|
BLUEWATER, INC., ET AL. VS CENTER STREET LENDING FUND IV SPE, LLC
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SC2021-0802
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2021-05-27
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Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062016CA005839AXXXCE
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D21-876
|
Parties
| Name |
Anthony Scott Walker
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BLUEWATER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Gary Barcus
|
|
| Name |
CENTER STREET LENDING FUND IV SPE, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
David B. Levin
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Brenda D. Forman
|
| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-27
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| Type |
Disposition
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| Subtype |
Rev DY Lack Juris
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| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
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|
| Docket Date |
2021-07-20
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| Type |
Order
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| Subtype |
ORDER-BRIEF STRICKEN AS UNAUTHORIZED
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| Description |
ORDER-BRIEF STRICKEN AS UNAUTHORIZED ~ Petitioner's reply brief on jurisdiction and appendix are hereby stricken as unauthorized as there are no provisions in the Florida Rules of Appellate Procedure for the filing of a reply brief on jurisdiction.
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|
| Docket Date |
2021-07-20
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| Type |
Brief
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| Subtype |
Juris Reply (Not Allowed)
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| Description |
JURIS REPLY BRIEF (NOT ALLOWED) ~ Petitioners' Reply Brief - Stricken July 20, 2021, as unauthorized.
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| On Behalf Of |
Bluewater, Inc.
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| View |
View File
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| Docket Date |
2021-07-19
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| Type |
Order
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| Subtype |
Brief Stricken
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| Description |
ORDER-BRIEF STRICKEN ~ In light of the filing of Respondent's Amended Brief on Jurisdiction filed with this Court on July 16, 2021, it is ordered that Respondent's Brief on Jurisdiction filed with this Court on July 16, 2021, is hereby stricken.
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| Docket Date |
2021-07-16
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| Type |
Order
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| Subtype |
Certificate of Compliance
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| Description |
ORDER-CERTIFICATE OF COMPLIANCE ~ All computer-generated documents filed in this Court must contain a Certificate of Compliance certifying that the document complies with the applicable font and word count limit requirements. See Fla. R. App. P. 9.045(e). Respondent's Brief on Jurisdiction will not be submitted to the Court until you have filed with this Court a proper Certificate of Compliance. Failure to provide this Court with a Certificate of Compliance within five days from the date of this order could result in the imposition of sanctions. See Fla. R. App. P. 9.410.
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|
| Docket Date |
2021-06-16
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| Type |
Brief
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| Subtype |
Juris Initial (Amended)
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| Description |
JURIS INITIAL AMD BRIEF ~ Second Amended Jurisdictional Brief
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| On Behalf Of |
Bluewater, Inc.
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| View |
View File
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|
| Docket Date |
2021-06-14
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| Type |
Brief
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| Subtype |
Appendix (Amended)
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| Description |
APPENDIX-AMENDED-JURIS BRIEF ~ Appendix to Amended Jurisdictional Brief
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| On Behalf Of |
Bluewater, Inc.
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| View |
View File
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| Docket Date |
2021-06-08
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| Type |
Motion
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| Subtype |
Acceptance as Timely Filed
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| Description |
MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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| On Behalf Of |
Bluewater, Inc.
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| View |
View File
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|
| Docket Date |
2021-06-08
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| Type |
Order
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| Subtype |
Brief/Appendix Stricken (Non-Compliance)
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| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's jurisdictional brief with appendix, which was filed with this Court on June 8, 2021, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before June 15, 2021, to file an amended jurisdictional brief with appendix, which is double-spaced and submitted in either Arial 14 point font or Bookman Old Style 14 point font. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed 2,500 words. The table of contents and citations, the statement of the issues, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation. The appendix shall contain only a copy of the opinion or order of the district court of appeal to be reviewed. Petitioner's Motion to Accept Filing of the Jurisdictional Brief as Timely Filed is hereby denied as moot.
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| Docket Date |
2021-06-08
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| Type |
Brief
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| Subtype |
Juris Initial
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| Description |
JURIS INITIAL BRIEF ~ Jurisdictional Brief with Appendix. Stricken June 8, 2021, for non-compliance. Brief does not contain proper sections.
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| On Behalf Of |
Bluewater, Inc.
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| View |
View File
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|
| Docket Date |
2021-06-01
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| Type |
Event
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| Subtype |
Fee Paid in Full - $300
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| Description |
Fee Paid In Full - $300
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|
| Docket Date |
2021-05-28
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| Type |
Letter-Case
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| Subtype |
Acknowledgment Letter-New Case-Pay Fee
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| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
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| Docket Date |
2021-05-27
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| Type |
Notice
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| Subtype |
Invoke Discretionary Jurisdiction
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| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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| On Behalf Of |
Bluewater, Inc.
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| View |
View File
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|
| Docket Date |
2021-05-27
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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|
| Docket Date |
2021-07-16
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| Type |
Brief
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| Subtype |
Juris Answer
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| Description |
JURIS ANSWER BRIEF ~ Respondent's Brief on Jurisdiction -- Does not certify compliance with Fla. R. /App. P. 9.045(e). Stricken 7/19/21 in light of filing of copy with proper certificate of compliance.
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| On Behalf Of |
Center Street Lending Fund IV SPE, LLC,
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| View |
View File
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| Docket Date |
2021-06-16
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| Type |
Order
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| Subtype |
Brief/Appendix Stricken (Non-Compliance)
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| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's amended jurisdictional brief, which was filed with this Court on June 14, 2021, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before June 23, 2021, to file a second amended jurisdictional brief, which is double-spaced and submitted in either Arial 14 point font or Bookman Old Style 14 point font. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed 2,500 words. The table of contents and citations, the statement of the issues, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation.Failure to file a compliant brief with this Court within the allotted time could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it may not be subject to reinstatement.
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BLUEWATER, INC. and ANTHONY SCOTT WALKER VS CENTER STREET LENDING FUND IV SPE, LLC
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4D2021-0876
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2021-02-22
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-005839
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Parties
| Name |
Anthony Scott Walker
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BLUEWATER, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Gary Allyn Barcus
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|
| Name |
CENTER STREET LENDING FUND IV SPE, LLC
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| Role |
Appellee
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| Status |
Active
|
| Representations |
David B. Levin, Spencer Devin Leach
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|
| Name |
Hon. Keathan B. Frink
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2021-08-27
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| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
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| Description |
Supreme Court Disposition ~ SC21-802
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|
| Docket Date |
2021-05-28
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| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC21-802
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|
| Docket Date |
2021-05-27
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice sent to the Supreme Court
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|
| Docket Date |
2021-05-26
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| Type |
Supreme Court
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| Subtype |
Notice to Invok. Disc. Jur. FSC
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| Description |
Notice of Discretionary Jurisdiction to Supreme Court
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| On Behalf Of |
Bluewater, Inc.
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|
| Docket Date |
2021-05-19
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2021-05-19
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| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellants’ May 4, 2021 response, it is ORDERED that appellee’s April 28, 2021 motion to dismiss is granted, and the above-styled appeal is dismissed. See Azalea Trace, Inc. v. Matos, 249 So. 3d 699, 701-02 (Fla. 1st DCA 2018); Mitzenmacher v. Mitzenmacher, 656 So. 2d 178, 179 (Fla. 3d DCA 1995) (“Under the doctrine of law of the case, questions of law that were previously decided on appeal must thereafter govern the case in subsequent stages of the proceeding, so long as the facts the decision was based upon remain unchanged. A per curiam decision of the appellate court is the law of the case between the same parties on the same issues and facts, and determines all issues necessarily involved in the appeal, whether mentioned in the court’s opinion or not.”). Further,ORDERED that appellants' May 6, 2021 "motion for order to show cause" is denied as moot.DAMOORGIAN, CIKLIN and GERBER, JJ., concur.
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| Docket Date |
2021-05-12
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
Bluewater, Inc.
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|
| Docket Date |
2021-05-06
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion ~ FOR AN ORDER TO SHOW CAUSE
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| On Behalf Of |
Bluewater, Inc.
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|
| Docket Date |
2021-05-04
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Bluewater, Inc.
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|
| Docket Date |
2021-04-28
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss
|
| On Behalf Of |
Center Street Lending Fund IV SPE, LLC
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| Docket Date |
2021-04-19
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Bluewater, Inc.
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|
| Docket Date |
2021-03-31
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 194 PAGES
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2021-03-01
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
|
| On Behalf Of |
Center Street Lending Fund IV SPE, LLC
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|
| Docket Date |
2021-02-23
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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|
| Docket Date |
2021-02-23
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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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| Docket Date |
2021-02-22
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
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|
| Docket Date |
2021-02-22
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Bluewater, Inc.
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CENTER STREET LENDING FUND IV SPE, LLC VS BLUEWATER, INC., et al.
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4D2017-3642
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2017-11-27
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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
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15-016505
|
Parties
| Name |
CENTER STREET LENDING FUND IV SPE, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Joshua R. Levine, David B. Levin
|
|
| Name |
ARCON ROOFING
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE POOL PEOPLE WEST, INC.
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| Role |
Respondent
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANT #1
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| Role |
Respondent
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANT #2
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ARCON INDUSTRIES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BLUEWATER, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Henny L. Shomar, Gary Allyn Barcus, Steven Graham, Michael C. Foster, ANGELO CASTALDI, Melva D. Harris-Rozier
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|
| Name |
Anthony Scott Walker
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| Role |
Respondent
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| Status |
Active
|
|
| Name |
C. CRAIG EDEWAARD, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2018-01-17
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2018-01-17
|
| Type |
Disposition by Order
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| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the November 27, 2017 petition for writ of certiorari is denied. Further,ORDERED that the respondent’s December 29, 2017 motion for briefing order is denied as moot.TAYLOR, LEVINE and KLINGENSMITH, JJ., concur.
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| Docket Date |
2017-12-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ "MOTION FOR BRIEFING ORDER"
|
| On Behalf Of |
Center Street Lending Fund IV SPE, LLC
|
|
| Docket Date |
2017-12-22
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO 12/13/17 ORDER
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| On Behalf Of |
Center Street Lending Fund IV SPE, LLC
|
|
| Docket Date |
2017-12-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Bluewater, Inc.
|
|
| Docket Date |
2017-12-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Bluewater, Inc.
|
|
| Docket Date |
2017-12-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, having considered the notice of related cases filed by petitioner on December 1, 2017, case numbers 4D17-3642 and 4D17-3643 are consolidated for all purposes and shall proceed in 4D17-3642; further, ORDERED that within ten (10) days petitioner shall file a supplemental appendix containing a transcript of the October 16, 2017 hearing held on the motion to dismiss at issue.
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|
| Docket Date |
2017-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Center Street Lending Fund IV SPE, LLC
|
|
| Docket Date |
2017-11-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2017-11-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2017-11-27
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Center Street Lending Fund IV SPE, LLC
|
|
| Docket Date |
2017-11-27
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
Center Street Lending Fund IV SPE, LLC
|
|
| Docket Date |
2017-11-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
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