| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CC003420
|
Parties
| Name |
Peter Torocsik
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ULTIMATE BAKERY & PASTRY INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nejla Calvo Proenza, Shannon Beth Fox
|
|
| Name |
Hon. Stephanie Farris Tew
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Email Correspondence
|
| On Behalf Of |
Peter Torocsik
|
|
| Docket Date |
2024-10-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Peter Torocsik
|
|
| Docket Date |
2024-10-11
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
Appendix to Motion
|
|
| Docket Date |
2024-10-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Peter Torocsik's Motion in Opposition to Palm Beach County's Motion for Reconsideration and to Motion to Dismiss the Appeal as to Peter Torocsik
|
|
| Docket Date |
2024-10-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Palm Beach County's, Motion for Reconsideration and Motion to Dismiss the Appeal as to Peter Torocsik
|
|
| Docket Date |
2024-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORDERED that, upon consideration of appellant Peter Torocsik's September 10, 2024 response, appellee's August 26, 2024 motion to strike is denied. The initial brief filed August 16, 2024, is deemed to have been filed on behalf of appellant Peter Torocsik only. Further,
ORDERED that appellant Ultimate Bakery & Pastry, Inc. 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 as to Ultimately Bakery and Pastry, Inc. or other sanctions imposed for failure to comply with this court's September 10, 2024 order. Failure to comply with this order will result in dismissal of this appeal as to Ultimate bakery & Pastry, Inc. only without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-09-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellant Ultimate Bakery & Pastry, Inc. is directed to respond, within ten (10) days from the date of this order, to Appellee's August 26, 2024 motion to strike initial brief.
|
| View |
View File
|
|
| Docket Date |
2024-09-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss Appellee's Motion to Strike
|
|
| Docket Date |
2024-08-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike Initial Brief
|
|
| Docket Date |
2024-08-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Peter Torocsik
|
| View |
View File
|
|
| Docket Date |
2024-08-08
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-06-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 648 pages
|
| On Behalf Of |
Palm Beach Clerk
|
| View |
View File
|
|
| Docket Date |
2024-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach County
|
|
| Docket Date |
2024-06-03
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court's October 23, 2024 order.
|
| View |
View File
|
|
| Docket Date |
2024-10-23
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDERED that, upon consideration of appellant's October 11, 2024 response, appellee's October 7, 2024 motion for rehearing is granted. This court's October 4, 2024 order is vacated. Further,
ORDERED that, upon consideration of appellant Peter Torocsik's September 10, 2024 response, appellee's August 26, 2024 motion to strike and September 10, 2024 motion to dismiss the appeal as to Peter Torocsik are granted. This appeal is dismissed in part as to Peter Torocsik, individually, who was not a party to the original proceedings. See Edwards v. CIT Bank, N.A., 306 So. 3d 217 (Fla. 3d DCA 2020) ("a non-party in the lower tribunal is a 'stranger to the record' and, therefore, lacks standing to appeal an order entered by the lower tribunal."). Further,
It appears that the August 16, 2024 initial brief filed on behalf of appellant, Ultimate Bakery & Pastry Inc., a corporation, was not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Commc'ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant Ultimate Bakery & Pastry Inc. unless, within twenty (20) days from the date of this order, the corporation files an amended initial brief signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel. Further,
ORDERED that this appeal is stayed pending compliance with this order. Further,
ORDERED that appellant's October 21, 2024 response is stricken as unauthorized.
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2023-1993;
|
Parties
| Name |
Peter Torocsik
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ULTIMATE BAKERY & PASTRY INC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
PALM BEACH COUNTY INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Nejla Calvo Proenza
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-06
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Peter Torocsik
|
| View |
View File
|
|
| Docket Date |
2023-11-06
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required
|
|
| Docket Date |
2023-11-07
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
Petitioner's Notice to Invoke Discretionary Jurisdiction,
seeking review of the order or opinion issued by the Fourth District
Court of Appeal on September 20, 2023, is hereby dismissed. This
Court lacks jurisdiction to review an unelaborated decision from a
district court of appeal that is issued without opinion or
explanation or that merely cites to an authority that is not a case
pending review in, or reversed or quashed by, this Court. See
Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So.
3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006);
Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore,
827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279
(Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369
(Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).
No motion for rehearing or reinstatement will be entertained
by the Court.
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| View |
View File
|
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