|
TMBC, LLC d/b/a TRACKER MARINE BOAT CENTER, LLC VS DANIEL PENA, et al.
|
4D2017-2723
|
2017-08-28
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA007119XXXXMB
|
Parties
| Name |
TMBC, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RAUL Julio CHACON, Russell M. Pfeifer, STEPHANIE M SPRITZ, Kaylin S Grey
|
|
| Name |
TRACKER MARINE BOAT CENTER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TRACKER MARINE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL PENA, INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Philip M. Burlington, Adam J. Richardson, Jack P. Hill, Misty Taylor Chaves, Adam S. Hecht
|
|
| Name |
TRACKER MARINE GROUP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that the appellant's February 2, 2018 request for oral argument is denied.
|
|
| Docket Date |
2018-02-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
TMBC, LLC
|
|
| Docket Date |
2018-02-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
TMBC, LLC
|
|
| Docket Date |
7777-10-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CONSOLIDATED WITH 17-2712 FOR THE PURPOSE OF DESIGNATION TO THE SAME APPELLATE PANEL. SEE 10/10/2017 ORDER.***
|
|
| Docket Date |
2018-05-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-05-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-04-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's January 23, 2018 motion for extension of time is granted, and appellant shall serve the reply brief on or before February 2, 2018. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2018-01-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
TMBC, LLC
|
|
| Docket Date |
2018-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's January 4, 2018 motion for extension of time is granted, and appellant shall serve the reply brief on or before January 23, 2018. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2018-01-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
TMBC, LLC
|
|
| Docket Date |
2017-12-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
DANIEL PENA
|
|
| Docket Date |
2017-12-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
DANIEL PENA
|
|
| Docket Date |
2017-12-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
TMBC, LLC
|
|
| Docket Date |
2017-12-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not bookmarked 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 |
2017-12-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
TMBC, LLC
|
|
| Docket Date |
2017-12-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN, SEE 12/08/2017 ORDER***
|
| On Behalf Of |
TMBC, LLC
|
|
| Docket Date |
2017-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellee's November 13, 2017 response, it is ORDERED that appellant's November 13, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) 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 |
2017-11-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S THIRD MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
DANIEL PENA
|
|
| Docket Date |
2017-11-13
|
| 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 |
TMBC, LLC
|
|
| Docket Date |
2017-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ STATEMENT OF THE PROCEEDINGS
|
| On Behalf Of |
DANIEL PENA
|
|
| Docket Date |
2017-11-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO NOTICE OF FILING STATEMENT OF THE PROCEEDINGS
|
| On Behalf Of |
DANIEL PENA
|
|
| Docket Date |
2017-10-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's October 11, 2017 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 10, 2017. 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 |
2017-10-11
|
| 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 |
TMBC, LLC
|
|
| Docket Date |
2017-10-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellant's October 4, 2017 notice of similar case pending, it isORDERED sua sponte that the above–styled case numbers are now consolidated for the purpose of designation to the same appellate panel.
|
|
| Docket Date |
2017-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 15, 2017 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 11, 2017. 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 |
2017-09-15
|
| 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 |
TMBC, LLC
|
|
| Docket Date |
2017-08-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TMBC, LLC
|
|
| Docket Date |
2017-08-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MICHAEL MIRAGLIA VS DANIEL PENA, et al.
|
4D2017-2712
|
2017-08-25
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA007119XXXXMB
|
Parties
| Name |
MICHAEL MIRAGLIA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Charles M-P George, Misty Taylor Chaves
|
|
| Name |
TMBC, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRACKER MARINE BOAT CENTER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL PENA, INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RAUL Julio CHACON, DARRYL L. LEWIS, Adam J. Richardson, P. ZAK COLANGELO, Kaylin S Grey, Russell M. Pfeifer, WILLIAM EDWARDS, Jack P. Hill, Adam S. Hecht, Philip M. Burlington
|
|
| Name |
CMB,LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRACKER MARINE GROUP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRACKER MARINE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
7777-10-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***CONSOLIDATED WITH 17-2723 FOR THE PURPOSE OF DESIGNATION TO THE SAME APPELLATE PANEL. SEE 10/10/2017 ORDER.***
|
|
| Docket Date |
2018-05-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-05-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that the appellant's December 6, 2017 request for oral argument is denied.
|
|
| Docket Date |
2018-04-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-12-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MICHAEL MIRAGLIA
|
|
| Docket Date |
2017-12-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MICHAEL MIRAGLIA
|
|
| Docket Date |
2017-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's November 29, 2017 motion for extension of time is granted, and appellant shall serve the reply brief on or before December 6, 2017. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2017-11-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
MICHAEL MIRAGLIA
|
|
| Docket Date |
2017-11-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
DANIEL PENA
|
|
| Docket Date |
2017-11-01
|
| 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 October 31, 2017 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 |
2017-10-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (AMENDED)
|
| On Behalf Of |
DANIEL PENA
|
|
| Docket Date |
2017-10-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (CORRECTED) ***SEE THE AMENDED MOTION FILED 10/31/2017***
|
| On Behalf Of |
DANIEL PENA
|
|
| Docket Date |
2017-10-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellant's October 4, 2017 notice of similar case pending, it isORDERED sua sponte that the above–styled case numbers are now consolidated for the purpose of designation to the same appellate panel.
|
|
| Docket Date |
2017-10-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
MICHAEL MIRAGLIA
|
|
| Docket Date |
2017-10-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MICHAEL MIRAGLIA
|
|
| Docket Date |
2017-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
MICHAEL MIRAGLIA
|
|
| Docket Date |
2017-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 15, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within fourteen (14) 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 |
2017-09-15
|
| 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 |
MICHAEL MIRAGLIA
|
|
| Docket Date |
2017-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MICHAEL MIRAGLIA
|
|
| Docket Date |
2017-08-28
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-08-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MICHAEL MIRAGLIA
|
|
| Docket Date |
2017-08-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
TRACKER MARINE, LLC VS DANIEL PENA, et al.
|
4D2017-1398
|
2017-05-10
|
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
502016CA007119XXXXMB
|
Parties
| Name |
TRACKER MARINE GROUP
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
TRACKER MARINE, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
P. ZAK COLANGELO, RAUL Julio CHACON, WILLIAM EDWARDS
|
|
| Name |
TRACKER MARINE BOAT CENTER
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
TMBC, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
DANIEL PENA, INC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jack P. Hill, DARRYL L. LEWIS, Misty Taylor Chaves
|
|
| Name |
MICHAEL MIRAGLIA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-31
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed. Overbroad or burdensome discovery is not a ground for certiorari relief. Bd. of Trustees of Internal Improvement Trust Fund v. Am. Educ. Enterprises, LLC, 99 So. 3d 450, 456-57 (Fla. 2012); Homeward Residential, Inc. v. Rico, 110 So. 3d 470, 471 (Fla. 4th DCA 2013).CIKLIN, C.J., GERBER and FORST, JJ., concur.
|
|
| Docket Date |
2017-05-31
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-05-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2017-05-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-05-10
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
TRACKER MARINE, LLC
|
|
| Docket Date |
2017-05-10
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
TRACKER MARINE, LLC
|
|
| Docket Date |
2017-05-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
