| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA014115
|
Parties
| Name |
Norman Mesnikoff
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Meryl Lanson
|
|
| Name |
Yulieth Rodriguez
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Michael McCarthy, CEO/GM
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADDISON RESERVE COUNTRY CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Steven Kugler
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joshua A. Goldstein, Kenneth E. Chase, Zackary Slankard, Sheena D. Smith
|
|
| 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 |
2020-05-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-04-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Norman Mesnikoff
|
|
| Docket Date |
2020-06-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDRED that appellees’ May 15, 2020 “second motion to dismiss appeal in light of appellant’s failure to file initial brief and violations of court orders” is granted, and the above-styled appeal is dismissed for lack of prosecution.LEVINE, C.J., DAMOORGIAN and FORST, JJ., concur.
|
|
| Docket Date |
2020-05-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Steven Kugler
|
|
| Docket Date |
2020-05-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Steven Kugler
|
|
| Docket Date |
2020-05-15
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit Record on Appeal filed by the clerk of the lower tribunal on May 6, 2020, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment and preparation of the record on appeal.
|
|
| Docket Date |
2020-05-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Norman Mesnikoff
|
|
| Docket Date |
2020-04-16
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit Record on Appeal filed by the clerk of the lower tribunal on April 8, 2020, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment and preparation of the record on appeal.
|
|
| Docket Date |
2020-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s April 3, 2020 response and appellee’s April 6, 2020 reply, it is ORDERED that appellee’s February 27, 2020 “motion to dismiss appeal for appellant's failure to file initial brief” is denied. Further, ORDERED that appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. All future filings shall either be signed by an attorney or the pro se appellant.
|
|
| Docket Date |
2020-04-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-04-06
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Steven Kugler
|
|
| Docket Date |
2020-04-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Norman Mesnikoff
|
|
| Docket Date |
2020-03-19
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellees’ February 27, 2020 motion to dismiss.
|
|
| Docket Date |
2020-02-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Steven Kugler
|
|
| Docket Date |
2020-01-13
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Norman Mesnikoff
|
|
| Docket Date |
2020-01-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED that appellant’s January 13, 2020 amended notice of appeal is treated as a reply to appellee’s response to the motion to stay and is stricken as unauthorized.
|
|
| Docket Date |
2020-01-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEE'S UPDATE TO THE COURT REGARDING JURISDICTION
|
| On Behalf Of |
Steven Kugler
|
|
| Docket Date |
2020-01-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ SUPPLEMENTAL
|
| On Behalf Of |
Norman Mesnikoff
|
|
| Docket Date |
2019-12-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Norman Mesnikoff
|
|
| Docket Date |
2019-12-12
|
| 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 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 “order on defendants’ motion to dismiss first amended complaint, defendants’ motion for summary judgment, plaintiff’s motion to strike, plaintiff’s motion for continuance, and plaintiff’s motion to withdraw as attorney for plaintiff” is an appealable order as: (1) the order grants the motion to dismiss with leave to amend, Neptune v. Boncroft, 110 So. 3d 537, 538 (Fla. 4th DCA 2013) (orders granting motions to dismiss and affording leave to amend are non-final and non-appealable); (2) the order merely grants the motions to dismiss and for summary judgment without dismissing the cause or entering judgment for or against a party, Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); (3) counts remain pending that may be interrelated to the disposed of counts, Taddie Underground Utility Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986) (as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); and (4) an order denying a motion for continuance is not appealable, Thompson v. Deane, 703 So. 2d 1215, 1216 (Fla. 5th DCA 1997); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-12-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Norman Mesnikoff
|
|
| Docket Date |
2019-12-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
