|
BROKEN SOUND CLUB, INC. VS MIZNER COURT HOLDINGS, LLC and SAN MARCO HOLDINGS, LLC
|
4D2021-1320
|
2021-04-12
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA016023XXXXMB
|
Parties
| Name |
BROKEN SOUND CLUB, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Jonathan E. Kanov, Kimberly Kanoff Berman
|
|
| Name |
MIZNER COURT HOLDINGS, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Edward Colin Thompson, Cynthia G. Angelos, Christina Carlson Dodds, Ethan Loeb, Jon P. Tasso
|
|
| Name |
San Marco Court Holdings, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-12
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-06-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OPPOSITION TO MOTION TO STRIKE PORTIONS OF APPENDIX
|
| On Behalf Of |
Mizner Court Holdings, LLC
|
|
| Docket Date |
2021-06-09
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Broken Sound Club, Inc.
|
|
| Docket Date |
2021-06-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's May 20, 2021 motion for extension of time is granted, and petitioner’s reply to response to petition for writ of certiorari is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-06-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ **GRANTED, SEE 07/12/2021 ORDER** RESPONDENTS' AMENDED APPENDIX AND CORRESPONDING REFERENCES TO THE APPENDIX IN THE RESPONDENTS' AMENDED RESPONSE BRIEF
|
| On Behalf Of |
Broken Sound Club, Inc.
|
|
| Docket Date |
2021-05-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Broken Sound Club, Inc.
|
|
| Docket Date |
2021-05-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Mizner Court Holdings, LLC
|
|
| Docket Date |
2021-05-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ AMENDED
|
| On Behalf Of |
Mizner Court Holdings, LLC
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that respondents' appendix to the response to petition for writ of certiorari 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, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2021-05-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Mizner Court Holdings, LLC
|
|
| Docket Date |
2021-05-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **STRICKEN**
|
| On Behalf Of |
Mizner Court Holdings, LLC
|
|
| Docket Date |
2021-04-27
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondents shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2021-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ AMENDED CERTIFICATE OF SERVICE FOR PETITION FOR WRIT OF CERTIORARI AND APPENDIX
|
| On Behalf Of |
Broken Sound Club, Inc.
|
|
| Docket Date |
2021-04-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ SEALED DOCUMENTS FOR IN CAMERA REVIEW **IN CONFIDENTIAL**
|
|
| Docket Date |
2021-04-14
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that petitioner’s April 12, 2021 motion to file document under seal is granted. The document at issue is alleged to be protected work product and was reviewed in camera in the trial court proceedings. Within ten (10) days of this order, petitioner may file under seal a copy of the document that was reviewed in camera. Petitioner shall contact the Clerk’s Office at 561-242-2000 to coordinate the time and manner of filing to ensure proper handling by the court. The document shall be accompanied by a cover page referencing this order and that the documents are being filed under seal and not subject to disclosure.
|
|
| Docket Date |
2021-04-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2021-04-12
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
| Docket Date |
2021-04-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ *UNOPPOSED MOTION TO FILE DOCUMENT UNDER SEAL
|
|
| Docket Date |
2021-04-12
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Broken Sound Club, Inc.
|
|
| Docket Date |
2021-04-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-07-12
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the April 12, 2021 petition for writ of certiorari is denied. Further, ORDERED that "Petitioner's Motion to Strike Respondents' Amended Appendix and Corresponding References to the Appendix in the Respondents' Amended Response Brief" is granted. The court notes that it has not considered the improper documents and references in its denial of the petition for writ of certiorari.MAY, DAMOORGIAN and GERBER, JJ., concur.
|
|
|
|
MARLA SHARE VS BROKEN SOUND CLUB, INC.
|
4D2020-1244
|
2020-05-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA004625XXXXMB
|
Parties
| Name |
Marla Share
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Stephen Joseph Padula, Joshua Scott Widlansky
|
|
| Name |
BROKEN SOUND CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ryan Alan Roman, MICHAEL CONSTANTINE MARSH, Lora A Esau, Robert E. O'Connell, Dale W. Schley, Eric D. Coleman
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-03-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-03-10
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s August 28, 2020 motion for appellate attorneys’ 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 cost filed by Ryan Alan Roman is denied without prejudice to seek cost in the trial court.
|
|
| Docket Date |
2021-03-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-12-01
|
| 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 |
2020-09-21
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Marla Share
|
|
| Docket Date |
2020-09-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Marla Share
|
|
| Docket Date |
2020-09-17
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant’s reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds the page limit. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order.
|
|
| Docket Date |
2020-08-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
| On Behalf Of |
Broken Sound Club, Inc.
|
|
| Docket Date |
2020-08-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLEE'S MOTION FOR ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
Broken Sound Club, Inc.
|
|
| Docket Date |
2020-08-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Broken Sound Club, Inc.
|
|
| Docket Date |
2020-07-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Marla Share
|
|
| Docket Date |
2020-07-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Marla Share
|
|
| Docket Date |
2020-07-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Marla Share
|
|
| Docket Date |
2020-07-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2,688 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-05-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Marla Share
|
|
| Docket Date |
2020-05-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
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ALEXANDRE R. DE PAIVA and VIVANE A. DE PAIVA VS BROKEN SOUND CLUB, INC.
|
4D2019-2042
|
2019-06-27
|
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
502018CA012917XXXXMB
|
Parties
| Name |
Alex R. De Paiva
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
VIVANE A. DE PAIVA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BROKEN SOUND CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dale W. Schley
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-08-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2019-07-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED that appellants Alexandre De Paiva’s July 16, 2019 affidavit of indigent status and Vivane De Paiva’s July 16, 2019 affidavit of indigent status are stricken as unauthorized without prejudice to filing applications for indigent status with the clerk of the lower tribunal. Further, ORDERED that appellants’ July 17, 2019 “addendum to contract” is stricken as unauthorized.
|
|
| Docket Date |
2019-07-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ADDENDUM TO CONTRACT
|
| On Behalf Of |
Alex R. De Paiva
|
|
| Docket Date |
2019-07-16
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF INDIGENT STATUS
|
| On Behalf Of |
Alex R. De Paiva
|
|
| Docket Date |
2019-07-10
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ Upon consideration of appellants’ July 8, 2019 response, it appears that the appellants are appealing an order granting a motion for summary judgment, which is a nonappealable, nonfinal order. Appellants 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.
|
|
| Docket Date |
2019-07-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (AMENDED)
|
| On Behalf Of |
Alex R. De Paiva
|
|
| Docket Date |
2019-07-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Alex R. De Paiva
|
|
| Docket Date |
2019-06-28
|
| 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, 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, 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 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 Circuit Court 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 Circuit Court 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-06-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Alex R. De Paiva
|
|
| Docket Date |
2019-06-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
|
|
BROKEN SOUND CLUB, INC. VS MIZNER COURT HOLDINGS, LLC, et al.
|
4D2019-0738
|
2019-03-15
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA000864XXXXMB
|
Parties
| Name |
BROKEN SOUND CLUB, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Michael W. Moskowitz, Arthur Evan Lewis, Todd Alan Armbruster
|
|
| Name |
BROKEN SOUND MASTER ASSOCIATION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SAN MARCO HOLDINGS LLC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
MIZNER COURT HOLDINGS, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jonathan Bloom, Jon P. Tasso, Ariel R. Deray, Edward Colin Thompson, Franklin L. Zemel
|
|
Docket Entries
| Docket Date |
2019-03-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-03-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed as moot. The trial court has not ruled on any privilege objections. Pursuant to rule 1.280(b)(5), Petitioner is not precluded from raising privilege objections and filing a privilege log below. The court’s order determined only that the information is “otherwise discoverable.” See Gosman v. Luzinski, 937 So. 2d 293, 295 (Fla. 4th DCA 2006); DLJ Mortg. Capital, Inc. v. Fox, 112 So. 3d 644, 646 (Fla. 4th DCA 2013) (“Petitioner did not waive its right to assert privilege on the items described by failing to file a privilege log, because the time for filing the log was tolled until the court ruled on the other objections.”).TAYLOR, CIKLIN and LEVINE, JJ., concur.
|
|
| Docket Date |
2019-03-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2019-03-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-03-15
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY*
|
|
| Docket Date |
2019-03-15
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
Broken Sound Club, Inc.
|
|
|
|
MIZNER COURT HOLDINGS, LLC and SAN MARCO COURT HOLDINGS, LLC VS COUNTRY CLUB MAINTENANCE ASSOCIATION, INC., et al.
|
4D2018-3715
|
2018-12-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA000864
|
Parties
| Name |
San Marco Court Holdings, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MIZNER COURT HOLDINGS, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Edward Colin Thompson, Michael Joseph Labbee, Ethan Loeb, Jon P. Tasso
|
|
| Name |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Arthur Evan Lewis, Ariel R. Deray, Michael W. Moskowitz, Alan Richard Poppe, Franklin L. Zemel, Todd Alan Armbruster, Jonathan Bloom
|
|
| Name |
BROKEN SOUND CLUB, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FEINROSE CLINT MOORE, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BROKEN SOUND MASTER ASSOCIATION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Peter D. Blanc
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-04-24
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2019-04-24
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the petition for writ of certiorari is denied on the merits. The petitioners have not shown that the claims in this case are inextricably interwoven such that there is a clear risk of inconsistent verdicts. See Martinique Condos., Inc. v. Short, 230 So. 3d 1268, 1270 (Fla. 5th DCA 2017); Minty v. Meister Financialgroup, Inc., 97 So. 3d 926, 931 (Fla. 4th DCA 2012). This order is without prejudice to the trial court proceeding on the petitioners’ motion to set aside the severance order. Further,ORDERED that respondent Country Club Maintenance Association, Inc., d/b/a Broken Sound Master Association’s February 14, 2019 motion for attorneys’ fees is granted conditioned on the trial court determining that respondent is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the petitioners’ March 12, 2019 motion for attorneys’ fees is granted in part, under section 720.305(1), Florida Statutes, conditioned on the trial court determining that the petitioners are the prevailing parties and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. The petitioners’ motion for attorneys’ fees is otherwise denied.MAY, CIKLIN and CONNER, JJ., concur.
|
|
| Docket Date |
2019-03-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PETITIONERS' MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
|
| Docket Date |
2019-03-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **GRANTED IN PART. SEE 04/24/2019 ORDER.** **RESPONSE FILED 03/22/2019**
|
| On Behalf Of |
Mizner Court Holdings, LLC
|
|
| Docket Date |
2019-03-11
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Mizner Court Holdings, LLC
|
|
| Docket Date |
2019-03-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Supplement ~ SUPPLEMENTAL BRIEF
|
| On Behalf Of |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
|
| Docket Date |
2019-03-01
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ APPENDIX TO ITS SUPPLEMENTAL RESPONSE BRIEF
|
| On Behalf Of |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
|
| Docket Date |
2019-02-21
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that respondent Country Club Maintenance Association’s February 20, 2019 motion to supplement its response is granted. Respondent shall file its supplement, not to exceed five (5) pages, within ten (10) days from the date of this order. Further, ORDERED that petitioners’ February 14, 2019 motion for extension of time to file a reply is granted. Petitioners shall file their reply within ten (10) days after service of the supplement to the response.
|
|
| Docket Date |
2019-02-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO SUPPLEMENT RESPONSE TO PETITION FOR WRIT OF CERTIORARI BASED UPON CHANGE IN CIRCUMSTANCES
|
| On Behalf Of |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
|
| Docket Date |
2019-02-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE THEIR REPLY IN SUPPORT OF CERTIORARI REVIEW
|
| On Behalf Of |
Mizner Court Holdings, LLC
|
|
| Docket Date |
2019-02-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **GRANTED. SEE 04/24/2019 ORDER.**
|
| On Behalf Of |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
|
| Docket Date |
2019-02-12
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
|
| Docket Date |
2019-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
|
| Docket Date |
2019-02-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
|
| Docket Date |
2019-02-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the respondent's appendix to the response to order to show cause 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 text searchable. 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 |
2019-02-08
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **STRICKEN**
|
| On Behalf Of |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
|
| Docket Date |
2019-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
COUNTRY CLUB MAINTENANCE ASSOCIATION, INC.
|
|
| Docket Date |
2019-01-24
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent, Country Club Maintenance Association, Inc. d/b/a Broken Sound Master Association shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2018-12-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2018-12-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-12-19
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Mizner Court Holdings, LLC
|
|
| Docket Date |
2018-12-19
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Mizner Court Holdings, LLC
|
|
| Docket Date |
2018-12-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
