| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2009CA010465
|
Parties
| Name |
SCOTT SMILEY, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Allison Friedman
|
|
| Name |
ESQUIRE VENTURES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Louis B. Vocelle, Jr., Peter G. Herman
|
|
| Name |
CIB Marine Capital, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Peter G. Herman
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-26
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that the above-styled petition for writ of prohibition is granted. The case is remanded to the circuit court where the clerk shall randomly assign the case to another circuit court judge. Our decision is based on the circuit court’s judge’s failure to disclose the professional relationship between her husband and respondent’s counsel after counsel filed a notice of appearance in the underlying case. See In re Judge Frank, 753 So. 2d 1228 (Fla. 2000); Yanping Ming v. NS FOA, LLC, 291 So. 3d 144 (Fla. 4th DCA 2020); see also Strunk Funeral Homes & Crematory, P.A. v. Strunk, 4D22-3395 (Fla. 4th DCA Mar. 28, 2023).GERBER, LEVINE and KUNTZ, JJ., concur.
|
|
| Docket Date |
2023-07-26
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Scott Smiley, P.A.
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that petitioner's June 9, 2023 reply to 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.
|
|
| Docket Date |
2023-06-09
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ ***STRICKEN***
|
| On Behalf Of |
Scott Smiley, P.A.
|
|
| Docket Date |
2023-05-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter ~ *AMENDED
|
|
| Docket Date |
2023-05-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2023-05-18
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2023-05-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent Peter Herman's April 28, 2023 motion for extension of time is granted, and the time for filing a response is extended to and including May 18, 2023.
|
|
| Docket Date |
2023-04-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2023-04-18
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that, within twenty (20) days from the date of this order, respondents shall file a response and show cause why the petition for writ of prohibition should not be granted. This order stays further proceedings in the lower tribunal. Fla. R. App. P. 9.100(h). Petitioners may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2023-04-07
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Esquire Ventures, LLC
|
|
| Docket Date |
2023-03-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioners' appendix to the petition is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-03-30
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2023-03-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ ***STRICKEN***
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
| Docket Date |
2023-03-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the petition is not accompanied by a supporting appendix as required by Florida Rule of Appellate Procedure 9.100(g). Within ten (10) days of service of this order, petitioner shall file an appendix providing an adequate record to review the issue presented. Failure to file an appendix will result in dismissal of this proceeding.
|
|
| Docket Date |
2023-03-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2023-03-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-03-20
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
CIB Marine Capital, LLC
|
|
|
