|
THOMAS L. CHAMBERLAIN and ANTHONY A. FALCONE VS LUCINDA SIBILLE, et al.
|
4D2019-2504
|
2019-08-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE-17-2892
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-3583 (12)
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE-17-2886
|
Parties
| Name |
THOMAS L. CHAMBERLAIN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James William Beagle
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANTHONY A. FALCONE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MICHAEL SANDLOFER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FOOTBRIDGE HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DENISE LUQUER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LUCINDA SIBILLE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian D. Gottlieb
|
|
| Name |
ANTHONY TAMBURRINO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THOMAS CHAMBERLAIN LIVING TRUST AGREEMENT DATED NOVEMBER 21, 2013
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-12-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 19-2112, 19-2504 AND 19-3747 ARE CONSOLIDATED AND SHALL PROCEED UNDER CASE 19-2112. SEE 12/11/2019 ORDER.**
|
|
| Docket Date |
2222-09-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 19-2112 AND 19-2504 ARE CONSOLIDATED AND SHALL PROCEED UNDER CASE 19-2112. SEE 09/16/2019 ORDER.**
|
|
| Docket Date |
2020-08-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants' June 26, 2020 motion for written opinion is denied.
|
|
| Docket Date |
2020-07-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OF APPELLEE, FOOTBRIDGE HOMEOWNERS ASSOCIATION, INC., TO APPELLANTS' MOTION FOR WRITTEN OPINION
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2020-06-26
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION FOR WRITTEN OPINION
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee Footbridge Homeowners Association, Inc.’s March 2, 2020 motion for an award of attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Brian D. Gottlieb is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2020-06-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-04-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-04-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-04-07
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-03-10
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-03-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2020-03-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2020-02-14
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellants' February 13, 2020 motion to serve an amended initial brief is granted, and appellants’ proposed amended initial brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2020-02-13
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-02-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-01-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-01-16
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on January 7, 2020, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2019-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED the appellants' amended notice of appeal, which was filed on November 13, 2019, will be treated as a new notice of appeal and a new case number will be assigned. The new case number will be consolidated with case numbers 4D19-19-2112 and 4D19-2504 for all purposes, and will proceed under case number 4D19-2112 under the time-schedule for a final appeal according to the requirements of Florida Rule of Appellate Procedure 9.110. Appellants shall file a single initial brief that addresses the issues of all three cases.
|
|
| Docket Date |
2019-11-18
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that appellants are directed to show cause, if any there be, within ten (10) days from the date of this order, why the November 11, 2019 "amendment to notice of appeal" should not be treated as a separate notice of appeal and designated its own case number. See Fla. R. App. P. 9.110(h) ("Multiple final orders may be reviewed by a single notice, if the notice is timely filed as to each order."); Rhoades v. Southwest Florida Regional Medical Center, 542 So. 2d 1042 (Fla. 2d DCA 1989) (finding that the amended notice of appeal directed to an order not included in the original notice of appeal can be treated as a separate notice of appeal, as the appellant did not come within purview of appellate rule providing that multiple final orders may be reviewed by single notice if the notice is timely filed as to each such order).
|
|
| Docket Date |
2019-11-13
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-10-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 858 PAGES (PAGES 1-839)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellants’ August 22, 2019 response, it is ORDERED sua sponte that the above-styled appeals are now consolidated 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 4D19-2112. Appellants shall file a single initial brief addressing the issues of both appeals.
|
|
| Docket Date |
2019-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLANTS' COMPLIANCE WITH ORDER OF AUGUST 12, 2019
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2019-08-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2019-08-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellants’ July 11, 2019 jurisdictional statement and August 7, 2019 response to this court’s order, it is ORDERED sua sponte that the above-styled appeal is dismissed as to the portions of the “partial summary judgment in favor of defendants and against plaintiffs as to counts I, III, and IV of plaintiffs’ verified complaint for declaratory relief and damages” and “final summary judgment in favor of defendants and against plaintiffs as to counts III and IV of plaintiffs’ verified complaint for declaratory relief and damages” which award attorney’s fees and costs without setting the amount. Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994). Further,ORDERED that this appeal shall proceed as a final appeal as to the remainder of both orders. Further,ORDERED that appellants shall show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D19-2112 and 4D19-2504 should not be consolidated for all purposes. Appellants should address whether they wish to file a single initial brief addressing the issues of both appeals. Appellees may file a reply within ten (10) days of service of the response. Further,Upon consideration of appellants’ August 8, 2019 response, it is ORDERED thatappellants shall make satisfactory arrangements for preparation of the record on appeal within ten (10) days from the date of this order. Appellants shall file a notice of compliance in this court once satisfactory arrangements have been made.WARNER, MAY And KUNTZ, JJ., concur.
|
|
| Docket Date |
2019-08-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-08-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-08-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
|
|
THOMAS L. CHAMBERLAIN and ANTHONY A. FALCONE VS LUCINDA SIBILLE, et al.
|
4D2019-2112
|
2019-07-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-3583 (12)
|
Parties
| Name |
THOMAS L. CHAMBERLAIN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James William Beagle
|
|
| Name |
ANTHONY A. FALCONE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DENISE LUQUER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FOOTBRIDGE HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANTHONY TAMBURRINO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHAEL SANDLOFER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LUCINDA SIBILLE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian D. Gottlieb
|
|
| Name |
THOMAS CHAMBERLAIN LIVING TRUST AGREEMENT DATED NOVEMBER 21, 2013
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-12-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 19-2112, 19-2504 AND 19-3747 ARE CONSOLIDATED AND SHALL PROCEED UNDER CASE 19-2112. SEE 12/11/2019 ORDER.**
|
|
| Docket Date |
2020-08-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants' June 26, 2020 motion for written opinion is denied.
|
|
| Docket Date |
2020-07-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OF APPELLEE, FOOTBRIDGE HOMEOWNERS ASSOCIATION, INC., TO APPELLANTS' MOTION FOR WRITTEN OPINION
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2020-06-26
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION FOR WRITTEN OPINION
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-06-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s April 13, 2020 motion for attorney's fees is denied.
|
|
| Docket Date |
2020-06-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-04-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-04-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-04-07
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-04-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 04/11/2020
|
|
| Docket Date |
2020-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-03-10
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-03-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2020-03-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellants' February 13, 2020 motion to serve an amended initial brief is granted, and appellants’ proposed amended initial brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2020-02-14
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-02-13
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-02-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-02-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 22 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-01-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 21 DAYS TO 02/10/2020
|
|
| Docket Date |
2020-01-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2020-01-16
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on January 7, 2020, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2020-01-07
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-12-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal ~ (PAID IN 19-3747)
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2019-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED the appellants' amended notice of appeal, which was filed on November 13, 2019, will be treated as a new notice of appeal and a new case number will be assigned. The new case number will be consolidated with case numbers 4D19-19-2112 and 4D19-2504 for all purposes, and will proceed under case number 4D19-2112 under the time-schedule for a final appeal according to the requirements of Florida Rule of Appellate Procedure 9.110. Appellants shall file a single initial brief that addresses the issues of all three cases.
|
|
| Docket Date |
2019-11-18
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that appellants are directed to show cause, if any there be, within ten (10) days from the date of this order, why the November 11, 2019 "amendment to notice of appeal" should not be treated as a separate notice of appeal and designated its own case number. See Fla. R. App. P. 9.110(h) ("Multiple final orders may be reviewed by a single notice, if the notice is timely filed as to each order."); Rhoades v. Southwest Florida Regional Medical Center, 542 So. 2d 1042 (Fla. 2d DCA 1989) (finding that the amended notice of appeal directed to an order not included in the original notice of appeal can be treated as a separate notice of appeal, as the appellant did not come within purview of appellate rule providing that multiple final orders may be reviewed by single notice if the notice is timely filed as to each such order).
|
|
| Docket Date |
2019-11-13
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-10-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **CONFIDENTIAL** 15 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellants’ August 22, 2019 response, it is ORDERED sua sponte that the above-styled appeals are now consolidated 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 4D19-2112. Appellants shall file a single initial brief addressing the issues of both appeals.
|
|
| Docket Date |
2019-08-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLANTS' COMPLIANCE WITH ORDER OF AUGUST 12, 2019
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2019-08-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellants’ July 11, 2019 jurisdictional statement and August 7, 2019 response to this court’s order, it is ORDERED sua sponte that the above-styled appeal is dismissed as to the portions of the “partial summary judgment in favor of defendants and against plaintiffs as to counts I, III, and IV of plaintiffs’ verified complaint for declaratory relief and damages” and “final summary judgment in favor of defendants and against plaintiffs as to counts III and IV of plaintiffs’ verified complaint for declaratory relief and damages” which award attorney’s fees and costs without setting the amount. Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994). Further,ORDERED that this appeal shall proceed as a final appeal as to the remainder of both orders. Further,ORDERED that appellants shall show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D19-2112 and 4D19-2504 should not be consolidated for all purposes. Appellants should address whether they wish to file a single initial brief addressing the issues of both appeals. Appellees may file a reply within ten (10) days of service of the response. Further,Upon consideration of appellants’ August 8, 2019 response, it is ORDERED thatappellants shall make satisfactory arrangements for preparation of the record on appeal within ten (10) days from the date of this order. Appellants shall file a notice of compliance in this court once satisfactory arrangements have been made.WARNER, MAY And KUNTZ, JJ., concur.
|
|
| Docket Date |
2019-08-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLANTS' COMPLIANCE WITH ORDER OF AUGUST 5, 2019
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2019-08-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2019-08-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ Upon consideration of appellants' July 11, 2019 jurisdictional statement, and upon review of the circuit court docket, it appears that, on July 9, 2019, the circuit court entered two final judgments of foreclosure which award appellee Footbridge Homeowners Association, Inc. attorney’s fees and costs. It is thereforeORDERED that appellants shall respond, within ten (10) days from the date of this order, specifically addressing: (1) whether the July 9, 2019 final judgments disposed of all remaining judicial labor in the underlying case; and, (2) whether appellants are seeking to appeal the final judgments in this court. Appellants shall also file conformed copies of the July 9, 2019 final judgments within the time provided for in this order.
|
|
| Docket Date |
2019-07-25
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-07-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2019-07-11
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2019-07-10
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellants 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. Appellants shall specifically address how the portion of the “final summary judgment in favor of defendants and against plaintiffs as to counts III and IV of plaintiffs’ verified complaint for declaratory relief and damages” which awards the defendant attorneys fees is appealable, as the circuit court determined that the defendant is entitled to attorneys fees but did not determine the amount. Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007). FurtherAppellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-07-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-07-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-07-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
|
|
THOMAS L. CHAMBERLAIN and ANTHONY A. FALCONE VS LUCINDA SIBILLE, et al.
|
4D2018-0509
|
2018-02-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE-17-3583 (12)
|
Parties
| Name |
THOMAS L. CHAMBERLAIN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James William Beagle
|
|
| Name |
ANTHONY A. FALCONE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MICHAEL SANDLOFER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANTHONY TAMBURRINO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FOOTBRIDGE HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LUCINDA SIBILLE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian D. Gottlieb
|
|
| Name |
DENISE LUQUER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellees, Footbridge Homeowners Association, inc.’s January 16, 2019 motion for rehearing as to order denying attorney’s fees and costs is denied.
|
|
| Docket Date |
2019-01-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AS TO ORDER DENYING ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2019-01-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-01-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that this appeal is dismissed for lack of jurisdiction. The partial summary judgment is not appealable, as there are interrelated claims involving the same transaction remaining in the suit.The trial court entered partial summary judgment against appellants on Count I of their complaint and on “four of the five independent reasons” set forth in Counts III and IV as to why appellants sought a declaration that certain claims of lien were unenforceable. We find that the counts addressed in the partial summary judgment—Counts I, III, and IV—are all interrelated. We further find that Counts III and IV are still pending in part. Specifically, Counts III and IV are still pending below as to one of the five independent reasons appellants sought a declaration that the claims of lien were unenforceable—namely, that the fines at issue were the product of selective enforcement.Because we conclude that the partial summary judgment is not appealable under Florida Rule of Appellate Procedure 9.110(k), this appeal is dismissed for lack of jurisdiction. See Mendez v. W. Flagler Family Ass’n, 303 So. 2d 1, 5 (Fla. 1974) (“[P]iecemeal appeals should not be permitted where claims are legally interrelated and in substance involve the same transaction.”); Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39, 40 (Fla. 4th DCA 1987) (a partial summary judgment “is not appealable where there is any interrelated claim involving the same transaction and parties remaining in the suit”); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011) (“The test to determine whether counts of a multi-count complaint are so interrelated as to preclude a piecemeal appeal is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts.” (citation and internal quotation marks omitted)).ORDERED, further, that appellee Footbridge Homeowners Association’s motion for attorney’s fees dated October 25, 2018 is denied without prejudice to moving for appellate attorney’s fees in any subsequent appeal of a final order arising out of this litigation.TAYLOR, CONNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2018-12-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2018-12-13
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that appellants shall show cause in writing, if any there be, within ten (10) days from the date of this order, why this appeal should not be dismissed for lack of appellate jurisdiction.The trial court entered partial summary judgment against appellants on Count I of their complaint and on “four of the five independent reasons” set forth in Counts III and IV as to why appellants sought a declaration that certain claims of lien were unenforceable.Thus, even though appellants voluntarily dismissed Counts II, V, VI, VII, and VIII, it appears that Counts III and IV are still pending below as to one of the independent reasons appellants sought a declaration that the claims of lien were unenforceable—namely, that they were the product of selective enforcement.Any response from appellants to this order shall address whether the partial summary judgment is one that disposes of a “separate and distinct cause of action” so as to be appealable under Florida Rule of Appellate Procedure 9.110(k). See Mendez v. W. Flagler Family Ass’n, Inc., 303 So. 2d 1, 5 (Fla. 1974) (“[P]iecemeal appeals should not be permitted where claims are legally interrelated and in substance involve the same transaction.”); Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39, 40 (Fla. 4th DCA 1987) (a partial summary judgment “is not appealable where there is any interrelated claim involving the same transaction and parties remaining in the suit”); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011) (“[P]leading or proving differing legal theories does not establish that the counts are separate and distinct for the purpose of appealability where the counts arise from a set of common facts; otherwise, the limited exception for an interlocutory appeal would consume the rule.”).No response is required from appellees unless provided for by further order.
|
|
| Docket Date |
2018-12-05
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2018-11-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2018-11-14
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2018-10-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2018-10-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **DENIED. SEE 01/09/2019 ORDER.** MOTION OF APPELLE, FOOTBRIDGE HOMEOWNERS ASSOCIATION, INC., FOR AN AWARD OF ATTORNEY'S FEES AND COSTS ON APPEAL
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2018-09-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/31/2018
|
|
| Docket Date |
2018-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2018-07-31
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ (AMENDED) 60 DAYS TO 10/01/2018
|
|
| Docket Date |
2018-07-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2018-07-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 09/01/2018
|
|
| Docket Date |
2018-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
LUCINDA SIBILLE
|
|
| Docket Date |
2018-07-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2018-07-02
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are 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 the appellants’ initial brief has not been filed with this court as of this date. 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.
|
|
| Docket Date |
2018-04-25
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter ~ DESIGNATION TO COURT REPORTER & REPORTER'S ACKNOWLEDGMENT
|
|
| Docket Date |
2018-04-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 220 PAGES (PAGES 1-210)
|
|
| Docket Date |
2018-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 06/23/2018
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2018-04-20
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
|
| Docket Date |
2018-02-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-02-14
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
THOMAS L. CHAMBERLAIN
|
|
| Docket Date |
2018-02-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
