Docket Date |
2015-01-30
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Grant Voluntary Dismissal (Joint) ~ Pursuant to the stipulation for voluntary dismissal filed January 23, 2015, this appeal is dismissed; further,ORDERED that appellee, James D. Evans's motion for award of appellate attorney's fees and costs filed September 23, 2014 is hereby determined to be moot as pursuant to the voluntary dismissal each party shall bear responsibility for its own attorneys' fees and costs incurred in this appeal.
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|
Docket Date |
2015-01-30
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
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Docket Date |
2015-01-23
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Motion For Stipulation of Dismissal
|
On Behalf Of |
STUART FINKELSTEIN
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Docket Date |
2014-10-13
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
STUART FINKELSTEIN
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|
Docket Date |
2014-10-13
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ AA Joseph R. Gosz 0570311
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|
Docket Date |
2014-09-23
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
JAMES D. EVANS
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|
Docket Date |
2014-09-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ (MOOT)
|
On Behalf Of |
JAMES D. EVANS
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|
Docket Date |
2014-09-18
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ **FINAL** ORDERED that appellee James D. Evans' motion filed August 25, 2014, to supplement record and for extension of time to file answer brief is granted. The proposed supplemental record is deemed filed on the date of the entry of this order. The appellee shall file an answer brief within ten (10) days from the date of this order. No further extensions shall be granted; further, ORDERED that appellee's August 12, 2014, motion for extension of time to file answer brief is denied as moot.
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Docket Date |
2014-09-18
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ ONE (1) VOLUME ("NOTICE OF FILING") **SEE 9/18/14 ORDER**
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On Behalf Of |
JAMES D. EVANS
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|
Docket Date |
2014-09-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO AMENDED MOTION FOR EXT. OF TIME
|
On Behalf Of |
STUART FINKELSTEIN
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|
Docket Date |
2014-08-25
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief ~ (GRANTED 9/18/14)
|
On Behalf Of |
JAMES D. EVANS
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|
Docket Date |
2014-08-19
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte, Marc A. Silverman, Esquire's, Notice of Unavailability filed August 12, 2014, is hereby stricken as unauthorized.
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Docket Date |
2014-08-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO MOTION FOR EXT. OF TIME
|
On Behalf Of |
STUART FINKELSTEIN
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|
Docket Date |
2014-08-12
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ (DENIED AS MOOT 9/18/14)
|
On Behalf Of |
JAMES D. EVANS
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|
Docket Date |
2014-08-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY
|
On Behalf Of |
JAMES D. EVANS
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|
Docket Date |
2014-07-10
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Order Denying Emergency Motion to Stay ~ ORDERED that appellants' emergency renewed motion filed July 8, 2014, for stay pending review is hereby denied.
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|
Docket Date |
2014-07-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 08/14/14
|
On Behalf Of |
JAMES D. EVANS
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|
Docket Date |
2014-07-09
|
Type |
Order
|
Subtype |
Order on Request for Emergency Treatment
|
Description |
Denying Request for Emergency Treatment ~ Appellants' request for emergency treatment filed July 8, 2014, is hereby denied. The Court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
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Docket Date |
2014-07-08
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ (DENIED 7/10/14)
|
On Behalf Of |
STUART FINKELSTEIN
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|
Docket Date |
2014-06-23
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
STUART FINKELSTEIN
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|
Docket Date |
2014-06-13
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ SIX (6) VOLUMES
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Docket Date |
2014-06-02
|
Type |
Order
|
Subtype |
Order re Stay
|
Description |
Stay is lifted, case to proceed ~ Upon consideration of appellants' motion filed May 19, 2014, to lift stay, it isORDERED that the bankruptcy stay entered on April 17, 2014, is lifted and the above-styled appeal shall proceed; further,ORDERED that court reporter's request for an extension of time for preparation of the transcript filed March 13, 2014, is granted; further, ORDERED that the clerk's motion filed March 18, 2014, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended thirty (30) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
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Docket Date |
2014-05-23
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ DISMISSAL OF BANKRUPTCY AND NOTICE THAT APPEAL MAY PROCEED
|
On Behalf Of |
JAMES D. EVANS
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|
Docket Date |
2014-05-19
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO LIFT STAY (STAY LIFTED-SEE 6/2/14 ORDER)
|
On Behalf Of |
STUART FINKELSTEIN
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|
Docket Date |
2014-04-17
|
Type |
Order
|
Subtype |
Order Bankruptcy
|
Description |
ORD-Case Stayed Pending Bankruptcy ~ **STAY LIFTED 6/2/14** ORDERED that appellants' motion filed April 2, 2014, for extension of time is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and Parties, Paragraph 1 and 2; further, A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. section 362, it is ORDERED:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellee, James D. Evans, shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this Court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellee, James D. Evans, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this Court as to the status of the bankruptcy case.
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|
Docket Date |
2014-04-02
|
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 |
STUART FINKELSTEIN
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|
Docket Date |
2014-03-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
STUART FINKELSTEIN
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|
Docket Date |
2014-03-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record
|
Description |
Motion Extension of Time To Complete ROA ~ (GRANTED 6/2/14)
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|
Docket Date |
2014-03-13
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Extension of Time for Court Reporter
|
Description |
Mot for EOT to File Court Reporter Note ~ (GRANTED 6/2/14)
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Docket Date |
2014-03-05
|
Type |
Order
|
Subtype |
Show Cause re Bankruptcy
|
Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties, within twenty (20) days of the date of this order, shall show cause, if any, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. section 362. If a party believes that no such cause exists, that party need not file a response.
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Docket Date |
2014-02-28
|
Type |
Notice
|
Subtype |
Suggestion of Bankruptcy
|
Description |
Suggestion of Bankruptcy
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|
Docket Date |
2014-02-21
|
Type |
Order
|
Subtype |
Order to Register/Update eDCA
|
Description |
Counsel to register with eDCA ~ Be advised that Mark D. Cohen has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
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Docket Date |
2014-02-20
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte, appellants' Reply to Response filed February 18, 2014, is hereby stricken as unauthorized.
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|
Docket Date |
2014-02-19
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Order Denying Emergency Motion to Stay ~ ORDERED that that relief requested in appellants' emergency motion filed February 12, 2014, for stay pending review is hereby denied.
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|
Docket Date |
2014-02-18
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO EMERGENCY MOTION FOR STAY. AE Marc A. Silverman 0144444
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On Behalf Of |
STUART FINKELSTEIN
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Docket Date |
2014-02-18
|
Type |
Order
|
Subtype |
Order to Register/Update eDCA
|
Description |
Counsel to register with eDCA ~ Be advised that Robert T. Slatoff and Mark D. Cohen have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
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Docket Date |
2014-02-18
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
JAMES D. EVANS
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|
Docket Date |
2014-02-13
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, by noon on Tuesday, February 18, 2014, to appellants¿ emergency motion for stay pending review filed February 12, 2014.
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|
Docket Date |
2014-02-12
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement ~ AA Joseph R. Gosz 0570311
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|
Docket Date |
2014-02-12
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ (DENIED 2/19/14)
|
On Behalf Of |
STUART FINKELSTEIN
|
|
Docket Date |
2014-02-04
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2014-01-28
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
STUART FINKELSTEIN
|
|
Docket Date |
2014-01-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
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|