|
TOBY'S LEGACY CRITTER CREEK RANCH FOUNDATION, INC., Appellant(s) v. RANDY DENCHFIELD, et al., Appellee(s).
|
4D2024-1013
|
2024-04-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432022CP001052
|
Parties
| Name |
TOBY'S LEGACY CRITTER CREEK RANCH FOUNDATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Dean Morande
|
|
| Name |
Randy Denchfield
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Edgar Sherrard, Trevor Johnson Sherrard, Scott Konopka, Jason Patrick Blevins
|
|
| Name |
Susan Denchfield
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Regan Lillian Roman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CRITTER CREEK RANCH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Timothy Morell
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mildred W. Olson Living Trust dated June 18, 2015
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Thomas Ciambrone, III
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael Joseph McNicholas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Martin Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that this appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.110(k), as the dismissed counts arise from a common set of facts as the remaining counts of the complaint.
|
| View |
View File
|
|
| Docket Date |
2024-05-29
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appellees' Appendix in Support of the Response to Appellants' Response to the April 24 Order Regarding Jurisdiction
|
| On Behalf Of |
Randy Denchfield
|
|
| Docket Date |
2024-05-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellees' Response to Appellants' Response to the April 24 Order Regarding Appellate Jurisdiction
|
| On Behalf Of |
Randy Denchfield
|
|
| Docket Date |
2024-05-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix in Support of Response to April 24 Order Regarding Appellate Jurisdiction
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2024-05-20
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Response to April 24 Order Regarding Appellate Jurisdiction
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2024-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Appellant's May 1, 2024 motion for extension of time is granted, and the time for filing a response to this court's April 24, 2024 order is extended to and including May 20, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response to April 24 Order
|
|
| Docket Date |
2024-04-26
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of the April 24, 2024 notice of related cases, case numbers 4D2024-1013 and 4D2024-0867 are consolidated only for purposes of assignment to the same appellate panel.
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2024-04-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-04-24
|
| 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 March 13, 2024 order is a final appealable order, as it appears to merely grant a motion to dismiss two counts of a complaint, leaving multiple remaining counts against multiple defendants. See Mendez v. W. Flagler Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974) ("We adhere to the rule that piecemeal appeals should not be permitted where claims are legally interrelated and in substance involve the same transaction."); 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."); Perry v. Perry, 976 So. 2d 1151, 1153 (Fla. 4th DCA 2008) (dismissing piecemeal appeal of order dismissing one count of a multi-count complaint in a probate proceeding where each count rested on a common, single transaction). Further, Appellees may file a response within ten (10) days of service of that statement.
|
| View |
View File
|
|
|
|
TOBY'S LEGACY CRITTER CREEK RANCH FOUNDATION, INC., et al., Appellant(s) v. RANDY DENCHFIELD, et al., Appellee(s).
|
4D2024-0867
|
2024-04-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432022CP001052
|
Parties
| Name |
TOBY'S LEGACY CRITTER CREEK RANCH FOUNDATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Dean Morande
|
|
| Name |
CRITTER CREEK RANCH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Timothy J. Morell
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Timothy James Morell
|
|
| Name |
Mildred W. Olson Living Trust dated June 18, 2015
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Thomas Ciambrone, III
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Randy Denchfield
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Edgar Sherrard, Trevor Johnson Sherrard, Scott Konopka, Jason Patrick Blevins
|
|
| Name |
Susan Denchfield
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Regan Lillian Roman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael Joseph McNicholas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Martin Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal PGS. 1- 5,140
|
| On Behalf Of |
Martin Clerk
|
|
| Docket Date |
2024-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order on Motion For Review
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion for Review
|
|
| Docket Date |
2024-06-11
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
|
| Docket Date |
2024-05-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Amended Appendix
|
| On Behalf Of |
Randy Denchfield
|
|
| Docket Date |
2024-05-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-05-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Randy Denchfield
|
|
| Docket Date |
2024-05-23
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Appellees' Response to Appellants' Response to the April 17 Order Regarding Appellate Jurisdiction
|
| On Behalf Of |
Randy Denchfield
|
| View |
View File
|
|
| Docket Date |
2024-05-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellants' Response to April 17 Order Regarding Appellate Jurisdiction
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2024-04-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
|
| Docket Date |
2024-04-26
|
| Type |
Order
|
| Subtype |
Order on Consolidation
|
| Description |
ORDERED that, upon consideration of the April 24, 2024 notice of related cases, case numbers 4D2024-1013 and 4D2024-0867 are consolidated only for purposes of assignment to the same appellate panel.
|
| View |
View File
|
|
| Docket Date |
2024-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2024-04-17
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Order to File Response re Jurisdiction
|
| View |
View File
|
|
| Docket Date |
2024-04-08
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-04-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-06-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that, upon consideration of appellants' May 15, 2024 jurisdictional brief and appellees' May 23, 2024 response, this appeal is dismissed for lack of jurisdiction. See Klingensmith v. Ferd and Gladys Alpert Jewish Family, 997 So. 2d 436, 437-38 (Fla. 4th DCA 2009) (holding that a circuit court finding that a party has standing to file a claim does not finally determine whether that party is an interested person in a case).
|
| View |
View File
|
|
| Docket Date |
2024-05-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appellants' Appendix in Support of Response to April 17 Order Regarding Appellate Jurisdiction
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2024-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Appellants' April 29, 2024 motion for extension of time is granted, and the time for filing the jurisdictional brief is extended fourteen (14) days from the date of this order.
|
| View |
View File
|
|
|
|
TOBY'S LEGACY CRITTER CREEK RANCH FOUNDATION, INC., et al. VS RANDY DENCHFIELD and SUSAN DENCHFIELD
|
4D2021-1661
|
2021-05-20
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
21-000177CA
|
Parties
| Name |
TOBY'S LEGACY CRITTER CREEK RANCH FOUNDATION, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Howard K. Heims, Timothy J. Morell, Virginia P. Sherlock
|
|
| Name |
Mildred W. Olson Living Trust, dated June 18, 2015,
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Timothy J. Morell
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Randy Denchfield
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
John Edgar Sherrard
|
|
| Name |
Susan Denchfield
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Gary L. Sweet
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that petitioner's July 26, 2021 motion for rehearing, rehearing en banc, clarification, certification, and written opinion is denied.
|
|
| Docket Date |
2021-08-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Randy Denchfield
|
|
| Docket Date |
2021-07-26
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ CLARIFICATION; CERTIFICATION;WRITTEN OPINION
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2021-07-09
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-07-09
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the May 20, 2021 petition for writ of certiorari is denied.CIKLIN, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
| Docket Date |
2021-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that respondent's June 15, 2021 motion is granted. The amended response filed June 15, 2021 is accepted. Further,ORDERED that petitioners' June 14, 2021 motion to strike is denied without prejudice for petitioners to present their argument in the reply.
|
|
| Docket Date |
2021-06-21
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2021-06-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **AMENDED**
|
| On Behalf Of |
Randy Denchfield
|
|
| Docket Date |
2021-06-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **PROPOSED** **AMENDED**
|
| On Behalf Of |
Randy Denchfield
|
|
| Docket Date |
2021-06-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2021-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that respondents’ appendix to the response 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 fully text searchable, 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 |
2021-06-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Randy Denchfield
|
|
| Docket Date |
2021-06-08
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ **STRICKEN**
|
| On Behalf Of |
Randy Denchfield
|
|
| Docket Date |
2021-06-01
|
| 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 should not be granted. Petitioners may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2021-05-24
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2021-05-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Randy Denchfield
|
|
| Docket Date |
2021-05-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2021-05-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of certiorari is stricken as not in compliance with Florida Rule of Appellate 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 |
2021-05-20
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
Toby's Legacy Critter Creek Ranch Foundation, Inc.
|
|
| Docket Date |
2021-05-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-05-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***STRICKEN****FILING FEE PAID ELECTRONICALLY*
|
|
|
