|
34TH STREET, LLC VS PRO KARTING EXPERIENCE, INC.
|
2D2022-4243
|
2022-12-19
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2021CA003424XXCICI
|
Parties
| Name |
34TH STREET, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOHN D. GOOD
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PRO KARTING EXPERIENCE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JASON S. LAMBERT, ESQ.
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-27
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-06-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss appeal as untimely filed ~ The motion to withdraw as counsel for the Appellant filed by Attorney MichaelPaul Beltran is granted. Attorney Beltran is relieved of further appellate responsibilities.Because business entities must be represented by counsel when appearing in Floridastate courts, see Punta Gorda Pines Dev., Inc. v. Slack Excavating, Inc., 468 So. 2d438, 438 (Fla. 2d DCA 1985), if Appellant wishes to participate further in this appeal,Appellant must secure new counsel, who must file a notice of appearance in this court.The stay imposed by this court's January 24, 2023, order is lifted.This appeal is dismissed as untimely filed. Appellant's provisional motion for anextension of time is denied as moot.
|
|
| Docket Date |
2023-06-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ NORTHCUTT, BLACK, and LABRIT
|
|
| Docket Date |
2023-05-25
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-05-25
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ Attorney Michael Paul Beltran has filed a motion to withdraw as counsel for theappellant. The motion states that another attorney has been retained to represent theAppellant. However, that attorney has not filed a notice of appearance in this case. AndAttorney Beltran's motion only serves that attorney and not the appellant. Accordingly,the motion is denied without prejudice to, within seven days of the date of this order, filean amended motion that complies with Florida Rule of Appellate Procedure 9.440(d)with respect to serving a copy of the motion on the appellant. Appellant's mailingaddress shall be included in the certificate of service in an amended motion to withdraw.
|
|
| Docket Date |
2023-05-19
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ AND STATUS REPORT
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-05-19
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
counsel substitution ~ Pursuant to the filing of the notice of substitution of counsel, Attorney Jason S. Lambert of the law office of Hill Ward Henderson is substituted as Appellee's counsel of record and Attorney Brandon T. Holmes and the law firm Dinsmore & Shohl LLP are relieved of further appellate responsibilities.
|
|
| Docket Date |
2023-05-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
PRO KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-01-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Pursuant to the Appellant's provisional notice of legislative stay pursuant tosection 11.111, Florida Statutes (2022), this appeal shall be held in abeyance pursuant to the statute. The Appellant shall file a status report by May 22, 2023.
|
|
| Docket Date |
2023-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PRO KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-01-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ PROVISIONAL MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-01-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ PROVISIONAL NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-01-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-01-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-01-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ (set-up from Amended NOA in 22-3139)
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2022-12-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
|
|
34TH STREET, LLC VS PRO KARTING EXPERIENCE, INC.
|
2D2022-3139
|
2022-09-22
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2021CA003424XXCICI
|
Parties
| Name |
34TH STREET, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
WALTER SOWA, III, ESQ.
|
|
| Name |
PRO KARTING EXPERIENCE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JAY L. FARROW, ESQ.
|
|
| Name |
HON. THOMAS M. RAMSBERGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Appellee's Joint Stipulation for Substitution of Counsel and Notice to Clerk to Update Attorney Information is treated as a motion to substitute counsel and is denied. The denial is without prejudice to filing a motion that complies with Florida Rule of Appellate Procedure 9.440(d)(3).
|
|
| Docket Date |
2023-11-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
PRO KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-08-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost
|
| On Behalf Of |
PRO KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-08-17
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
PRO KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2024-04-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2024-03-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2023-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-GRANT SUBSTIT. OF COUNSEL ~ The motion to withdraw as counsel is treated as a motion to substitute counsel and is granted. Attorneys Jason Lambert and Tyler Troyer and the law firm of Hill Ward Henderson, P.A., are withdrawn and relieved of further responsibility in this proceeding. Attorney Jay L. Farrow of Farrow Law P.A. is substituted as counsel of record for Appellee Pro-Karting Experience, Inc.
|
|
| Docket Date |
2023-12-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ ***TREATED AS A MOTION TO SUBSTITUTE COUNSEL PER 12/5/23 ORDER***
|
| On Behalf Of |
PRO KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-07-17
|
| 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 |
PRO KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-06-16
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-06-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PRO KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-05-24
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-STAY LIFTED ~ The stay imposed by this court's November 30, 2022, order is lifted. This appealwill proceed. Appellant's motion for an extension of time is granted to the extent thatAppellant shall serve the initial brief by June 20, 2023.
|
|
| Docket Date |
2023-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
counsel substitution ~ Pursuant to the filing of the notice of substitution of counsel, Attorney WalterSowa, III, is substituted as Appellant's counsel of record and Attorney Michael PaulBeltran is relieved of further appellate responsibilities.
|
|
| Docket Date |
2023-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-05-16
|
| 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 |
34TH STREET, LLC
|
|
| Docket Date |
2023-05-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-05-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
PRO KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-02-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellant's status report is treated as a motion to extend stay and granted. The stay imposed by this court's November 30, 2022, order is extended until May 20, 2023. The Appellant shall file a status report by May 20, 2023.
|
|
| Docket Date |
2023-02-06
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2023-01-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ ***TREATED AS A MOTION TO EXTEND STAY PER 2/27/23 ORDER***STATUS REPORT ON LEGISLATIVE STAY
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2023-01-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ PROVISIONAL NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2022-12-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant has filed an amended notice of appeal seeking review of a November16, 2022, order. The November 16, 2022, order is outside the scope of review in thisappeal. Accordingly, Appellant's amended notice of appeal will initiate a newproceeding. A separate acknowledgment of case will issue. As appropriate, the partiesmay file motions to consolidate the appeals.
|
|
| Docket Date |
2022-12-20
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ CERTIFIED
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2022-12-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ NOT CERTIFIED
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2022-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ The Appellant's motion for stay pursuant to section 11.111, Florida Statutes, is granted. This appeal shall be held in abeyance pursuant to the statute. The Appellant shall file a status report by January 24, 2023.
|
|
| Docket Date |
2022-11-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2022-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Grant EOT Record & Brief-28c ~ Appellant's unopposed motion for extension of time to serve initial brief is granted to the extent that Appellant shall serve the initial brief within 30 days of the date of this order.
|
|
| Docket Date |
2022-10-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time for Record & Brief ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSIONOF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by October 28, 2022.
|
|
| Docket Date |
2022-10-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSIONOF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2022-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE WITH FILING FEE
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2022-09-30
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ APPELLEE'S NOTICE OF APPEARANCEAND DESIGNATION OF EMAILS
|
| On Behalf Of |
PRO KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's September 23, 2022, order to show cause is hereby discharged.
|
|
| Docket Date |
2022-09-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-09-23
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2022-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH NOTiCE OF PRIOR APPEALS ARISING FROM SAME AND PRIOR BREACHES
|
| On Behalf Of |
34TH STREET, LLC
|
|
| Docket Date |
2022-09-23
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ certified copy of order being appealed
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2022-09-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-05-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee's motion for appellate attorney's fees, filed pursuant to Florida Rule of Appellate Procedure 9.400(b), section 59.46, Florida Statutes, and the terms of the underlying lease, is granted with respect to entitlement. The trial court shall determine the amount of any fee award.In the motion for appellate attorney's fees, Appellee also sought costs. The Appellee's request for costs is stricken without prejudice to the Appellee to file a timely motion with the lower tribunal. See Fla. R. App. P. 9.400(a).
|
|
| Docket Date |
2023-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by August 17, 2023.
|
|
| Docket Date |
2023-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
counsel substitution ~ Pursuant to the filing of the notice of substitution of counsel, Attorney Jason S. Lambert of the law office of Hill Ward Henderson is substituted as Appellee's counsel of record and Attorney Brandon T. Holmes and the law firm Dinsmore & Shohl LLP are relieved of further appellate responsibilities.
|
|
|
|
PRO-KARTING EXPERIENCE, INC. VS 34TH STREET, L L C
|
2D2022-2577
|
2022-08-10
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2021-003424-CI
|
Parties
| Name |
PRO KARTING EXPERIENCE, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
JAY L. FARROW, ESQ., BRANDON T. HOLMES, ESQ., Tyler C. Troyer, Esq.
|
|
| Name |
34TH STREET, L.L.C.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
MICHAEL PAUL BELTRAN, ESQ., WALTER SOWA, III, ESQ.
|
|
| Name |
HON. THOMAS M. RAMSBERGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2024-02-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-01-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Authored Opinion ~ in part as moot; dismissed in part as untimely filed.
|
|
| Docket Date |
2024-01-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Petitioner's motion for attorney's fees is denied.
|
|
| Docket Date |
2023-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-GRANT SUBSTIT. OF COUNSEL ~ Appellant's motion for substitution of counsel is granted. Attorney Jason S. Lambert and Hill Ward Henderson are withdrawn and relieved of further responsibility in this proceeding. Attorney Jay L. Farrow of Farrow Law P.A. is substituted as counsel of record for Appellant Pro-Karting Experience, Inc.Attorney Jason S. Lambert's "Motion to Withdraw as Counsel for Pro-Karting Experience, Inc." is denied as moot.
|
|
| Docket Date |
2023-12-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-11-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITIONER'S PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2023-07-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2023-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2023-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2023-05-25
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2023-05-19
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2023-05-19
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2023-01-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ STATUS REPORT ON LEGISLATIVE STAY
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ Respondent’s “notice of legislative stay” is treated as a motion for stay pursuantto section 11.111, Florida Statutes. The motion for stay is granted, and this appeal shallbe held in abeyance pursuant to the statute. Respondent shall file a status report byJanuary 23, 2023.
|
|
| Docket Date |
2022-11-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ RESPONDENT'S AMENDED1 MOTION FOR EXTENSIONOF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-10-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Extension of Time For Supp.Record & Brief ~ RESPONDENT'S UNOPPOSED MOTION FOR EXTENSIONOF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Respondent's unopposed motion for an extension of time is granted, and theresponse to the petition for writ of certiorari shall be served by October 28, 2022.
|
|
| Docket Date |
2022-10-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ RESPONDENT'S UNOPPOSED MOTION FOR EXTENSIONOF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-09-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ MOTION FOR ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-08-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PETITIONER'S STATUS REPORT CONCERNING TRIAL COURT RULING ON EMERGENCY MOTION TO STAY
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-08-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-08-10
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-08-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-01-12
|
| Type |
Disposition (SC)
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Authored Opinion ~ in part as moot; dismissed in part as untimely filed.
|
|
| Docket Date |
2023-06-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The stay imposed on this proceeding pursuant to section 11.111, Florida Statutesis hereby lifted.The motion to withdraw as counsel for the Respondent filed by Attorney MichaelP. Beltran is granted. Attorney Beltran and the law firm of Beltran Litigation, P.A. arerelieved of further appellate responsibilities. Because corporate entities must berepresented by counsel when appearing in Florida state courts, see Parrot CoveMarina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA2008), the Respondent shall secure new counsel, who must file a notice of appearancein this court. If counsel does not file an appearance within 30 days of the date of thisorder, this case will proceed without a response and review will be decided solely on thepetition.Respondent shall serve the response to the petition for writ of certiorari within 30days of the date of this order.
|
|
| Docket Date |
2022-09-07
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Respondent's unopposed motion for an extension of time is granted, and theresponse to the petition for writ of certiorari shall be served by October 6, 2022.
|
|
| Docket Date |
2022-09-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ UNOPPOSED MOTION FOR EXTENSIONOF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ Petitioner’s motion to review the trial court’s “de facto” denial of a motion to stay,contained in the petition for writ of certiorari, is granted only to the extent that aprovisional stay of the writ of possession is entered until the trial court formally rules onpetitioner's motion to stay, filed in the lower tribunal on August 8, 2022. Within 10 daysof this order, Petitioner shall provide this court with a status report concerning the trialcourt’s ruling on the motion to stay, at which time this court will consider the necessity ofmaintaining the provisional stay. Once an order on the motion to stay is rendered,Petitioner may seek review of any adverse ruling in this court.Respondent shall serve a response to the petition for writ of certiorari within 20days. Petitioner may serve a reply within 20 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
|
|
34TH STREET, L L C VS PRO-KARTING EXPERIENCE, INC.
|
2D2021-1152
|
2021-04-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2019-CA-2785
|
Parties
| Name |
34TH STREET, L.L.C.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MICHAEL PAUL BELTRAN, ESQ.
|
|
| Name |
PRO KARTING EXPERIENCE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BRANDON T. HOLMES, ESQ., JASON S. LAMBERT, ESQ.
|
|
| Name |
HON. KEITH MEYER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2023-06-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost ~ REQUEST FOR ORDER ON APPELLEES' AMENDED MOTION FOR ATTORNEYS' FEES AND COSTS
|
|
| Docket Date |
2023-01-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ 34th Street LLC's motion for appellate attorneys’ fees and costs is denied.
|
|
| Docket Date |
2022-11-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-11-11
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-11-09
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2022-07-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ *AMENDED* APPELLEES' RESPONSE TO 34TH STREET'S OPPOSITION TO APPELLEES' MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO 34TH STREET'S OPPOSITION TO APPELLEES' MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-07-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AMENDED1 MOTION FOR ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-07-12
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ TO APPELLEES' MOTION FOR APPELLATE ATTORNEY FEES
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-07-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ MOTION FOR ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellant’s “Request for Judicial Notice” is denied.
|
|
| Docket Date |
2022-06-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AMENDED RESPONSE IN OPPOSITION TO APPELLANT'S REQUEST FOR JUDICIAL NOTICE *amended w/ appendix*
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-06-03
|
| Type |
Order
|
| Subtype |
Order Rejecting Filing
|
| Description |
E-Filing Rejected ~ Habibollah Shobeiri, ET AL. has electronically submitted a document entitled Appendix To Request for Judicial Notice in multiple parts. The document must be combined into a single document unless it exceeds the file size limit of the Florida Courts E-Filing Portal. This filing has been rejected and must be resubmitted in a form that complies with the applicable rules.
|
|
| Docket Date |
2022-06-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ APPELLANT'S AMENDED REQUEST FOR VIDEO ORAL ARGUMENT
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING AMENDED APPENDIX IN CONNECTION WITH APPELLANT'S REQUEST FOR JUDICIAL NOTICE
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-06-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Request for Judicial Notice
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-06-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-06-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-06-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-04-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ UPDATED NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2022-01-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2021-12-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shallbe served within five days from the date of this order.
|
|
| Docket Date |
2021-12-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2021-12-29
|
| 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 |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2021-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shallbe served by December 29, 2021.
|
|
| Docket Date |
2021-12-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ NOTICE OF AGREEMENT TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2021-11-29
|
| 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 |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2021-10-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellants’ counsel's notice of legislative stay is accepted, and appellants’ initial brief filed on October 27, 2021, is accepted as timely filed.
|
|
| Docket Date |
2021-10-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2021-10-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2021-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
counsel substitution ~ Pursuant to the filing of the notice of substitution of counsel, Attorneys Jason S. Lambert and Brandon T. Holmes are substituted as Appellee's counsel of record and Attorney Sheri L. Freeman-Nova is relieved of further appellate responsibilities.
|
|
| Docket Date |
2021-08-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2021-07-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2021-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESSES
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2021-07-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 53 PAGES
|
|
| Docket Date |
2021-06-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF COMPLIANCE
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2021-06-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-05-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2021-04-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AMENDED - CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-04-20
|
| Type |
Order
|
| Subtype |
Order to Travel Together
|
| Description |
travel together ~ Appeal numbers 2D21-1152 and 2D21-1151 will travel together. Subsequent filings, including records and briefs, shall be filed in each case and shall contain the appropriate appeal number. The cases are not consolidated for any purpose at this time.
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2021-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2021-04-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-04-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-06-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MEYER - REDACTED - 925 PAGES
|
|
| Docket Date |
2021-05-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ MOTION TO CONSOLIDATE
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2023-07-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellees' "Request For Order On Appellees' Amended Motion For Attorneys' Fees And Costs" is denied.
|
|
| Docket Date |
2022-09-09
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, NOVEMBER 09, 2022, at 11:00 A.M., before: Judge Stevan T. Northcutt, Judge Morris Silberman, Judge Daniel H. Sleet. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2021-09-27
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellants’ initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2021-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME//22 - IB DUE 9/17/21
|
| On Behalf Of |
34TH STREET, L L C
|
|
| Docket Date |
2021-08-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellants’ notice of legislative stay pursuant to section 11.111, Florida Statutes (2020), is acknowledged. As stated in the notice, the time for filing the initial brief was tolled by section 11.111 and by the filing of the motions to consolidate and to supplement the record in accordance with Florida Rule of Appellate Procedure 9.300(b) through June 17, 2021. Accordingly, Appellant shall serve the initial brief by August 26, 2021.
|
|
| Docket Date |
2021-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-GRANTING CONSOLIDATION ~ Appellants' motion to consolidate is granted, and the above cases are consolidated for appeal for all purposes. All electronic filings in these consolidated cases shall be filed using the earliest case number.Appellants' motion to supplement the record is granted, and appellants shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2021-05-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
34TH STREET, L L C
|
|
|
|
HABIBOLLAH SHOBEIRI, ET AL. VS TERRY DOWNS AND BOBBIE DOWNS
|
2D2021-1151
|
2021-04-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2019-CA-1799
|
Parties
| Name |
34TH STREET, L.L.C.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PRO KARTING EXPERIENCE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HABIBOLLAH SHOBEIRI
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MICHAEL PAUL BELTRAN, ESQ., THOMAS A. BURNS, ESQ.
|
|
| Name |
BOBBIE DOWNS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TERRY DOWNS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tyler C. Troyer, Esq., JASON S. LAMBERT, ESQ., BRANDON T. HOLMES, ESQ.
|
|
| Name |
HON. KEITH MEYER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellees' "Request For Order On Appellees' Amended Motion For Attorneys' Fees And Costs" is denied.
|
|
| Docket Date |
2023-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
TERRY DOWNS
|
|
| Docket Date |
2023-06-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost ~ REQUEST FOR ORDER ON APPELLEES' AMENDED MOTION FOR ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
TERRY DOWNS
|
|
| Docket Date |
2023-01-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ 34th Street LLC's motion for appellate attorneys’ fees and costs is denied.
|
|
| Docket Date |
2022-11-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-11-11
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2022-11-09
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2022-09-09
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, NOVEMBER 09, 2022, at 11:00 A.M., before: Judge Stevan T. Northcutt, Judge Morris Silberman, Judge Daniel H. Sleet. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2022-07-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ *AMENDED* APPELLEES' RESPONSE TO 34TH STREET'S OPPOSITION TO APPELLEES' MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
TERRY DOWNS
|
|
| Docket Date |
2022-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO 34TH STREET'S OPPOSITION TO APPELLEES' MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
TERRY DOWNS
|
|
| Docket Date |
2022-07-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AMENDED1 MOTION FOR ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
TERRY DOWNS
|
|
| Docket Date |
2022-07-12
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ TO APPELLEES' MOTION FOR APPELLATE ATTORNEY FEES
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2022-07-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ MOTION FOR ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
PRO-KARTING EXPERIENCE, INC.
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellant’s “Request for Judicial Notice” is denied.
|
|
| Docket Date |
2022-06-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLANT'S REQUEST FOR JUDICIAL NOTICE
|
| On Behalf Of |
TERRY DOWNS
|
|
| Docket Date |
2022-06-03
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Appendix/Attachment to Notice
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2022-06-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ APPELLANT'S AMENDED REQUEST FOR VIDEO ORAL ARGUMENT
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2022-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
| Docket Date |
2022-06-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Request for Judicial Notice
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2022-06-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2022-06-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2022-06-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2022-04-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ UPDATED NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2022-01-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2021-12-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shallbe served within five days from the date of this order.
|
|
| Docket Date |
2021-12-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
TERRY DOWNS
|
|
| Docket Date |
2021-12-29
|
| 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 |
TERRY DOWNS
|
|
| Docket Date |
2021-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shallbe served by December 29, 2021.
|
|
| Docket Date |
2021-12-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ NOTICE OF AGREEMENT TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
TERRY DOWNS
|
|
| Docket Date |
2021-11-29
|
| 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 |
TERRY DOWNS
|
|
| Docket Date |
2021-10-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellants’ counsel's notice of legislative stay is accepted, and appellants’ initial brief filed on October 27, 2021, is accepted as timely filed.
|
|
| Docket Date |
2021-10-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2021-10-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2021-09-27
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellants’ initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2021-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME//22 - IB DUE 9/17/21
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2021-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
counsel substitution ~ Pursuant to the filing of the notice of substitution of counsel, Attorneys Jason S. Lambert and Brandon T. Holmes are substituted as Appellee's counsel of record and Attorney Sheri L. Freeman-Nova is relieved of further appellate responsibilities.
|
|
| Docket Date |
2021-08-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
TERRY DOWNS
|
|
| Docket Date |
2021-08-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellants’ notice of legislative stay pursuant to section 11.111, Florida Statutes (2020), is acknowledged. As stated in the notice, the time for filing the initial brief was tolled by section 11.111 and by the filing of the motions to consolidate and to supplement the record in accordance with Florida Rule of Appellate Procedure 9.300(b) through June 17, 2021. Accordingly, Appellant shall serve the initial brief by August 26, 2021.
|
|
| Docket Date |
2021-07-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF LEGISLATIVE STAY
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2021-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESSES
|
| On Behalf Of |
TERRY DOWNS
|
|
| Docket Date |
2021-07-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 53 PAGES
|
|
| Docket Date |
2021-06-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-06-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF COMPLIANCE
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2021-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-GRANTING CONSOLIDATION ~ Appellants' motion to consolidate is granted, and the above cases are consolidated for appeal for all purposes. All electronic filings in these consolidated cases shall be filed using the earliest case number.Appellants' motion to supplement the record is granted, and appellants shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2021-06-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MEYER - REDACTED - 989 PAGES
|
|
| Docket Date |
2021-05-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2021-05-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ MOTION TO CONSOLIDATE
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2021-05-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2021-04-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-04-20
|
| Type |
Order
|
| Subtype |
Order to Travel Together
|
| Description |
travel together ~ Appeal numbers 2D21-1152 and 2D21-1151 will travel together. Subsequent filings, including records and briefs, shall be filed in each case and shall contain the appropriate appeal number. The cases are not consolidated for any purpose at this time.
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2021-04-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
HABIBOLLAH SHOBEIRI
|
|
| Docket Date |
2021-04-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
