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PATRICK GIGANTI, Appellant(s) v. TILES OF POMPANO, INC., et al., Appellee(s).
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4D2022-2669
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2022-10-03
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-010646 (09)
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Parties
| Name |
Patrick Giganti
|
| Role |
Appellant
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| Status |
Active
|
| Representations |
Ken Frankel, Todd McPharlin, Daniel Adam Bushell
|
|
| Name |
Pompano Beach Community Redevelopment Agency
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANZCO, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TILES OF POMPANO INC
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| Role |
Appellee
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| Status |
Active
|
| Representations |
Randy J. Lipkien, W. Hampton Johnson, David M. Tarlow
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2024-03-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
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| View |
View File
|
|
| Docket Date |
2023-10-24
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
Order on Motion for Extension of Time to Serve Reply Brief
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| View |
View File
|
|
| Docket Date |
2023-08-30
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco, Inc.'s August 28, 2023 motion for extension of time is granted, and appellee shall serve the answer brief within seven (7) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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|
| Docket Date |
2023-03-01
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's February 22, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within twenty-eight (28) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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|
| Docket Date |
2024-03-01
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2024-02-08
|
| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-01-04
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| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-11-21
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| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-11-06
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief
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| On Behalf Of |
Patrick Giganti
|
| View |
View File
|
|
| Docket Date |
2023-10-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2023-10-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
15 DAYS TO 10/23/2023.
|
|
| Docket Date |
2023-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-09-06
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| Type |
Brief
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| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ANZCO, INC.
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| On Behalf Of |
Tiles of Pompano, Inc.
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|
| Docket Date |
2023-08-28
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ Anzco, Inc.
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| On Behalf Of |
Tiles of Pompano, Inc.
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|
| Docket Date |
2023-08-04
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief ~ TILES OF POMPANO, INC.
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| On Behalf Of |
Tiles of Pompano, Inc.
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| Docket Date |
2023-07-26
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco, Inc.’s, July 25, 2023 amended motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) 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.
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| Docket Date |
2023-07-25
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED. ANZCO, INC.
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| On Behalf Of |
Tiles of Pompano, Inc.
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| Docket Date |
2023-07-24
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ **AMENDED MOTION FILED** Anzco, Inc.
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| On Behalf Of |
Tiles of Pompano, Inc.
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|
| Docket Date |
2023-07-13
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension - Answer Brief ~ TILES OF POMPANO, INC., and POMPANO BEACH COMMUNITY REDEVELOPMENT AGENCY
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| On Behalf Of |
Tiles of Pompano, Inc.
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| Docket Date |
2023-06-22
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco, Inc.’s June 20, 2023 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) 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.
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| Docket Date |
2023-06-20
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ Anzco, Inc.
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| On Behalf Of |
Tiles of Pompano, Inc.
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| Docket Date |
2023-06-15
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension - Answer Brief
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| On Behalf Of |
Tiles of Pompano, Inc.
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| Docket Date |
2023-05-08
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco’s May 5, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 20, 2023. 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.
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| Docket Date |
2023-05-05
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ Anzco, Inc.
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| On Behalf Of |
Tiles of Pompano, Inc.
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| Docket Date |
2023-05-02
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
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| On Behalf Of |
Tiles of Pompano, Inc.
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|
| Docket Date |
2023-04-06
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Patrick Giganti
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|
| Docket Date |
2023-04-06
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Records ~ 63 PAGES
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| On Behalf Of |
Patrick Giganti
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|
| Docket Date |
2023-04-03
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
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| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's March 30, 2023 motion to supplement the record is granted, and appellant shall file the supplemental record within five (5) days from the date of this order.
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| Docket Date |
2023-03-30
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion To File Supplemental Record ~ AMENDED.
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| On Behalf Of |
Patrick Giganti
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|
| Docket Date |
2023-03-29
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
Motion To File Supplemental Record ~ **AMENDED MOTION FILED**
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| On Behalf Of |
Patrick Giganti
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|
| Docket Date |
2023-02-22
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
Patrick Giganti
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| Docket Date |
2023-01-26
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| Type |
Order
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| Subtype |
Order Vacating/Withdrawing Order
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| Description |
ORD-Amended Order ~ ORDERED that this court's December 23, 2022 order is amended as follows: Upon consideration of appellant’s December 30, 2022 motion to consolidate and January 3, 2023 response, it is ORDERED that this court’s December 20, 2022 and December 21, 2022 orders to show cause are discharged. Further, ORDERED that the December 30, 2022 motion to consolidate is granted, and case numbers 4D22-1955, 4D22-2335, and 4D22-2669 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 4D22-1955. The initial brief shall be filed within thirty (30) days of the date of the order.
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| Docket Date |
2023-01-23
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| Type |
Order
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| Subtype |
Order on Motion to Consolidate
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| Description |
ORD-Granting Consolidation ~ Upon consideration of appellant’s December 30, 2022 motion to consolidate and January 3, 2023 response, it is ORDERED that this court’s December 20, 2022 and December 21, 2022 orders to show cause are discharged. Further, ORDERED that the December 30, 2022 motion to consolidate is granted, and case numbers 4D22-1955, 4D22-2335, and 4D22-2669 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 4D22-1955.
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| Docket Date |
2023-01-03
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
Patrick Giganti
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| Docket Date |
2022-12-30
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| Type |
Motions Other
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| Subtype |
Motion To Consolidate
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| Description |
Motion To Consolidate
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| On Behalf Of |
Patrick Giganti
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| Docket Date |
2022-12-21
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before January 3, 2023, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2022-10-20
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Patrick Giganti
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|
| Docket Date |
2022-10-04
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2022-10-03
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| Type |
Notice
|
| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Patrick Giganti
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|
| Docket Date |
2022-10-03
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2022-10-04
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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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POMPANO BEACH COMMUNITY REDEVELOPMENT AGENCY VS PATRICK GIGANTI, et al.
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4D2022-2523
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2022-09-15
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-010646
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Parties
| Name |
Pompano Beach Community Redevelopment Agency
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| Role |
Appellant
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| Status |
Active
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| Representations |
E. Bruce Johnson, W. Hampton Johnson
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|
| Name |
WESTERN WORLD INSURANCE COMPANY
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Patrick Giganti
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| Role |
Appellee
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| Status |
Active
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| Representations |
Irene Marie Porter, David M. Tarlow, Todd McPharlin, Ken Frankel, Gina E. Romanik, Steven Preston, Luis M. Reyes
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|
| Name |
Anzo, Inc.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
TILES OF POMPANO INC
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Hon. Jeffrey R. Levenson
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-08-22
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| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
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| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that, upon consideration of appellant's August 8, 2023 response, appellee Western World Insurance Company's motion to dismiss is granted. See Young v. Quinn, 351 So. 2d 1076 (Fla. 4th DCA 1977) (where the questions presented on appeal have become moot, the appeal should be dismissed because no practical result could be attained by reviewing such questions); see also Intertype Corp. v. Pulver, 135 So. 793 (Fla. 1931) (“An appellate court will not entertain an appeal where it is plain that nothing could be accomplished by its decision and judgment.”). Further, ORDERED that appellant’s request to strike the appendix to the motion to dismiss is denied. See Fla. R. App. P. 9.300(a) (“A motion may be accompanied by an appendix, which may include affidavits and other appropriate supporting documents not contained in the record.”). Further, ORDERED that, upon consideration of appellee's August 14, 2023 response, appellant's request for sanctions is denied.CIKLIN, CONNER and KUNTZ, JJ., concur.
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| Docket Date |
2023-08-22
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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| Docket Date |
2023-08-14
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ APPELLEE WESTERN WORLD INSURANCE COMPANY'S RESPONSE TO POMPANO BEACH COMMUNITY REDEVELOPMENT AGENCY'S REQUEST FOR SANCTIONS
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| On Behalf Of |
Patrick Giganti
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|
| Docket Date |
2023-08-08
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ IN OPPOSITION AND FOR SANCTIONS AGAINST WESTERN WORLD INSURANCE COMPANY
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| On Behalf Of |
Pompano Beach Community Redevelopment Agency
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|
| Docket Date |
2023-07-24
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss ~ APPELLEE WESTERN WORLD INSURANCE COMPANY'S MOTION TO DISMISS APPEAL AS MOOT DUE TO APPELLANT'S ELECTION OF REMEDIES
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| On Behalf Of |
Patrick Giganti
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|
| Docket Date |
2023-06-23
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| Type |
Order
|
| Subtype |
Order on Motion to Stay
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| Description |
Grant Stay ~ ORDERED that appellee Western World Insurance Company's June 21, 2023 motion for extension of time to serve answer brief is treated as a motion to stay and is granted. The above-styled appeal is stayed for thirty (30) days from the date of this order.
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| Docket Date |
2023-06-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ WESTERN WORLD INSURANCE COMPANY
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| On Behalf Of |
Patrick Giganti
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|
| Docket Date |
2023-05-22
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 06/21/2023
|
|
| Docket Date |
2023-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ WESTERN WORLD INSURANCE COMPANY
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ WESTERN WORLD INSURANCE COMPANY
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-04-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 05/22/2023
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|
| Docket Date |
2023-03-29
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellee Western World Insurance Company's March 28, 2023 motion to supplement the record is granted, and the record is supplemented to include the August 30, 2022 motion for summary judgment hearing transcript. Said supplemental record is deemed filed as of the date of this order.
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|
| Docket Date |
2023-03-29
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-03-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ WESTERN WORLD INSURANCE COMPANY
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-03-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/21/2023
|
|
| Docket Date |
2023-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-02-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Pompano Beach Community Redevelopment Agency
|
|
| Docket Date |
2023-02-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Pompano Beach Community Redevelopment Agency
|
|
| Docket Date |
2023-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Pompano Beach Community Redevelopment Agency
|
|
| Docket Date |
2023-01-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 02/20/2023
|
|
| Docket Date |
2022-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-11-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,051 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Pompano Beach Community Redevelopment Agency
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 01/06/2023
|
|
| Docket Date |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-09-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Pompano Beach Community Redevelopment Agency
|
|
| Docket Date |
2022-09-15
|
| 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 |
2022-09-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Pompano Beach Community Redevelopment Agency
|
|
|
|
PATRICK GIGANTI, Appellant(s) v. TILES OF POMPANO, INC., et al., Appellee(s).
|
4D2022-2335
|
2022-08-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-010646
|
Parties
| Name |
Patrick Giganti
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ken Frankel, Daniel Adam Bushell, Todd McPharlin
|
|
| Name |
TILES OF POMPANO INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
W. Hampton Johnson, David M. Tarlow, Randy J. Lipkien, Megan Gisclar Colter, Thomas Anthony Valdez
|
|
| Name |
ANZCO, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Pompano Beach Community Redevelopment Agency
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ANZCO, INC.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2022-12-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2024-03-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-11-21
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-11-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Patrick Giganti
|
| View |
View File
|
|
| Docket Date |
2023-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-10-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2023-10-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
15 DAYS TO 10/23/2023.
|
|
| Docket Date |
2023-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-08-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ Anzco, Inc.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-08-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ TILES OF POMPANO, INC.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco, Inc.’s, July 25, 2023 amended motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) 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.
|
|
| Docket Date |
2023-07-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED. ANZCO, INC.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-07-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ **AMENDED MOTION FILED** Anzco, Inc.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TILES OF POMPANO, INC., and POMPANO BEACH COMMUNITY REDEVELOPMENT AGENCY
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco, Inc.’s June 20, 2023 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) 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.
|
|
| Docket Date |
2023-06-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ Anzco, Inc.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco’s May 5, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 20, 2023. 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.
|
|
| Docket Date |
2023-05-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ Anzco, Inc.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-04-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-04-06
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 63 PAGES
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-04-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's March 30, 2023 motion to supplement the record is granted, and appellant shall file the supplemental record within five (5) days from the date of this order.
|
|
| Docket Date |
2023-03-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ AMENDED.
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **AMENDED MOTION FILED**
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's February 22, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within twenty-eight (28) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2023-02-22
|
| 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 |
Patrick Giganti
|
|
| Docket Date |
2023-01-26
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 23, 2022 order is amended as follows: Upon consideration of appellant’s December 30, 2022 motion to consolidate and January 3, 2023 response, it is ORDERED that this court’s December 20, 2022 and December 21, 2022 orders to show cause are discharged. Further, ORDERED that the December 30, 2022 motion to consolidate is granted, and case numbers 4D22-1955, 4D22-2335, and 4D22-2669 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 4D22-1955. The initial brief shall be filed within thirty (30) days of the date of the order.
|
|
| Docket Date |
2023-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ Upon consideration of appellant’s December 30, 2022 motion to consolidate and January 3, 2023 response, it is ORDERED that this court’s December 20, 2022 and December 21, 2022 orders to show cause are discharged. Further, ORDERED that the December 30, 2022 motion to consolidate is granted, and case numbers 4D22-1955, 4D22-2335, and 4D22-2669 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 4D22-1955.
|
|
| Docket Date |
2022-12-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ AND UNOPPOSED MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-11-30
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-10-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,051 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2022-08-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-08-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco, Inc.'s August 28, 2023 motion for extension of time is granted, and appellee shall serve the answer brief within seven (7) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-12-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that, upon consideration of appellant’s response filed on December 12, 2022, this court’s November 30, 2022 order to show cause is discharged. Further, ORDERED that appellant’s December 12, 2022 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2022-08-25
|
| 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.
|
|
|
|
PATRICK GIGANTI, Appellant(s) v. TILES OF POMPANO, INC., et al., Appellee(s)
|
4D2022-1955
|
2022-07-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-010646
|
Parties
| Name |
Patrick Giganti
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ken Frankel, Todd McPharlin, Daniel Adam Bushell
|
|
| Name |
TILES OF POMPANO INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Randy J. Lipkien, W. Hampton Johnson, David M. Tarlow, Thomas Anthony Valdez, Gina Elena Romanik, Megan Gisclar Colter
|
|
| Name |
Pompano Beach Community Redevelopment Agency
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Anzo, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 11/11/22
|
|
| Docket Date |
2024-03-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-11-21
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-11-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Patrick Giganti
|
| View |
View File
|
|
| Docket Date |
2023-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-10-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2023-10-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
15 DAYS TO 10/23/2023.
|
|
| Docket Date |
2023-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-09-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ANZCO, INC.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco, Inc.'s August 28, 2023 motion for extension of time is granted, and appellee shall serve the answer brief within seven (7) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2023-08-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ Anzco, Inc.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-08-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ TILES OF POMPANO, INC.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2022-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/12/22.
|
|
| Docket Date |
2022-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco, Inc.’s, July 25, 2023 amended motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) 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.
|
|
| Docket Date |
2023-07-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED. ANZCO, INC.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-07-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ **AMENDED MOTION FILED** Anzco, Inc.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-07-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 8/4/23.
|
|
| Docket Date |
2023-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TILES OF POMPANO, INC., and POMPANO BEACH COMMUNITY REDEVELOPMENT AGENCY
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco, Inc.’s June 20, 2023 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) 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.
|
|
| Docket Date |
2023-06-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ Anzco, Inc.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/20/23.
|
|
| Docket Date |
2023-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Anzco’s May 5, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 20, 2023. 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.
|
|
| Docket Date |
2023-05-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ Anzco, Inc.
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2023-05-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 6/20/23.
|
|
| Docket Date |
2023-04-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-04-06
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 63 PAGES
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-04-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's March 30, 2023 motion to supplement the record is granted, and appellant shall file the supplemental record within five (5) days from the date of this order.
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|
| Docket Date |
2023-03-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ AMENDED.
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **AMENDED MOTION FILED**
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2023-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's February 22, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within twenty-eight (28) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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|
| Docket Date |
2023-02-22
|
| 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 |
Patrick Giganti
|
|
| Docket Date |
2023-01-26
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 23, 2022 order is amended as follows: Upon consideration of appellant’s December 30, 2022 motion to consolidate and January 3, 2023 response, it is ORDERED that this court’s December 20, 2022 and December 21, 2022 orders to show cause are discharged. Further, ORDERED that the December 30, 2022 motion to consolidate is granted, and case numbers 4D22-1955, 4D22-2335, and 4D22-2669 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 4D22-1955. The initial brief shall be filed within thirty (30) days of the date of the order.
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|
| Docket Date |
2023-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ **AMENDED ORDER ISSUED 1/26/23**Upon consideration of appellant's December 30, 2022 motion to consolidate and January 3, 2023 response, it is ORDERED that this court's December 20, 2022 and December 21, 2022 orders to show cause are discharged. Further, ORDERED that the December 30, 2022 motion to consolidate is granted, and case numbers 4D22-1955, 4D22-2335, and 4D22-2669 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 4D22-1955.
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|
| Docket Date |
2022-12-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-12-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-12-20
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 30, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-09-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1021 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-07-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Patrick Giganti
|
|
| Docket Date |
2022-07-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
BENJIE SPERLING, etc. VS TILES OF POMPANO, INC., MADELINE HUGHES, et al.
|
4D2014-2515
|
2014-07-07
|
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
14-2130 (21)
|
Parties
| Name |
BENJIE SPERLING
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
STEPHEN M. SPERLING
|
|
| Name |
TILES OF POMPANO INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CRAIG A. SACKLER, Brian Abelow, Bradley R. Weiss
|
|
| Name |
MADELINE HUGHES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John J. Murphy , III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-09-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BENJIE SPERLING
|
|
| Docket Date |
2014-09-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Stephen M. Sperling 0091666
|
|
| Docket Date |
2014-09-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO ANSWER BRIEF
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2014-12-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2014-09-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2014-11-13
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2014-12-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-12-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, Madeline Hughes' motion filed August 20, 2014, for extension of time, is granted and appellee shall serve the answer brief on or before September 9, 2014. 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.
|
|
| Docket Date |
2014-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2014-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's motion filed July 29, 2014, for extension of time is granted, and appellee shall serve the answer brief or before August 25, 2014. 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.
|
|
| Docket Date |
2014-07-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Tiles of Pompano, Inc.
|
|
| Docket Date |
2014-07-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
BENJIE SPERLING
|
|
| Docket Date |
2014-07-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BENJIE SPERLING
|
|
| Docket Date |
2014-07-16
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Craig Sackler has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-07-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-07-11
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Stephen M. Sperling 0091666
|
|
| Docket Date |
2014-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2014-07-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2014-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BENJIE SPERLING
|
|
|
