|
HARLAN J. BAST and HILDEBRAND AMUSEMENT RIDES, INC. , Appellant(s) v. BROWARD COUNTY YOUTH FAIR, INC., Appellee(s).
|
4D2022-2897
|
2022-10-26
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-005476
|
Parties
| Name |
HILDEBRAND AMUSEMENT RIDES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Harlan J. Bast
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Morgan Lyle Weinstein
|
|
| Name |
BROWARD COUNTY YOUTH FAIR, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James Richard Foster, Alyssa Mara Reiter, Joshua David Rydell, Jordan Scott Cohen
|
|
| Name |
Hon. Michele Towbin-Singer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-01-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2023-01-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2022-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ December 27, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before January 27, 2023. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-12-27
|
| 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 |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2022-12-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellants’ November 28, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-2836, 4D22-2895, and 4D22-2897 should not be consolidated for the purpose of designation to the same appellate panel for review.
|
|
| Docket Date |
2022-11-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-10-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of the parties’ responses to the court’s December 6, 2022 order to show cause, the above-styled case numbers are consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D22-2836. Appellees shall file a consolidated answer brief responding to the issues raised in all three cases.
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before November 28, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-10-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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|
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HARLAN J. BAST and HILDEBRAND AMUSEMENT RIDES, INC., Appellant(s) v. BROWARD COUNTY YOUTH FAIR, INC., Appellee(s).
|
4D2022-2895
|
2022-10-26
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-005476
|
Parties
| Name |
HILDEBRAND AMUSEMENT RIDES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Harlan J. Bast
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Morgan Lyle Weinstein
|
|
| Name |
BROWARD COUNTY YOUTH FAIR, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alyssa Mara Reiter, Jordan Scott Cohen, James Richard Foster, Joshua David Rydell
|
|
| Name |
Hon. Michele Towbin-Singer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-01-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2023-01-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2022-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ December 27, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before January 27, 2023. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-12-27
|
| 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 |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2022-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of the parties’ responses to the court’s December 6, 2022 order to show cause, the above-styled case numbers are consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D22-2836. Appellees shall file a consolidated answer brief responding to the issues raised in all three cases.
|
|
| Docket Date |
2022-12-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellants’ November 28, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-2836, 4D22-2895, and 4D22-2897 should not be consolidated for the purpose of designation to the same appellate panel for review.
|
|
| Docket Date |
2022-11-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before November 28, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants’ initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-11-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-10-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-10-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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HARLAN J. BAST and HILDEBRAND AMUSEMENT RIDES, INC., Appellant(s) v. BROWARD COUNTY YOUTH FAIR, INC., et al., Appellee(s).
|
4D2022-2836
|
2022-10-19
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-005476
|
Parties
| Name |
Harlan J. Bast
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Morgan Lyle Weinstein
|
|
| Name |
HILDEBRAND AMUSEMENT RIDES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BROWARD COUNTY YOUTH FAIR, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joshua David Rydell, James Richard Foster, Jordan Scott Cohen, Alyssa Mara Reiter
|
|
| Name |
Hon. Michele Towbin-Singer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-01-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2023-01-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2022-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ December 27, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before January 27, 2023. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of the parties’ responses to the court’s December 6, 2022 order to show cause, the above-styled case numbers are consolidated for all purposes and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130, and shall proceed under case number 4D22-2836. Appellees shall file a consolidated answer brief responding to the issues raised in all three cases.
|
|
| Docket Date |
2022-12-27
|
| 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 |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2022-12-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Broward County Youth Fair, Inc.
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellants’ November 28, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-2836, 4D22-2895, and 4D22-2897 should not be consolidated for the purpose of designation to the same appellate panel for review.
|
|
| Docket Date |
2022-11-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellants’ November 4, 2022 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2022-11-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-11-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2022-11-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-10-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Harlan J. Bast
|
|
| Docket Date |
2022-10-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
