|
GARY STEINBERG, Petitioner(s) v. FIESTA HOMEOWNERS ASSOCIATION, INC., Respondent(s).
|
4D2024-1501
|
2024-06-11
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CONO23-007731
|
Parties
| Name |
Gary Steinberg
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Hon. John Matthew Brooks Hurley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FIESTA HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Craig Minko, W. Taylor Loe
|
|
Docket Entries
| Docket Date |
2024-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Lower Court's Determination of Indigent Status
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2024-06-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2024-06-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition Certiorari
|
|
| Docket Date |
2024-07-16
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
ORDERED that the June 10, 2024 motion to consolidate is granted. Further,
ORDERED sua sponte that case number 4D24-1501 is consolidated with case numbers 4D24-0977 and 4D24-1199 and the three case numbers shall proceed under case number 4D24-0977 to proceed as a petition for writ of prohibition. See English v. McCrary, 348 So. 2d 293, 297 (Fla. 1977) (citation omitted) ("Prohibition lies to prevent an inferior tribunal from acting in excess of jurisdiction but not to prevent an erroneous exercise of jurisdiction."); see also Fla. R. App. P. 9.040(c). Further,
ORDERED that Petitioner's motion filed on June 5, 2024 in case number 4D24-0977 is denied. Further,
ORDERED that the petitions filed on April 17, 2024, May 13, 2024, and June 12, 2024, are denied.
KLINGENSMITH, C.J., GERBER and LEVINE, JJ., concur.
|
| View |
View File
|
|
|
|
GARY STEINBERG, Petitioner(s) v. FIESTA HOMEOWNERS ASSOCIATION, INC., Respondent(s).
|
4D2024-1199
|
2024-05-13
|
Closed
|
|
| Classification |
Original Proceedings - County Civil - Mandamus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO23-007731
|
Parties
| Name |
Gary Steinberg
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
FIESTA HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Craig Minko, W. Taylor Loe
|
|
| Name |
Hon. John Matthew Brooks Hurley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
|
| Docket Date |
2024-05-16
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Order on Request for Emergency Treatment
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Determination of Indigent Status
|
|
| Docket Date |
2024-05-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
|
| Docket Date |
2024-05-13
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
|
| Docket Date |
2024-05-13
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus
|
|
| Docket Date |
2024-07-16
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
ORDERED that the June 10, 2024 motion to consolidate is granted. Further,
ORDERED sua sponte that case number 4D24-1501 is consolidated with case numbers 4D24-0977 and 4D24-1199 and the three case numbers shall proceed under case number 4D24-0977 to proceed as a petition for writ of prohibition. See English v. McCrary, 348 So. 2d 293, 297 (Fla. 1977) (citation omitted) ("Prohibition lies to prevent an inferior tribunal from acting in excess of jurisdiction but not to prevent an erroneous exercise of jurisdiction."); see also Fla. R. App. P. 9.040(c). Further,
ORDERED that Petitioner's motion filed on June 5, 2024 in case number 4D24-0977 is denied. Further,
ORDERED that the petitions filed on April 17, 2024, May 13, 2024, and June 12, 2024, are denied.
KLINGENSMITH, C.J., GERBER and LEVINE, JJ., concur.
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| View |
View File
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|
|
|
GARY STEINBERG, Petitioner(s) v. FIESTA HOMEOWNERS ASSOCIATION, INC., Respondent(s).
|
4D2024-0977
|
2024-04-17
|
Closed
|
|
| Classification |
Original Proceedings - County Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO23-007731
|
Parties
| Name |
Gary Steinberg
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
FIESTA HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Mark David Tinker, Brandon James Tyler, Craig Minko, W. Taylor Loe
|
|
| Name |
Hon. John Matthew Brooks Hurley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO COURT ORDER OF MAY 30, 2024 TO OBTAIN COPY OF APRIL 9 HEARING TRANSCRIPT
|
|
| Docket Date |
2024-06-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
|
| Docket Date |
2024-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
NOTICE OF JOINDER IN MOTION TO CONSOLIDATE
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Order on Request for Emergency Treatment
|
| View |
View File
|
|
| Docket Date |
2024-06-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION TO ORDER THE WITHDRAWAL
OF THE LOWER TRIBUNAL'S ORDER OF JUNE 3, 2024 AND TO ORDER
THE IMMEDIATE REMOVAL OF JUDGE HURLEY FROM ALL MATTERS
INVOLVING PETITIONER
|
|
| Docket Date |
2024-05-30
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Judicial Notice
|
| Description |
Order on Motion/Request for Judicial Notice
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-05-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO PETITIONER'S MOTION TO COMPEL OR TO SUPPLEMENT THE RECORD
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Petitioner's Motion To Compel or alternatively Motion to Supplement the Record
|
|
| Docket Date |
2024-05-02
|
| Type |
Motion
|
| Subtype |
Request-Judicial Notice
|
| Description |
Request for Judicial Notice
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Motion
|
| Subtype |
Request-Judicial Notice
|
| Description |
Request for Judicial Notice
|
| View |
View File
|
|
| Docket Date |
2024-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-04-17
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-04-17
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
|
| Docket Date |
2024-04-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2024-04-17
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
|
| Docket Date |
2024-07-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that the June 10, 2024 motion to consolidate is granted; further,
ORDERED sua sponte that case number 4D24-1501 is consolidated with case numbers 4D24-0977 and 4D24-1199 and the three case numbers shall proceed under case number 4D24-0977 to proceed as
a petition for writ of prohibition. See English v. McCrary, 348 So. 2d 293, 297 (Fla. 1977) (citation omitted) ("Prohibition lies to prevent an inferior tribunal from acting in excess of jurisdiction but not to prevent an
erroneous exercise of jurisdiction."); see also Fla. R. App. P. 9.040(c); further,
ORDERED that the petitions filed on April 17, 2024, May 13, 2024, and June 12, 2024, are denied; further,
ORDERED that the Petitioner's motion filed on June 5, 2024 in case number 4D24-0977 is denied.
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
|
|
GARY STEINBERG, Appellant(s) v. FIESTA HOMEOWNERS ASSOCIATION, INC., Appellee(s).
|
4D2024-0437
|
2024-02-20
|
Open
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO23-7731
|
Parties
| Name |
Gary Steinberg
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FIESTA HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Craig Minko, Mark David Tinker, Brandon James Tyler
|
|
| Name |
Hon. John Matthew Brooks Hurley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Judicial Notice
|
| Description |
ORDERED that appellant's September 19, 2024 request for judicial notice is granted.
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Gary Steinberg
|
| View |
View File
|
|
| Docket Date |
2024-09-19
|
| Type |
Motion
|
| Subtype |
Request-Judicial Notice
|
| Description |
Request for Judicial Notice
|
| View |
View File
|
|
| Docket Date |
2024-09-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
|
| Docket Date |
2024-08-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-08-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-07-22
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to August 22, 2024
|
|
| Docket Date |
2024-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2024-06-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Appellant's Initial Brief
|
|
| Docket Date |
2024-06-24
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Order on Motion For Leave To File Amended Brief
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Cases
|
|
| Docket Date |
2024-06-10
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion for Leave to File Amended Initial Brief and Appendix to Initial Brief
|
|
| Docket Date |
2024-05-20
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to June 19, 2024
|
|
| Docket Date |
2024-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2024-04-25
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order on Motion For Review
|
| View |
View File
|
|
| Docket Date |
2024-04-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Review Denial of Stay
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-04-12
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review Lower Court Order Denying Appellant's Motion For Stay of Judgment
|
|
| Docket Date |
2024-04-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 528 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2024-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Compliance
|
| Description |
Notice of Compliance
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2024-02-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-02-21
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Compliance
|
| Description |
Notice of Compliance
|
|
| Docket Date |
2024-02-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-02-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-02-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
|
| Docket Date |
2024-09-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellant's September 18, 2024 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-02-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
|
|
GARY STEINBERG, Appellant(s) v. FIESTA HOMEOWNERS ASSOCIATION, INC., et al., Appellee(s).
|
4D2024-0187
|
2024-01-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-000064
|
Parties
| Name |
Gary Steinberg
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FIESTA HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Craig Minko, W. Taylor Loe, Mark David Tinker, Brandon James Tyler
|
|
| Name |
Kimberly Alexander
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jack Ben Tuter, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 916 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-02-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order
|
| View |
View File
|
|
| Docket Date |
2024-10-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-10-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-09-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION TO STAY PROCEEDINGS
|
|
| Docket Date |
2024-09-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
|
| Docket Date |
2024-06-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Reply Brief
|
| Description |
15 Days to 6/11/24
|
|
| Docket Date |
2024-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
|
| Docket Date |
2024-04-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-04-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-04-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
**Amended**Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-03-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-03-05
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
|
| Docket Date |
2024-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE "APPELLEES' STATEMENT OF JURISDICTION"
|
|
| Docket Date |
2024-02-08
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
|
| Docket Date |
2024-02-07
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-02-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to order to pay filing fee
|
|
| Docket Date |
2024-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2024-01-25
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| View |
View File
|
|
| Docket Date |
2024-01-25
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order to File Response
|
| View |
View File
|
|
| Docket Date |
2024-01-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-01-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-09-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellant's September 4, 2024 motion to stay proceedings is denied. Further,
ORDERED that Appellee's April 25, 2024 motion for 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.
|
| View |
View File
|
|
| Docket Date |
2024-02-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-01-29
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
*Amended* Jurisdictional Brief
|
| View |
View File
|
|
|
|
GARY STEINBERG, Appellant(s) v. FIESTA HOMEOWNERS ASSOCIATION, INC. Appellee(s).
|
4D2023-2298
|
2023-09-22
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO23-003447
|
Parties
| Name |
Gary Steinberg
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Steven Peter DeLuca
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FIESTA HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Craig Christopher Minko, Mark David Tinker, Brandon James Tyler
|
|
Docket Entries
| Docket Date |
2024-01-22
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
RESPONSE IN OPPOSITION TO APPELLEE'S MOTION FOR ATTORNEY FEES
|
|
| Docket Date |
2024-01-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-05-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION FOR REHEARING, CERTIFICATION, OR WRITTEN OPINION
|
|
| Docket Date |
2024-05-01
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
|
| Docket Date |
2024-05-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
MOTION FOR REHEARING, RECONSIDERATION, WRITTEN OPINION AND CERTIFICATION
|
|
| Docket Date |
2024-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
|
| Docket Date |
2024-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
|
| Docket Date |
2023-11-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 30 DAYS TO 12/21/23
|
|
| Docket Date |
2023-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2023-11-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 963 PAGES
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2023-10-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Gary Steinberg
|
| View |
View File
|
|
| Docket Date |
2023-10-23
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2023-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2023-10-02
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
|
| Docket Date |
2023-09-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document
|
|
| Docket Date |
2023-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2023-09-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-12-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-12-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
| View |
View File
|
|
|
|
GARY STEINBERG VS FIESTA HOMEOWNERS ASSOCIATION, INC.
|
4D2023-1879
|
2023-08-04
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CONO21-23076
|
Parties
| Name |
Gary Steinberg
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FIESTA HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Craig C. Minko
|
|
| Name |
Hon. Louis H. Schiff
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-08-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 15, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-08-15
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2023-08-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's August 7, 2023 determination of indigent status without prejudice to filing a new application for indigent status with the clerk of the lower tribunal.
|
|
| Docket Date |
2023-08-07
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status ~ ***STRICKEN***
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2023-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2023-08-04
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2023-08-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2023-08-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-08
|
| 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 August 3, 2023 order is a final or nonfinal appealable order, as the order appears to find entitlement to fees and costs without determining an amount. See Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994) (dismissing appeal of order entitling attorney’s fees without determining amount as not appealable); S.-Owners Ins. Co. v. Logsdon, 75 So. 3d 1270, 1270 (Fla. 4th DCA 2011) (dismissing portion of appeal regarding award of attorney’s fees as order granting entitlement to fees is not appealable). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
|
|
KIMBERLY ALEXANDER, et al. VS FIESTA HOMEOWNERS ASSOCIATION, INC., et al.
|
4D2022-2482
|
2022-09-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-000064
|
Parties
| Name |
Gary Steinberg
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Claude Clarke
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lori Press-Vidal
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SUNSTATE MANAGEMENT LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Isabella Caleron
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Eva Cudak
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Pat Cullins
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Kimberly Alexander
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph David Garrity, George L. Zinkler, III
|
|
| Name |
FIESTA HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
W. Taylor Loe, Scott A. Cole, Craig C. Minko, Kevin Michael DeMatteo, Mark D. Tinker
|
|
Docket Entries
| Docket Date |
2023-09-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-07-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-07-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2023-06-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2023-06-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's June 13, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before June 20, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-06-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's June 7, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before June 13, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-06-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2023-06-07
|
| 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 |
2023-05-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2023-05-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's May 23, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before May 31, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-05-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's May 17, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before May 24, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-05-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's May 2, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before May 17, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-05-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2023-05-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2023-04-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2023-04-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2023-03-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2023-03-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/19/23
|
|
| Docket Date |
2023-02-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2023-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 2, 2023 motion for extension of time is granted in part. Appellant shall serve the initial brief within ten (10) 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.
|
|
| Docket Date |
2023-02-02
|
| 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 |
Kimberly Alexander
|
|
| Docket Date |
2023-01-13
|
| 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 |
Kimberly Alexander
|
|
| Docket Date |
2023-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 13, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before February 2, 2023. 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.
|
|
| Docket Date |
2022-12-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's December 14, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 13, 2022. 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.
|
|
| Docket Date |
2022-12-14
|
| 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 |
Kimberly Alexander
|
|
| Docket Date |
2022-11-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 464 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-16
|
| 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 |
Kimberly Alexander
|
|
| Docket Date |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s October 4, 2022 jurisdictional brief, this appeal shall proceed. See Mekertin v. Winn Dixie Stores, Inc., 869 So. 2d 1286, 1288 (Fla. 4th DCA 2004) (finding an order granting a motion to dismiss is final and appealable where it is without prejudice to filing another, separate, action, rather than to amend the complaint in the first action).
|
|
| Docket Date |
2022-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2022-10-04
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ **AMENDED**
|
|
| Docket Date |
2022-09-30
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ ***STRICKEN***
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's September 28, 2022 statement of jurisdiction is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-09-28
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ ***STRICKEN***
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2022-09-15
|
| 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 June 29, 2022 order is an appealable final or nonfinal order, as it appears the order provides leave to amend Counts I and III. See Fla. R. App. P. 9.110(k) ("A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims."); Neptune v. Boncroft, 110 So. 3d 537 (Fla. 4th DCA 2013) (explaining an order granting a motion to dismiss, but providing leave to amend, is a nonappealable, nonfinal order). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-09-12
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2022-09-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Kimberly Alexander
|
|
| Docket Date |
2022-09-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellees’ April 27, 2023 motion for appellate 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 request for costs contained within the motion referenced above is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s November 16, 2022 motion for extension of time is granted, and 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.
|
|
| Docket Date |
2022-10-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's September 30, 2022 amended statement of jurisdiction is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-09-12
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
GARY STEINBERG VS FIESTA HOMEOWNERS ASSOCIATION, INC.
|
4D2021-3569
|
2021-12-21
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO21-023076
|
Parties
| Name |
Gary Steinberg
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph David Garrity
|
|
| Name |
FIESTA HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Mark D. Tinker, Craig C. Minko, Kevin Michael DeMatteo
|
|
| Name |
Hon. Louis H. Schiff
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's November 4, 2022 motion for rehearing and/or clarification is denied.
|
|
| Docket Date |
2022-11-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND/OR CLARIFICATION
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-10-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-10-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s June 30, 2022 motion for 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.
|
|
| Docket Date |
2022-09-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-09-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's August 29, 2022 motion for extension of time is granted, and appellant shall serve the reply brief on or before September 8, 2022. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2022-08-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-08-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2022-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellant’s June 28, 2022 motion to accept amended response to the motion to dismiss for lack of jurisdiction is granted. Further, upon consideration of appellant’s June 28, 2022 amended response, it is ORDERED that appellee’s June 16, 2022 motion to dismiss is denied.
|
|
| Docket Date |
2022-06-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2022-06-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO ACCEPT AMENDED RESPONSE TO THEMOTION TO DISMISS FOR LACK OF JURISDICTION
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-06-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-06-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2022-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2022-06-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/15/22.
|
|
| Docket Date |
2022-05-19
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-05-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-05-17
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's May 16, 2022 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-05-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-05-06
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before May 16, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's 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 |
2022-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Fiesta Homeowners Association, Inc.
|
|
| Docket Date |
2022-03-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (355 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-03-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-03-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit filed by the clerk of the lower tribunal on March 11, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2022-03-11
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF THE CLERK
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2022-02-15
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit filed by the clerk of the lower tribunal on February 7, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2022-02-07
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-12-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Gary Steinberg
|
|
| Docket Date |
2021-12-21
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-12-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-12-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Gary Steinberg
|
|
|
