|
ALFIE'S GUN RANGE, LLC, Appellant(s) v. SHEAR AND ZACCO, LLP, WESTON ARMS US INC., and ALFRED FELICIANO, Appellee(s).
|
4D2023-0910
|
2023-04-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-006699
|
Parties
| Name |
ALFIE'S GUN RANGE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexis Fields, Yasir Billoo, David L. Ferguson
|
|
| Name |
Shear and Zacco, LLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeffrey A. Rynor, Karen E. Berger
|
|
| Name |
WESTON ARMS US, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Alfred Feliciano
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2024-01-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
At the request of the parties, this case is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Stipulation for Dismissal
|
|
| Docket Date |
2024-01-10
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
ORDERED that Appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the stay of the above-styled appeal.
|
| View |
View File
|
|
| Docket Date |
2023-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant's December 1, 2023 status report is treated as a motion to extend the stay and is granted. The above-styled appeal is stayed thirty (30) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2023-12-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-11-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
ORDERED that Appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the stay of the above-styled appeal.
|
| View |
View File
|
|
| Docket Date |
2023-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant's October 11, 202 status report is treated as a motion to extend the stay and is granted. The above-styled appeal is stayed thirty (30) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2023-10-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-09-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the stay of the above-styled appeal.
|
| View |
View File
|
|
| Docket Date |
2023-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant's August 16, 2023 motion to stay is granted, and the above-styled appeal is stayed for thirty (30) days from the date of this order.
|
|
| Docket Date |
2023-08-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ NOTICE OF SETTLEMENT AND MOTION FOR STAY OF APPEAL
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-07-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellee Shear and Zacco, LLP’s notice of agreed extension of time is stricken as prematurely filed as the initial brief has not been filed and 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.”).
|
|
| Docket Date |
2023-07-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/16/2023
|
|
| Docket Date |
2023-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-07-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 3,307 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-06-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-06-23
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the notice of inability to transmit the record filed by the clerk of the lower tribunal on June 13, 2023, 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 and preparation of the record on appeal.
|
|
| Docket Date |
2023-04-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Shear and Zacco, LLP
|
|
| Docket Date |
2023-04-14
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED sua sponte that the parties are directed to show cause, within ten (10) days from the date of this order, as to why case number 4D23-295, 4D23-340, and 4D23-910 should not be consolidated for purposes of assignment to the same appellate panel for review.
|
|
| Docket Date |
2023-04-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-04-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ Upon consideration of appellee Shear and Zacco Properties, LLP’s April 19, 2023 response and appellant Alfie’s Gun Range LLC’s April 24, 2023 response, it is ORDERED that case number 4D23-295, 4D23-340, and 4D23-910 are consolidated for purposes of assignment to the same appellate panel for review. Further, ORDERED that appellee’s requests provided in the response are denied. Further, ORDERED that appellant’s April 10, 2023 motion for clarification is granted. The order denying intervention and the order granting a motion directing the sheriff to execute the writ of possession are to be reviewed in this consolidated appeal. The record will be prepared in accordance with Florida Rule of Appellate Procedure 9.110. The initial brief shall be filed within seventy (70) days from the date of this order and the responsive briefs shall be filed in accordance with the schedule provided under Florida Rule of Appellate Procedure 9.110.
|
|
| Docket Date |
2023-04-12
|
| 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.
|
|
|
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WESTON ARMS US INC. and ALFRED FELICIANO, Appellant(s) v. SHEAR AND ZACCO, LLP, Appellee(s).
|
4D2023-0340
|
2023-02-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-006699
|
Parties
| Name |
WESTON ARMS US, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexis Fields, David L. Ferguson
|
|
| Name |
Alfred Feliciano
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Shear and Zacco, LLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeffrey A. Rynor, Karen E. Berger
|
|
| Name |
Hon. Florence Taylor Barner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ Upon consideration of appellee Shear and Zacco Properties, LLP’s April 19, 2023 response and appellant Alfie’s Gun Range LLC’s April 24, 2023 response, it is ORDERED that case number 4D23-295, 4D23-340, and 4D23-910 are consolidated for purposes of assignment to the same appellate panel for review. Further, ORDERED that appellee’s requests provided in the response are denied. Further, ORDERED that appellant’s April 10, 2023 motion for clarification is granted. The order denying intervention and the order granting a motion directing the sheriff to execute the writ of possession are to be reviewed in this consolidated appeal. The record will be prepared in accordance with Florida Rule of Appellate Procedure 9.110. The initial brief shall be filed within seventy (70) days from the date of this order and the responsive briefs shall be filed in accordance with the schedule provided under Florida Rule of Appellate Procedure 9.110.
|
|
| Docket Date |
2023-02-08
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2023-02-07
|
| 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 |
2023-03-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 174 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-03-24
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-02-23
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2023-02-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2024-06-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-06-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-23
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacating/Withdrawing Order
|
| View |
View File
|
|
| Docket Date |
2024-05-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
**** VACATED SEE 05/23/2024 ORDER**** ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellants' June 26, 2023 motion to supplement the record is 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 to Parties Representing Themselves, Paragraph 1.
|
|
| Docket Date |
2023-06-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2023-06-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2023-06-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 06/26/2023.
|
|
| Docket Date |
2023-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2023-05-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 06/16/2023
|
|
| Docket Date |
2023-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Shear and Zacco, LLP
|
|
| Docket Date |
2023-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2023-04-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 05/17/2023
|
|
| Docket Date |
2023-04-14
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED sua sponte that the parties are directed to show cause, within ten (10) days from the date of this order, as to why case number 4D23-295, 4D23-340, and 4D23-910 should not be consolidated for purposes of assignment to the same appellate panel for review.
|
|
| Docket Date |
2023-02-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-02-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Weston Arms US Inc.
|
|
|
|
ALFIE'S GUN RANGE, LLC, Appellant(s) v. SHEAR AND ZACCO, LLP, WESTON ARMS US INC., and ALFRED FELICIANO, Appellee(s).
|
4D2023-0295
|
2023-01-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-006699
|
Parties
| Name |
ALFIE'S GUN RANGE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
David L. Ferguson, Alexis Fields
|
|
| Name |
Shear and Zacco, LLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Karen E. Berger, C. Cory Mauro, Jeffrey A. Rynor
|
|
| Name |
Hon. Florence Taylor Barner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
WESTON ARMS US, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Alfred Feliciano
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ Upon consideration of appellee Shear and Zacco Properties, LLP’s April 19, 2023 response and appellant Alfie’s Gun Range LLC’s April 24, 2023 response, it is ORDERED that case number 4D23-295, 4D23-340, and 4D23-910 are consolidated for purposes of assignment to the same appellate panel for review. Further, ORDERED that appellee’s requests provided in the response are denied. Further, ORDERED that appellant’s April 10, 2023 motion for clarification is granted. The order denying intervention and the order granting a motion directing the sheriff to execute the writ of possession are to be reviewed in this consolidated appeal. The record will be prepared in accordance with Florida Rule of Appellate Procedure 9.110. The initial brief shall be filed within seventy (70) days from the date of this order and the responsive briefs shall be filed in accordance with the schedule provided under Florida Rule of Appellate Procedure 9.110.
|
|
| Docket Date |
2023-04-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellant’s April 10, 2023 motion to correct appendix is granted. Further,ORDERED that appellee is directed to respond, within fifteen (15) days from the date of this order, to appellant’s April 10, 2023 motion for clarification.
|
|
| Docket Date |
2023-03-28
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant's March 27, 2023 request for emergency treatment is denied. "[A]n 'emergency' is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm." Admin. Order No. 2014-1. Dispossession of property and the threat of foreclosure do not constitute irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); Rsrv. at Wedgefield Homeowners’ v. Dixon, 948 So. 2d 65, 67–68 (Fla. 5th DCA 2007) (holding that the threat of foreclosure proceedings and potential loss of property does not constitute irreparable harm). The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2023-02-01
|
| 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 |
2024-01-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal **STIPULATION**
|
|
| Docket Date |
2023-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant's December 01, 2023 status report is treated as a motion to extend the stay and is granted. The stay is extended thirty (30) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2023-12-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-11-29
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
ORDERED that Appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward settlement.
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2023-10-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
STATUS REPORT AND MOTION FOR STAY OF APPEAL
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-10-17
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report
|
| View |
View File
|
|
| Docket Date |
2023-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant's August 16, 2023 motion to stay appeal is granted. This appeal is stayed pending settlement for thirty (30) days from the date of this order. This case shall proceed in this court upon expiration of the abeyance period unless otherwise notified in writing by the parties. Appellant shall file a status report with this court as to the progress being made towards settlement within ten (10) days from the date of expiration of the abeyance period.
|
|
| Docket Date |
2023-08-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ *AND* NOTICE OF SETTLEMENT
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within five (5) days from the date of this order, to this court’s August 1, 2023 order.
|
|
| Docket Date |
2023-08-01
|
| 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 July 21, 2023, 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 and preparation of the record on appeal.
|
|
| Docket Date |
2023-07-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/16/2023
|
|
| Docket Date |
2023-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellant’s March 27, 2023 motion to stay is denied.
|
|
| Docket Date |
2023-04-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR CLARIFICATION
|
| On Behalf Of |
Shear and Zacco, LLP
|
|
| Docket Date |
2023-04-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Shear and Zacco, LLP
|
|
| Docket Date |
2023-04-14
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED sua sponte that the parties are directed to show cause, within ten (10) days from the date of this order, as to why case number 4D23-295, 4D23-340, and 4D23-910 should not be consolidated for purposes of assignment to the same appellate panel for review.
|
|
| Docket Date |
2023-04-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Shear and Zacco, LLP
|
|
| Docket Date |
2023-04-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STAY
|
| On Behalf Of |
Shear and Zacco, LLP
|
|
| Docket Date |
2023-04-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ **CORRECTED** TO MOTION TO STAY *PROPOSED*
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-04-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-04-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO CORRECT APPENDIX
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-03-27
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-03-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STAY
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-03-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-02-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-02-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Alfie's Gun Range, LLC
|
|
| Docket Date |
2023-01-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
WESTON ARMS US INC. and ALFRED FELICIANO VS Z & S PROPERTIES INC., et al.
|
4D2022-1326
|
2022-05-13
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE21-031412
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-006699
|
Parties
| Name |
WESTON ARMS US, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
David L. Ferguson, Alexis Fields
|
|
| Name |
Alfred Feliciano
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Z & S PROPERTIES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeffrey A. Rynor, Yasir Billoo, C. Cory Mauro, Karen E. Berger
|
|
| Name |
Hon. Florence Taylor Barner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-08
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
Z & S Properties Inc.
|
|
| Docket Date |
2022-12-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
ORD-Grant Rehearing on Interim Order ~ **VACATED**ORDERED that this court's October 27, 2022 order denying appellants' motion for attorney's fees is vacated. Further, ORDERED that appellants' November 14, 2022 motion for rehearing and/or clarification of the order granting attorney's fees is granted. The appellants' motion for attorney's fees is granted conditioned on the trial court determining that appellants are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2022-11-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Z & S Properties Inc.
|
|
| Docket Date |
2022-11-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2022-05-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-08-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2022-08-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2022-07-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Z & S Properties Inc.
|
|
| Docket Date |
2022-07-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Z & S Properties Inc.
|
|
| Docket Date |
2022-07-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Z & S Properties Inc.
|
|
| Docket Date |
2022-07-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Z & S Properties Inc.
|
|
| Docket Date |
2022-06-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **Confidential**
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2022-06-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2022-06-10
|
| 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 |
Weston Arms US Inc.
|
|
| Docket Date |
2022-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 1, 2022 motion for extension of time is granted in part and without prejudice to filing a further extension if necessary. Appellants shall serve the initial brief on or before June 10, 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 |
2022-06-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **Stricken**
|
| On Behalf Of |
Z & S Properties Inc.
|
|
| Docket Date |
2022-06-01
|
| 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 |
Weston Arms US Inc.
|
|
| Docket Date |
2022-06-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ Final Judgment
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2022-05-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2022-05-17
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellants are directed to file, within fifteen (15) days from the date of this order, a conformed copy of the trial court’s May 12, 2022 final judgment. See Fla. R. App. P. 9.110(l). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2022-05-13
|
| 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 |
2022-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Weston Arms US Inc.
|
|
| Docket Date |
2022-05-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that appellees’ December 8, 2022 motion for clarification is granted. Further,ORDERED that this court’s November 29, 2022 order is vacated and the following is substituted in its place: ORDERED that this court’s October 27, 2022 order granting appellees’ motion for attorney’s fees is vacated. Further, ORDERED that appellants’ November 14, 2022 motion for rehearing and/or clarification of the order granting appellees’ attorney’s fees is granted. The appellees’ motion for attorney’s fees is granted conditioned on the trial court determining that appellees are the prevailing party and, if so, setting the amount of the attorney’s fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ **VACATED**ORDERED that appellants' August 8, 2022 motion for appellate attorney's fees and costs is denied.
|
|
| Docket Date |
2022-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 10, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before June 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 |
2022-06-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s June 2, 2022 response 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. Further, ORDERED that appellee’s June 2, 2022 response is also stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
|
