|
ELIYAHU AZULAY and ROYALTY DESIGN KITCHEN & BATH, INC. VS MICHAEL D'ANGELO, III, et al.
|
4D2021-3457
|
2021-12-07
|
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
502014CA003811
|
Parties
| Name |
ROYALTY DESIGN KITCHEN & BATH, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Eliyahu Azulay
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael J. Napoleone, Leanne M. Roca
|
|
| Name |
The Original Brooklyn Water Bagel Co., Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BROOKLYN WATER ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WATER BAGELS 247 LLLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ORIGINAL BROOKLYN BAGELS 247 LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NJA ORIGINAL BROOKLYN BAGELS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Michael D'Angelo, III
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric A. Lee
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Eliyahu Azulay
|
|
| Docket Date |
2022-02-10
|
| Type |
Letter
|
| Subtype |
Fee Letter
|
| Description |
Fee Letter
|
|
| Docket Date |
2021-12-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-12-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed. Further,ORDERED that appellants’ December 17, 2021 motion to consolidate and for an extension of time to file initial brief is denied as moot.
|
|
| Docket Date |
2021-12-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ ***STIPULATION***
|
| On Behalf Of |
Eliyahu Azulay
|
|
| Docket Date |
2021-12-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ AND FORAN EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Eliyahu Azulay
|
|
| Docket Date |
2021-12-16
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Michael D'Angelo, III
|
|
| Docket Date |
2021-12-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on December 13, 2021. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2021-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
|
| Docket Date |
2021-12-08
|
| 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, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-12-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-12-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eliyahu Azulay
|
|
|
|
ELIYAHU AZULAY and ROYALTY DESIGN KITCHEN & BATH, INC. VS MICHAEL D'ANGELO, III, et al.
|
4D2021-2118
|
2021-07-14
|
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
502014CA003811
|
Parties
| Name |
Eliyahu Azulay
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael J. Napoleone, Nicole Milson, Leanne M. Roca
|
|
| Name |
ROYALTY DESIGN KITCHEN & BATH, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BROOKLYN WATER ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WATER BAGELS 247 LLLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Original Brooklyn Water Bagel Co., Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NJA ORIGINAL BROOKLYN BAGELS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Michael D'Angelo, III
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric A. Lee
|
|
| Name |
ORIGINAL BROOKLYN BAGELS 247 LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed. Further,ORDERED that appellants’ December 17, 2021 motion to consolidate and for an extension of time to file initial brief is denied as moot.
|
|
| Docket Date |
2021-12-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-12-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ STIPULATION FOR DISMISSAL
|
| On Behalf Of |
Eliyahu Azulay
|
|
| Docket Date |
2021-12-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ AND FOR AN EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Eliyahu Azulay
|
|
| Docket Date |
2021-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
|
| Docket Date |
2021-10-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 12/20/2021
|
|
| Docket Date |
2021-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Eliyahu Azulay
|
|
| Docket Date |
2021-09-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 11/04/2021
|
|
| Docket Date |
2021-08-24
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 1298 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-08-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellants’ July 26, 2021 jurisdictional brief and appellee The Original Brooklyn Water Bagel, Inc.’s August 2, 2021 response, this appeal shall proceed. Fla. R. App. P. 9.110(k); Allstate Ins. Co. v. Collier, 405 So. 2d 311, 312 (Fla. 4th DCA 1981); Fla. R. App. P. 9.110(k); Phillips v. Ostrer, 442 So. 2d 1084, 1084 (Fla. 3d DCA 1983); Allstate Ins. Co. v. Collier, 405 So. 2d 311, 312 (Fla. 4th DCA 1981).
|
|
| Docket Date |
2021-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTION STATEMENT
|
| On Behalf Of |
Michael D'Angelo, III
|
|
| Docket Date |
2021-07-26
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Eliyahu Azulay
|
|
| Docket Date |
2021-07-15
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellants shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the May 27, 2021 final judgment is a final appealable order, as counts I, II, V, VI and XI are still pending as to defendants Michael D'Angelo III, NJA Brooklyn Bagels, LLC, Original Brooklyn Bagels 247, LLC, The Original Brooklyn Bagel Co., Inc., and Water Bagels 247, LLLP. McMichael v. Zachos, 160 So. 3d 937, 938 (Fla. 1st DCA 2015) ("If an order does not finally end the judicial labor required, 'piecemeal appeals will not be permitted where claims are interrelated and involve the same transaction and the same parties remain in the suit.'") (quoting S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974)). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-07-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Eliyahu Azulay
|
|
| Docket Date |
2021-07-14
|
| 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, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-07-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eliyahu Azulay
|
|
|
|
JOHN PRESTON, et al. VS STEVEN FASSBERG, et al.
|
4D2021-0878
|
2021-02-19
|
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
2017CA010477
|
Parties
| Name |
BROOKLYN WATER ENTERPRISES, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BROOKLYN WATER ENTERPRISES, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
JOHN PRESTON LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Tara Ann Campion, Bruce S. Rogow
|
|
| Name |
Michael D'Angelo
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Steven M. Fassberg Revocable Trust Dated July 5, 2011
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Steven Fassberg
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Brenda Phang, Peter Prieto, Robert M. Einhorn, Julie Fishman Berkowitz, Roberto Zarco, Eugene E. Stearns, Alissa Del Riego, Himanshu M. Patel, Matthew Weinshall
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-13
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the February 19, 2021 petition for writ of certiorari is denied on the merits. The trial court did not depart from the essential requirements of law in rejecting the investigation conducted pursuant to Fla. Stat. 607.07401(3) as not being reasonable. MAY and LEVINE JJ., concur;WARNER, J., specially concurring. I agree with the denial of the petition on the merits. The court found that the investigator did not consider several material issues in dispute and did not recall questioning witnesses on several key issues. In the evidentiary hearing to determine the reasonableness of the investigatory report, the investigator could not remember asking about certain material issues and facts, while other witnesses testified that they specifically told the investigator about such facts. While the court determined that the investigation was not conducted in a reasonable manner because the investigator did not conduct sworn interviews with witnesses, compel the production of documents, and obtain an independent valuation expert, none of which are required by statute, the court’s conclusion must be understood in connection with the failure to address what the court deemed to be material issues. Given the disparity in the testimony, the court did not depart from the essential requirements of law.
|
|
| Docket Date |
2021-08-13
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that petitioners’ June 11, 2021 motion for attorney's fees is denied.
|
|
| Docket Date |
2021-06-29
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply
|
| On Behalf Of |
Steven Fassberg
|
|
| Docket Date |
2021-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that respondents’ June 15, 2021 motion to strike is denied. The respondents’ motion for leave to file a sur-reply is granted. The respondents shall file a sur-reply of no more than four pages directed solely to the petitioners’ irreparable harm argument at pages 5-7 of the petitioners’ reply. The sur-reply shall be filed within ten (10) days from the date of this order.
|
|
| Docket Date |
2021-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Steven Fassberg
|
|
| Docket Date |
2021-06-11
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
John Preston
|
|
| Docket Date |
2021-06-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
John Preston
|
|
| Docket Date |
2021-06-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Steven Fassberg
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondents shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioners may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2021-03-16
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
John Preston
|
|
| Docket Date |
2021-03-09
|
| Type |
Order
|
| Subtype |
Order to File (Supplemental) Appendix
|
| Description |
Order Requiring Supplemental Appendix ~ ORDERED that, within ten (10) days of service of this order, petitioners shall file a supplemental appendix containing petitioners’ motion to dismiss and the hearing transcripts on petitioners’ motion to dismiss leading to the order under review. Failure to provide an adequate record may result in denial of the petition. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 2013).
|
|
| Docket Date |
2021-02-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Steven Fassberg
|
|
| Docket Date |
2021-02-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that respondent's appendix to the response 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 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 |
2021-02-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ "OBJECTION"
|
| On Behalf Of |
Steven Fassberg
|
|
| Docket Date |
2021-02-24
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ ***STRICKEN 2/25/21***
|
| On Behalf Of |
Steven Fassberg
|
|
| Docket Date |
2021-02-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of certiorari 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 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 |
2021-02-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2021-02-22
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
John Preston
|
|
| Docket Date |
2021-02-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-02-19
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **STRICKEN***FILING FEE PAID ELECTRONICALLY*
|
|
| Docket Date |
2021-02-19
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
John Preston
|
|
|
