|
MOSHE FARACHE VS ARBY LIPMAN, LLC and ARBY LIPMAN, Individually
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4D2023-0382
|
2023-02-13
|
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
502022CA003759XXXMB
|
Parties
| Name |
MOSHE FARACHE INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott C. Gherman
|
|
| Name |
ARBY LIPMAN LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Evan D. Appell, C. Cory Mauro
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2023-04-20
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's April 20, 2023 order is amended as follows: ORDERED that pursuant to the stipulation for substitution of counsel filed April 17, 2023, the law firm of Scott C. Gherman, P.A., is substituted for the law firm of Farrow Law, P.A., as counsel for appellant in the above-styled cause.
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|
| Docket Date |
2023-02-16
|
| 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.
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|
| Docket Date |
2023-08-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-08-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-08-09
|
| Type |
Disposition by Opinion
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| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion ~ ON CONFESSION OF ERROR
|
|
| Docket Date |
2023-07-17
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
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| On Behalf Of |
Arby Lipman, LLC
|
|
| 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 appellees' June 20, 2023 motion for extension of time is granted, and appellees shall serve the answer brief within forty-five (45) days from the current due date. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
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|
| 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
|
| On Behalf Of |
Arby Lipman, LLC
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellant's June 15, 2023 motion to withdraw the May 19, 2023 motion is granted, and the May 19, 2023 “Motion to Temporarily Relinquish Jurisdiction to the Lower Tribunal/Trial Court and to Stay Appellate Proceedings Pending Adjudication of Appellant’s Motion for Reconsideration and/or to Vacate the Order Granting Motion to Lift Stay, for Leave to File Amended Complaint, and Leave to Seek Punitive Damages Against Moshe Farache” is considered withdrawn.
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| Docket Date |
2023-06-15
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| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings ~ "NOTICE OF WITHDRAWAL OF MOTION TO TEMPORARILY RELINQUISH JURISDICTION TO THE LOWER TRIBUNAL/TRIAL COURT AND TO STAY APPELLATE PROCEEDINGS PENDING ADJUDICATION OF APPELLANT'S MOTION FOR RECONSIDERATION AND/OR TO VACATE THE ORDER GRANTING MOTION TO LIFT STAY, FOR LEAVE TO FILE AMENDED COMPLAINT, AND LEAVE TO SEEK PUNITIVE DAMAGES"
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| On Behalf Of |
Moshe Farache
|
|
| Docket Date |
2023-06-09
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| Type |
Order
|
| Subtype |
Order to File Response
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| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellant’s May 19, 2023 motion for relinquishment of jurisdiction.
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| Docket Date |
2023-06-02
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
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| On Behalf Of |
Moshe Farache
|
|
| Docket Date |
2023-06-02
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| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
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| On Behalf Of |
Moshe Farache
|
|
| Docket Date |
2023-05-31
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
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| On Behalf Of |
Moshe Farache
|
|
| Docket Date |
2023-05-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
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| On Behalf Of |
Moshe Farache
|
|
| Docket Date |
2023-05-30
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| 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 May 26, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 31, 2023. 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.
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| Docket Date |
2023-05-26
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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 |
Moshe Farache
|
|
| Docket Date |
2023-05-19
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| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
Motion To Relinquish Jurisdiction ~ ***WITHDRAWN***
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| On Behalf Of |
Moshe Farache
|
|
| Docket Date |
2023-05-02
|
| 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 May 1, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 26, 2023. 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.
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| Docket Date |
2023-05-01
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| 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 |
Moshe Farache
|
|
| Docket Date |
2023-03-14
|
| 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 March 7, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within forty-five (45) 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.
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| Docket Date |
2023-03-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
Moshe Farache
|
|
| Docket Date |
2023-02-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Moshe Farache
|
|
| Docket Date |
2023-02-21
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| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. Fla. R. App. P. 9.130(a)(3)(G). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
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| Docket Date |
2023-02-16
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-02-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-02-13
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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 |
Moshe Farache
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|
| Docket Date |
2023-04-17
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion For Substitution of Counsel
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| Description |
Motion For Substitution of Counsel
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| On Behalf Of |
Moshe Farache
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|
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MOSHE FARACHE VS FVP OPPORTUNITY FUND III, LP, et al.
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4D2022-2465
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2022-09-07
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Closed
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|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
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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
CACE22-005125
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Parties
| Name |
MOSHE FARACHE INC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Jay L. Farrow
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|
| Name |
FVP Opportunity Fund III, LP
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Bradford M. Cohen
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|
| Name |
FVP SERVICING, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FVP INVESTMENTS, LLC
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| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Michele Towbin-Singer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-09-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
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|
| Docket Date |
2022-09-07
|
| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2022-09-07
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| Type |
Record
|
| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
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|
| Docket Date |
2022-09-07
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed
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| On Behalf Of |
Moshe Farache
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|
| Docket Date |
2022-10-20
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the September 7, 2022 petition for writ of certiorari is dismissed. See Bennett v. Berges, 84 So. 3d 373, 375 (Fla. 4th DCA 2012) (“[T]he trial court properly ordered an in camera review of the relevant documents claimed to be privileged. The order does not compel Petitioners to produce the documents to Respondents. After an in camera inspection, the trial court may determine that the documents are privileged and uphold Petitioners’ objection to the discovery request. Accordingly, because the order requires a party to submit allegedly protected materials only for an in camera inspection, and the trial court may never require disclosure of the documents to the opposing party, we hold that the petition is premature.”) KLINGENSMITH, C.J., WARNER and FORST, JJ., concur.
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MOSHE FARACHE, INC. VS FURI DEVELOPMENT, LLC, et al.
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4D2020-1311
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2020-06-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA000505
|
Parties
| Name |
MOSHE FARACHE INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott C. Gherman
|
|
| Name |
Timothy J. Furiate
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FURI DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Roger C. Brown, William B. Lewis, Steven Harry Meyer
|
|
| Name |
MOSHE FARACHE INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FARACHE ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 26, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-10-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-10-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-09-16
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non–appealable, non–final order, appellant shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991).
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|
| Docket Date |
2020-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S STATEMENT ON JURISDICTION
|
| On Behalf Of |
Furi Development, LLC
|
|
| Docket Date |
2020-07-02
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 19, 2020 motion for extension of time is granted, and appellant shall file a brief statement explaining the basis for this court’s jurisdiction over the order appealed in this case within ten (10) days from the date of this order.
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|
| Docket Date |
2020-06-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE STATEMENT ON JURISDICTION
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-22
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant 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 or other sanctions imposed for failure to comply with this court's September 16, 2020 order requiring appellant to obtain a final order and to file a copy in this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2020-06-09
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the “order on plaintiff’s motion for judgment on the pleadings on defendants’ breach of contract counterclaims and defendants’ second affirmative defense (setoff)” is an appealable final order, as (1) it grants judgment on the pleadings as to three of the six counts of the counterclaims while other counts remain pending; See Mendez v. W. Flagler Family Ass’n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011); and (2) it grants plaintiff’s motion for judgment on the pleadings as to three counts of the counterclaims but does not enter judgment for or against a party; See Golant v. German Shepherd Dog Club of Am., Inc., 26 So. 2d 60, 62 (Fla 4th DCA 2010); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645, 646 (Fla. 4th DCA 1991). FurtherAppellee may file a response within ten (10) days of service of that statement.
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|
| Docket Date |
2020-06-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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. 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 circuit court clerk's determination of indigent status is filed.
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|
|
|
MOSHE FARACHE, INC. VS FURI DEVELOPMENT, LLC, et al.
|
4D2020-1311
|
2020-06-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA000505
|
Parties
| Name |
MOSHE FARACHE INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott C. Gherman
|
|
| Name |
Timothy J. Furiate
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FURI DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Roger C. Brown, William B. Lewis, Steven Harry Meyer
|
|
| Name |
MOSHE FARACHE INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FARACHE ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 26, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-10-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-10-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-09-16
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non–appealable, non–final order, appellant shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991).
|
|
| Docket Date |
2020-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S STATEMENT ON JURISDICTION
|
| On Behalf Of |
Furi Development, LLC
|
|
| Docket Date |
2020-07-02
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 19, 2020 motion for extension of time is granted, and appellant shall file a brief statement explaining the basis for this court’s jurisdiction over the order appealed in this case within ten (10) days from the date of this order.
|
|
| Docket Date |
2020-06-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE STATEMENT ON JURISDICTION
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-22
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant 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 or other sanctions imposed for failure to comply with this court's September 16, 2020 order requiring appellant to obtain a final order and to file a copy in this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-06-09
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the “order on plaintiff’s motion for judgment on the pleadings on defendants’ breach of contract counterclaims and defendants’ second affirmative defense (setoff)” is an appealable final order, as (1) it grants judgment on the pleadings as to three of the six counts of the counterclaims while other counts remain pending; See Mendez v. W. Flagler Family Ass’n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011); and (2) it grants plaintiff’s motion for judgment on the pleadings as to three counts of the counterclaims but does not enter judgment for or against a party; See Golant v. German Shepherd Dog Club of Am., Inc., 26 So. 2d 60, 62 (Fla 4th DCA 2010); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645, 646 (Fla. 4th DCA 1991). FurtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-06-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
|
|
MILES EARLY, et al., VS YIFAT BARNINKA AND MOSHE FARACHE,
|
3D2015-1059
|
2015-05-09
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-8936
|
Parties
| Name |
MILES EARLY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RESTORATION MANAGEMENT 2013, INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
STEVEN H. MEYER
|
|
| Name |
MOSHE FARACHE INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KENNETH L. MINERLEY, GREGORY S. STARR
|
|
| Name |
YIFAT BARNINKA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOHN SCHLESINGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-11-04
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ Having determined that this court is without jurisdiction, this case is hereby dismissed. No motion for rehearing or reinstatement will be entertained by the court.
|
|
| Docket Date |
2015-10-30
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court
|
| On Behalf Of |
RESTORATION MANAGEMENT 2013,
|
|
| Docket Date |
2015-10-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2015-10-20
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2015-10-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-09-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2015-09-30
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Certiorari Denied (Including Resp & Reply) (DA30) ~ Following review of the petition for writ of certiorari and the response and reply thereto, it is ordered that said petition is hereby denied.
|
|
| Docket Date |
2015-07-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
MOSHE FARACHE
|
|
| Docket Date |
2015-06-01
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ to the response
|
| On Behalf Of |
RESTORATION MANAGEMENT 2013,
|
|
| Docket Date |
2015-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ May 7, 2015 Transcripts
|
| On Behalf Of |
RESTORATION MANAGEMENT 2013,
|
|
| Docket Date |
2015-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to pet. for writ of cert.
|
| On Behalf Of |
MOSHE FARACHE
|
|
| Docket Date |
2015-05-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
MOSHE FARACHE
|
|
| Docket Date |
2015-05-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for petitioners that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. The required three hundred ($300.00) dollar fee is to be paid to the Clerk of the Court on or before May 25, 2015.
|
|
| Docket Date |
2015-05-13
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondents are ordered to file a response within ten (10) days of the date of this order to the petition for writ of certiorari. Further, a reply may be filed five (5) days thereafter.
|
|
| Docket Date |
2015-05-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgement of new case with attachments. ** The $300 filing fee for petition is due.
|
|
| Docket Date |
2015-05-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
RESTORATION MANAGEMENT 2013,
|
|
| Docket Date |
2015-05-09
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
RESTORATION MANAGEMENT 2013,
|
|
| Docket Date |
2015-05-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
