date |
2023-12-05
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Cross-Reply Brief
|
| On Behalf Of |
Sharon Wilson
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
15 Days to 12/05/2023
|
|
| Docket Date |
2023-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Cross-Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Cross-Reply Brief
|
| On Behalf Of |
Sharon Wilson
|
|
| Docket Date |
2023-10-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Request for Oral Argument
|
| On Behalf Of |
Sharon Wilson
|
|
| Docket Date |
2023-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORDERED that appellant/cross-appellee's October 19, 2023 motion to strike appellee/cross-appellant's statement of the case and facts is denied.
|
| View |
View File
|
|
| Docket Date |
2023-10-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
REPLY/CROSS-ANSWER BRIEF
|
| View |
View File
|
|
| Docket Date |
2023-10-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
MOTION TO STRIKE APPELLEE/CROSS-APPELLANT'S STATEMENT OF THE CASE AND FACTS
|
|
| Docket Date |
2023-10-20
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-09-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief and Cross-Initial Brief
|
| View |
View File
|
|
| Docket Date |
2023-09-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2023-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Sharon Wilson
|
|
| Docket Date |
2023-05-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Palm Beach County
|
| View |
View File
|
|
| Docket Date |
2023-05-12
|
| 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 |
Palm Beach County
|
|
| Docket Date |
2023-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION
|
| On Behalf Of |
Sharon Wilson
|
|
| Docket Date |
2023-04-19
|
| 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 April 13, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 15, 2023. 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 |
2023-04-13
|
| 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 |
Palm Beach County
|
|
| Docket Date |
2023-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-02-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (23-62) (4042 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-01-23
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Sharon Wilson
|
|
| Docket Date |
2023-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ AS TO CASE 4D23-62
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's January 9, 2023 motion to consolidate, contained within appellant's status report, is granted, and case numbers 4D22-701 and 4D23-62 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-701. Appellant shall file an initial brief addressing the issues in both cases on or before March 15, 2023. All other briefs shall be served in accordance with Florida Rule of Appellate Procedure 9.210(g).
|
|
| Docket Date |
2023-01-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-01-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-01-06
|
| 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.
|
|
| Docket Date |
2023-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-01-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS PALM BEACH COUNTY
|
4D2022-3443
|
2022-12-30
|
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
2022CC003564
|
Parties
| Name |
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
David Kampf
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nejla Proenza, David Cesar Behar
|
|
| Name |
Hon. Frank S. Castor
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-22
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
|
| Docket Date |
2023-02-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2023-01-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the January 20, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-01-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-01-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
| Docket Date |
2023-01-05
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) (“On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order.”). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2023-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2022-12-30
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2022-12-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-12-30
|
| 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.
|
|
| Docket Date |
2022-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
State Farm Mutual Automobile Insurance Company
|
|
|
|
PALM BEACH COUNTY, Appellant(s) v. B & B PROPERTIES, INC., Appellee(s)
|
4D2022-3041
|
2022-11-14
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA008660
|
Parties
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Helene Catherine Hvizd
|
|
| Name |
B. & B. PROPERTIES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Louis M. Silber, James K. Green, Gary M. Dunkel
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee’s appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that, upon consideration of appellee’s April 11, 2023 response, appellant’s March 31, 2023 motion for leave to file an amended initial brief is granted. The amended initial brief is deemed filed as of the date of this order. Further, ORDERED that appellee’s unopposed April 10, 2023 motion for extension of time is granted, and appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant’s November 17, 2022 agreed motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days for the limited purpose of entering a corrected order granting the motion for class certification. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2022-11-14
|
| 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.
|
|
| Docket Date |
2023-09-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that appellant’s May 25, 2023 request for oral argument is denied.
|
|
| Docket Date |
2023-08-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
B & B Properties, Inc.
|
|
| Docket Date |
2023-05-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-05-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-04-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
B & B Properties, Inc.
|
|
| Docket Date |
2023-04-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
B & B Properties, Inc.
|
|
| Docket Date |
2023-04-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **Stricken**
|
| On Behalf Of |
B & B Properties, Inc.
|
|
| Docket Date |
2023-04-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
B & B Properties, Inc.
|
|
| Docket Date |
2023-04-13
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-04-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's April 10, 2023 response 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 |
2023-04-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ CORRECTED RESPONSE IN OPPOSITION TO PALM BEACH COUNTY'S MOTIONFOR LEAVE TO FILE AMENDED INITIAL BRIEF
|
| On Behalf Of |
B & B Properties, Inc.
|
|
| Docket Date |
2023-04-10
|
| 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 |
B & B Properties, Inc.
|
|
| Docket Date |
2023-04-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** IN OPPOSITION TO PALM BEACH COUNTY'S MOTION FOR LEAVE TO FILE AMENDED INITIAL BRIEF
|
| On Behalf Of |
B & B Properties, Inc.
|
|
| Docket Date |
2023-03-31
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-03-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ CORRECTED
|
| On Behalf Of |
B & B Properties, Inc.
|
|
| Docket Date |
2023-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s March 15, 2023 corrected motion for extension of time is granted, and appellee shall serve the answer brief on or before April 10, 2023. 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 |
2023-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's February 16, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before March 18, 2023. 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 |
2023-02-16
|
| 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 |
B & B Properties, Inc.
|
|
| Docket Date |
2023-01-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-01-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2023-01-13
|
| 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 January 12, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 17, 2023. 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 |
2023-01-12
|
| 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 |
Palm Beach County
|
|
| Docket Date |
2023-01-05
|
| 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 January 5, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 13, 2023. 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 |
2023-01-05
|
| 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 |
Palm Beach County
|
|
| Docket Date |
2022-12-21
|
| 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 December 20, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 6, 2023. 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 |
2022-12-20
|
| 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 |
Palm Beach County
|
|
| Docket Date |
2022-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ SECOND AMENDED CORRECTED ORDER
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2022-11-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2022-11-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2022-11-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-11-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach County
|
|
|
|
DAVID A. KOLLAR VS PALMETTO PINES HOMEOWNERS ASSOCIATION, INC., et al.
|
4D2022-2423
|
2022-09-02
|
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
502019CA007641
|
Parties
| Name |
David A. Kollar
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan B. Butler
|
|
| Name |
SHENDELL & ASSOCIATES, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Larry Shendell
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Al Hoffer
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
XS Trach, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mark Coward
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SPECTRYM INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ED WHITE INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALMETTO PINES HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lysa M. Friedlieb, Kim Phan, Danitza Gonzalez, Lawrence A. Shendell, Joel E. Greenberg, Gary R. Shendell, Seth A. Kolton
|
|
| Name |
Eva Redman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Tamar Duffner Shendell
|
| Role |
Appellee
|
| Status |
Active
|
|
| 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 |
2023-06-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
| Docket Date |
2023-06-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-06-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ JOINT STIPULATION FOR DISMISSAL
|
| On Behalf Of |
David A. Kollar
|
|
| Docket Date |
2023-05-11
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Order Directing Party to File Supplemental ROA ~ ORDERED that appellant shall advise this Court, within five (5) days from the date of this order, whether or not a copy of the transcript from the summary judgment hearing on April 13, 2022, is available. Failure of appellant to advise this Court within said five-day period shall result in this Court deciding the issues on appeal based on the existing record on appeal. If there is a transcript, appellant shall supplement the record with a copy of the transcript within twenty (20) days of this order.
|
|
| Docket Date |
2022-12-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 02/02/2023.
|
|
| Docket Date |
2022-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Palmetto Pines Homeowners Association, Inc.
|
|
| Docket Date |
2022-12-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
David A. Kollar
|
|
| Docket Date |
2022-11-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's November 15, 2022 amended notice of agreed extension of time 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 |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
David A. Kollar
|
|
| Docket Date |
2022-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
David A. Kollar
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's November 8, 2022 notice of agreed extension of time 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) and 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). An amended document in compliance with the Rules shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
David A. Kollar
|
|
| Docket Date |
2022-11-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,731 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-09-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that Danitza Gonzalez's September 21, 2022 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palmetto Pines Homeowners Association, Inc.
|
|
| Docket Date |
2022-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
Palmetto Pines Homeowners Association, Inc.
|
|
| Docket Date |
2022-09-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
David A. Kollar
|
|
| Docket Date |
2022-09-02
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
|
| Docket Date |
2022-09-02
|
| 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 |
2022-09-02
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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