| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA00006791XXXX
|
Parties
| Name |
THE BLUFFS MARINA ASSOCIATION,
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
James Burnham, E. Cole Fitzgerald
|
|
| Name |
CCB INVESTORS, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MARK MAY
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
THE BLUFFS MARINA PHASE I I
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BART TURECAMO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FRANK SCOTT HENLEY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
RICHARD MILITANA
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
JOHN A. BARNEY
|
|
| Name |
RENZULLI PROPERTIES, L.L.C.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BLUFFSHAWK, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BLACK HAWK EQUIPMENT
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. EDWARD H. FINE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-10-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2015-01-26
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2015-01-26
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ Ordered that the petition for writ of certiorari is denied. The notice of lis pendens is founded on duly recorded instruments, namely the Declaration of Condominium, which provides that no boat slip boundaries may be altered without approval of the record owner, nor may common elements be reduced; and the challenged amendments, It is unclear from the record whether the amendments changing boundaries of boat slips and reducing the size of the common elements have been recorded, although an email contained in the record states that they have. which allegedly alter the boundaries of some boat slips by encroaching on the common elements. At least one count of the complaint is based upon the plaintiffs¿ rights under the Declaration and their violation by the newly enacted amendments. See Stinnett v. Dodson, 575 So. 2d 1350 (Fla. 2d DCA 1991). This denial is without prejudice to the petitioners moving the trial court to dissolve the lis pendens as to boat slips for which boundaries have not been changed, or to consider the posting of a bond if the petitioner can show that there is no change in the legal descriptions in the common elements and boundaries of the boat slips from the original Declaration. WARNER, GERBER and LEVINE, JJ. ,Concur.
|
|
| Docket Date |
2014-11-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondents' unopposed motion filed November 3, 2014, for extension of time to file response to petition for writ of certiorari, is granted. Said response was filed November 5, 2014.
|
|
| Docket Date |
2014-11-07
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ TO S/C ORDER
|
| On Behalf Of |
THE BLUFFS MARINA ASSOCIATION,
|
|
| Docket Date |
2014-11-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
RICHARD MILITANA
|
|
| Docket Date |
2014-11-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ (GRANTED 11/10/14 - RESPONSE FILED 11/5/14)
|
| On Behalf Of |
RICHARD MILITANA
|
|
| Docket Date |
2014-10-14
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent in the above-styled case is hereby commanded to file with this Court and show cause, if any there be, within twenty (20) days, why the above-styled petition should not be granted as prayed; further,ORDERED that petitioner may file a reply in writing with this Court within ten (10) days of the date of service of the response.
|
|
| Docket Date |
2014-10-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with section 57.081, Florida Statutes, did not accompany the petition as required in Florida Rules of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED, sua sponte, the $300.00 filing fee or affidavit of indigency in conformance with section 57.081, Florida Statutes must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2014-10-02
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
THE BLUFFS MARINA ASSOCIATION,
|
|
| Docket Date |
2014-10-02
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
THE BLUFFS MARINA ASSOCIATION,
|
|
| Docket Date |
2014-10-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
