|
ERIC PETZOLD and NANCY PETZOLD VS NE 32ND STREET, LLC, et al.
|
4D2023-0287
|
2023-01-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA007967
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA003800
|
Parties
| Name |
Nancy Petzold
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Eric Petzold
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robert J. Hauser, Elliot H. Scherker, Mark F. Bideau, Robert Russell Kane, Katherine Marie Clemente
|
|
| Name |
NE 32ND STREET LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ricardo Alberto Reyes, Sacha Aaron Boegem, Carrie Stolzer Robinson
|
|
| Name |
MARINE ENGINEERING & CONSTRUCTION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Dorothy Jacks, as Palm Beach County Property Appraiser
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Department of Environmental Protection
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Board of Trustees of the Internal Improvement Trust Fund, etc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Luis Delgado
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-07-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
| Docket Date |
2023-07-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ (JOINT)
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2023-06-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-06-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellants’ May 23, 2023 motion for extension of time is treated as a motion to stay, and the motion is granted. This case is stayed for thirty (30) days from the date of this order.
|
|
| 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 ~ **TREATED AS A MOTION TO STAY**
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ Upon consideration of appellee's April 17 and May 1, 2023 responses, it is ORDERED that appellants' February 28, 2023 motion to consolidate and adopt briefing is granted, and case numbers 4D22-3264 and 4D23-287 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-3264. The briefs in 4D22-3264 are adopted as to this consolidated appeal.
|
|
| Docket Date |
2023-04-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO CONSOLIDATE APPEALS AND ADOPT BRIEFING
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2023-03-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellants’ February 24, 2023 motion to allow and February 28, 2023 motion to consolidate.
|
|
| Docket Date |
2023-03-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (10,894 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-02-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-01-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-01-31
|
| 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 |
Eric Petzold
|
|
| Docket Date |
2023-01-31
|
| 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.
|
|
|
|
ERIC PETZOLD and NANCY PETZOLD VS NE 32ND STREET, LLC, et al.
|
4D2022-3264
|
2022-12-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA003800
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA007967
|
Parties
| Name |
Nancy Petzold
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Eric Petzold
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Katherine Marie Clemente, Mark F. Bideau, Robert J. Hauser, Robert Russell Kane, Elliot H. Scherker
|
|
| Name |
Department of Environmental Protection
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Dorothy Jacks, as Palm Beach County Property Appraiser
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARINE ENGINEERING & CONSTRUCTION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NE 32ND STREET LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Carrie Stolzer Robinson, Ricardo Alberto Reyes, Sacha Aaron Boegem
|
|
| Name |
Board of Trustees of the Internal Improvement Trust Fund, etc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Luis Delgado
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 days to March 14, 2023
|
|
| Docket Date |
2023-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellee’s December 13, 2022, it is ORDERED that appellant’s December 8, 2022 motion to stay is treated as a motion for review and is denied. See B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award).
|
|
| Docket Date |
2022-12-08
|
| 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 |
2023-07-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
| Docket Date |
2023-07-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-07-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ (JOINT)
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2023-06-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-06-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellants’ May 23, 2023 motion for extension of time is treated as a motion to stay, and the motion is granted. This case is stayed for thirty (30) days from the date of this order.
|
|
| 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 ~ **TREATED AS A MOTION TO STAY**
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ Upon consideration of appellee's April 17 and May 1, 2023 responses, it is ORDERED that appellants' February 28, 2023 motion to consolidate and adopt briefing is granted, and case numbers 4D22-3264 and 4D23-287 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-3264. The briefs in 4D22-3264 are adopted as to this consolidated appeal.
|
|
| Docket Date |
2023-05-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TOCONSOLIDATE APPEALS AND ADOPT BRIEFING
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2023-04-21
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ Upon consideration of appellee's April 17, 29023 response, it is ORDERED that appellants' February 24, 2023 motion to allow appeal to proceed on appendix in lieu of record on appeal is granted. Further, upon consideration of appellee's April 17, 2023 response, it is ORDERED that appellee is to respond within ten (10) days from the date of this order to appellants' request to adopt briefing should the appeals be consolidated for all purposes.
|
|
| Docket Date |
2023-04-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO ALLOW.
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2023-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee's April 4, 2023 motion for extension of time is granted, and the time for filing a response is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2023-04-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ **AMENDED MOTION**
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2023-03-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ **AMENDED MOTION FILED**
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2023-03-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellants’ February 24, 2023 motion to allow and February 28, 2023 motion to consolidate.
|
|
| Docket Date |
2023-02-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ w/4D23-287
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-02-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO ALLOW APPEAL TO PROCEED ONAPPENDIX IN LIEU OF RECORD ON APPEAL
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-02-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2023-01-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2023-01-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 2/2/23
|
|
| Docket Date |
2023-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Rehearing Interim Order ~ ORDERED that appellant's January 4, 2023 motion for rehearing or reconsideration is denied.
|
|
| Docket Date |
2023-01-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-12-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-12-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-12-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s December 13, 2022 response 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 |
2022-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NE 32nd Street, LLC
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-12-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-12-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-12-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond to appellants' December 8, 2022 motions to stay, filed in case numbers 4D22-2293 and 4D22-3264, by no later than 12:00pm on Tuesday, December 13, 2022. The December 7, 2022 partial final judgment is stayed pending further order of this court.
|
|
| Docket Date |
2022-12-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ **TREATED AS A MOTION TO REVIEW**
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-12-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-12-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STAY.
|
| On Behalf Of |
Eric Petzold
|
|
|
|
ERIC PETZOLD and NANCY PETZOLD VS NE 32ND STREET, LLC, et al.
|
4D2022-2293
|
2022-08-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA003800
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA7967
|
Parties
| Name |
Nancy Petzold
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Eric Petzold
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robert J. Hauser, Scott A. Weires
|
|
| Name |
MARINE ENGINEERING & CONSTRUCTION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WATERFRONT ICW PROPERTIES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NE 32ND STREET LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ricardo Alberto Reyes, Sacha Aaron Boegem, Timothy Newhall
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-18
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2022-12-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that this Court’s December 13, 2022 order is vacated. This case is dismissed. Petitioners have an adequate remedy on appeal of the partial final judgment in 4D22-3264. Petitioners’ December 8, 2022 motion for stay filed in this case is denied as moot. The motion for stay will be heard in 4D22-3264.DAMOORGIAN, CIKLIN and ARTAU, JJ., concur.
|
|
| Docket Date |
2022-12-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-12-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-12-13
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 9, 2022 order is amended to reflect additional lower tribunal case number and as follows: ORDERED that the appeal shall be treated as a petition for writ of certiorari. The petitioners shall file a petition addressing the elements of a petition for certiorari as to the orders sought to be reviewed within twenty (20) days from the date of this order. Respondents may thereafter file their response in accordance with the Rules of Appellate Procedure.
|
|
| Docket Date |
2022-12-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STAY
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-12-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond to appellants' December 8, 2022 motions to stay, filed in case numbers 4D22-2293 and 4D22-3264, by no later than 12:00pm on Tuesday, December 13, 2022. The December 7, 2022 partial final judgment is stayed pending further order of this court.
|
|
| Docket Date |
2022-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-12-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-12-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STAY
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-11-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/21/22
|
|
| Docket Date |
2022-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-11-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-11-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellees’ October 25, 2022 motion for extension of time is granted, and the time for filing a response to appellants’ September 19, 2022 jurisdictional statement is extended to and including November 7, 2022.
|
|
| Docket Date |
2022-10-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-10-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/21/22
|
|
| Docket Date |
2022-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2022-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellants’ September 19, 2022 “submission on jurisdiction.”
|
|
| Docket Date |
2022-10-04
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ (1) ONE ENVELOPE--CD ROM
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-09-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 847 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-09-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-09-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-09-19
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' September 2, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before September 20, 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 |
2022-09-02
|
| 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 |
Eric Petzold
|
|
| Docket Date |
2022-09-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-08-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eric Petzold
|
|
| Docket Date |
2022-08-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-07
|
| 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 appellants shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the ordered appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the July 21, 2022 contempt order is an appealable final or nonfinal order, as it appears the order merely strikes plaintiff’s complaint as a sanction; and how the August 10, 2022 order is an appealable final or nonfinal order, as it appears the order merely enters a default. See Dieuvil v. Flacon Trace Homeowners Ass’n, 326 So. 3d 709, 710 (Fla. 4th DCA 2021) (explaining an order merely entering a default is a nonappealable, nonfinal order); Fennel v. Beary, 642 So. 2d 835 (Fla. 5th DCA 1994); Niesz v. R. P. Morgan Bldg., Co., 401 So. 2d 822 (Fla. 5th DCA 1981) (dismissing portion of appeal from order granting a motion to strike); further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-08-22
|
| 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.
|
|
|
|
NE 32ND STREET, LLC VS MARINE ENGINEERING & CONSTRUCTION, INC.
|
4D2021-0401
|
2021-01-19
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2020CC2346, 2020AP64
|
Parties
| Name |
NE 32ND STREET LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Sacha Aaron Boegem, Ricardo Alberto Reyes, Carrie Stolzer Robinson
|
|
| Name |
MARINE ENGINEERING & CONSTRUCTION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Scott A. Weires
|
|
| Name |
Hon. Reginald Roy Corlew
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-02-15
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 21-401 AND 21-412 ARE CONSOLIDATED FOR PANEL PURPOSES. SEE 02/15/2021 ORDER.**
|
|
| Docket Date |
2022-01-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-01-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Clarification ~ ORDERED that appellant's October 28, 2021 motion for clarification and written opinion is denied.
|
|
| Docket Date |
2021-10-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ AND FOR WRITTEN OPINION
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2021-10-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-10-05
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2021-09-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ RE: ORAL ARGUMENT
|
| On Behalf Of |
Marine Engineering & Construction, Inc.
|
|
| Docket Date |
2021-09-10
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ ORDERED that oral argument in this case is rescheduled for October 5, 2021, at 10:00 A.M. for 15 minutes per side through Zoom video conference. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.The parties are advised that the only attorneys permitted into the Zoom meeting will be those who will be arguing before the court. Attorneys who will not be arguing before the court may watch the public live stream of the oral argument via the court’s website. In addition, attorneys who will be arguing before the court shall attend a Zoom orientation/test session with court staff from 3:30pm to 3:45pm on either September 29, 2021 or October 4, 2021 at Zoom meeting ID
|
|
| Docket Date |
2021-07-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that case numbers 21-401 and 21-412 are consolidated for oral argument purposes, with a time allotted of fifteen (15) minutes per side. Appellant shall argue both cases together in its allotted time, and appellees shall split their argument time between the attorneys representing them in each case as they deem appropriate, letting the court know at the beginning of oral argument how much time will be taken by each attorney arguing for appellees.
|
|
| Docket Date |
2021-04-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant's December 11, 2020 "motion for ruling on initial brief and/or to preclude oral argument by appellee for appellee's failure to comply with rules of appellate procedure" is denied. This court notes that appellee's answer brief is deemed accepted.
|
|
| Docket Date |
2021-03-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Marine Engineering & Construction, Inc.
|
|
| Docket Date |
2021-03-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's March 12, 2021 and February 24, 2021 status report and appellee's March 10, 2021 response, it is ORDERED that appellee shall serve the answer brief within twenty (20) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal. Further, ORDERED that appellant shall serve the reply brief within thirty (30) days from service of the answer brief.
|
|
| Docket Date |
2021-03-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AMENDED
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2021-03-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S STATUS REPORT
|
| On Behalf Of |
Marine Engineering & Construction, Inc.
|
|
| Docket Date |
2021-03-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant's February 24, 2021 status report.
|
|
| Docket Date |
2021-02-24
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2021-02-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellee's February 1, 2021 notice of similar case pending and appellant's February 2, 2021 response, it is ORDERED that the above–styled case numbers are now consolidated for the purpose of designation to the same appellate panel for review and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110.
|
|
| Docket Date |
2021-02-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEES' CORRECTED NOTICE OF RELATED CASES
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2021-02-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's January 29, 2021 notice of related cases 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 |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Marine Engineering & Construction, Inc.
|
|
| Docket Date |
2021-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ **STRICKEN**
|
| On Behalf Of |
Marine Engineering & Construction, Inc.
|
|
| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2021-01-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH JANUARY 27, 2021 COURT ORDER
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2021-01-25
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
NE 32nd Street, LLC
|
|
| Docket Date |
2021-01-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-01-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2021-01-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 202 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-01-19
|
| Type |
Notice
|
| Subtype |
Appeal Transfer Cover Sheet
|
| Description |
Appeal Transfer Form
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
|
