|
Palm Beach Polo, Inc., Petitioner(s) v. Village of Wellington, Florida, Respondent(s)
|
SC2024-0855
|
2024-06-10
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2023-1066;
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Alexander L Domb
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Village of Wellington, Florida
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jonathan Chane, Laurie Stilwell Cohen, Rachel R. Bausch, Elliot Burt Kula, William Derek Mueller
|
|
Docket Entries
| Docket Date |
2024-06-10
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-11-14
|
| Type |
Miscellaneous Document
|
| Subtype |
USSC Certiorari
|
| Description |
The petition for a writ of certiorari in the above entitled case was filed on September 9, 2024 and placed on the docket November 14, 2024 as No. 24-541. (Filed with FSC 11/18/24)
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| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Event
|
| Subtype |
No Fee Required
|
| Description |
No Fee Required
|
|
| Docket Date |
2024-12-17
|
| Type |
Miscellaneous Document
|
| Subtype |
USSC Disp-Certiorari Denied
|
| Description |
USSC letter dated 12/9/2024:
The Court today entered the following order in the above-entitled case:
The petition for a writ of certiorari is denied.
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| View |
View File
|
|
| Docket Date |
2024-06-11
|
| 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 April 18, 2024, 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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PALM BEACH POLO, INC., Appellant(s) v. VILLAGE OF WELLINGTON, Appellee(s).
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4D2024-1420
|
2024-06-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CA012158
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander L Domb
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Village of Wellington
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Charles Chane, Elliot Burt Kula, William Derek Mueller
|
|
Docket Entries
| Docket Date |
2024-06-17
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid - $300
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss Appeal as Untimely
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2024-06-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-06-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-06-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Jurisdictional Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2024-06-18
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that, upon consideration of appellant's June 17, 2024 jurisdictional brief and appellee's June 18, 2024 response, this appeal is dismissed for lack of jurisdiction. See Gulley v. Reemployment Assistance Appeals Comm'n, 101 So. 3d 949 (Fla. 1st DCA 2012) (dismissing appellate proceeding that was not initiated within the applicable time limit). It is further ORDERED that appellee's June 11, 2024 motion to dismiss is denied as moot. It is further ORDERED that appellee's June 11, 2024 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. See Fla. Stat. § 162.10.
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| View |
View File
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|
| Docket Date |
2024-06-07
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORDERED that, within ten (10) days from the date of this order, Appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the June 3, 2024 notice of appeal was timely filed from the April 18, 2024 final judgment, in that it appears to have been filed more than thirty days after rendition of the order appealed. See Fla R. App. P. 9.110(b); Epicor Software Corp. v. Coopers & Clarke, Inc., 928 So. 2d 1249, 1251 (Fla. 3d DCA 2006) (noting that "jurisdictional time limits such as the time for filing a notice of appeal or a motion for a new trial, may not be extended for any reason") (quoting Bank One, N.A. v. Batronie, 884 So. 2d 346, 349 (Fla. 2d DCA 2004)). Further, Appellee may file a response within ten (10) days of service of that statement.
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| View |
View File
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PALM BEACH POLO, INC., Appellant(s) v. VILLAGE OF WELLINGTON, Appellee(s)
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4D2023-1066
|
2023-05-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA001617
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander L Domb
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Village of Wellington
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William Derek Mueller, Jonathan Charles Chane, Elliot Burt Kula, Laurie Stilwell Cohen, Rachel R. Bausch
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2023-06-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PAGES 1-2164
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-05-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2024-06-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-06-11
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2024-0855 Supreme Court Order Dismissed
|
|
| Docket Date |
2024-06-10
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invoke Discretionary Jurisdiction FSC
|
|
| Docket Date |
2024-05-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2024-05-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
|
|
| Docket Date |
2024-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-12-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-12-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2023-11-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2023-11-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Village of Wellington
|
| View |
View File
|
|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 DAYS TO 11/13/2023.
|
|
| Docket Date |
2023-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2023-08-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 10/12/23.
|
|
| Docket Date |
2023-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2023-08-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED.
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2023-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2023-08-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-08-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2023-07-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's July 13, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-07-13
|
| 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 |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2023-07-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's July 10, 2023 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-05-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-05-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2023-05-02
|
| 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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PALM BEACH POLO, INC., et al. VS JESSICA SWERDLIN f/k/a/ JESSICA NICODEMO
|
4D2022-2890
|
2022-10-25
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA003219XXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Larry Allen Zink
|
|
| Name |
Glenn F. Straub
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Salvatore V. Spano
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Jessica Swerdlin
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bard D. Rockenbach, Michael E. Stearns, Elizabeth L. Parker, Philip M. Burlington, David George, Adam J. Richardson
|
|
| Name |
Hon. Bradley Harper
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee's June 12, 2023 motion for extension of time is granted, and the time for filing a response to appellants’ motion for rehearing is extended to five (5) days from the date of this order.
|
|
| Docket Date |
2023-06-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
Jessica Swerdlin
|
|
| Docket Date |
2023-06-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND FOR WRITTEN OPINION
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2023-05-18
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ ORDERED that appellee’s March 6, 2023 motion for appellate attorney’s fees pursuant to section 768.79(1) is denied as to appellants Glenn Straub and Salvatore Spano. It is further,ORDERED that appellee's March 6, 2023 motion for appellate attorney's fees pursuant to section 713.31(2)(c) is granted as to Palm Beach Polo, Inc., conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney’s fees to be awarded for this appellate case. See § 59.46, Fla. Stat. (2022) (“In the absence of an expressed contrary intent, any provision of a statute or of a contract entered into after October 1, 1977, providing for the payment of attorney's fees to the prevailing party shall be construed to include the payment of attorney's fees to the prevailing party on appeal.”). If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2023-05-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-03-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2023-03-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2023-03-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Jessica Swerdlin
|
|
| Docket Date |
2023-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2023-02-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 3/11/23
|
|
| Docket Date |
2023-01-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Jessica Swerdlin
|
|
| Docket Date |
2023-01-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Jessica Swerdlin
|
|
| Docket Date |
2023-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Jessica Swerdlin
|
|
| Docket Date |
2023-01-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's January 6, 2023 motion for extension of time is granted, and appellee shall serve the answer brief within fifteen (15) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2023-01-06
|
| 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 |
Jessica Swerdlin
|
|
| Docket Date |
2022-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's December 6, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-12-06
|
| 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 |
Jessica Swerdlin
|
|
| Docket Date |
2022-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Jessica Swerdlin
|
|
| Docket Date |
2022-11-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-11-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-10-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-10-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ **AMENDED
|
|
| Docket Date |
2023-07-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-06-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ June 1, 2023 motion for rehearing and written opinion is denied.
|
|
| Docket Date |
2023-06-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING AND FOR WRITTEN OPINION
|
| On Behalf Of |
Jessica Swerdlin
|
|
| Docket Date |
2022-10-27
|
| 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.
|
|
| Docket Date |
2022-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-10-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
PALM BEACH POLO, INC. VS VILLAGE OF WELLINGTON
|
4D2022-1345
|
2022-05-16
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA002893
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Alexander L. Domb
|
|
| Name |
Village of Wellington
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Laurie Stilwell Cohen, W. Aaron Daniel, William D. Mueller, Elliot B. Kula
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that petitioner's December 20, 2022 motion for rehearing is denied.
|
|
| Docket Date |
2022-12-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PALM BEACH POLO, INC.'S MOTION FOR REHEARING
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-12-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-12-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-12-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
Order Denying Motion for Sanctions ~ ORDERED that the petitioner’s December 5, 2022 motion for sanctions is denied.
|
|
| Docket Date |
2022-12-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PALM BEACH POLO, INC.'S MOTION FOR SANCTIONS
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-12-06
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the petition for writ of certiorari is denied.MAY, DAMOORGIAN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2022-12-06
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-12-05
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ ORDERED that petitioner’s November 7, 2022 motion for extension of time is denied.
|
|
| Docket Date |
2022-11-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO VERY BELATED MOTION FOR EXTENSION OF TIME TO FILE THE REPLY
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-11-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INTENT TO FILE RESPONSE IN OPPOSITION TO PETITIONER'S BELATED MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-10-06
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-10-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent’s September 12, 2022 motion for extension of time is granted, and the time for filing a response is extended to October 13, 2022.
|
|
| Docket Date |
2022-09-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-08-24
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that the respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2022-07-07
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ AMENDED
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that petitioner’s July 5, 2022 amended motion to amend petition for writ of certiorari is granted. Petitioner shall file the amended petition within five (5) days from the date of this order.
|
|
| Docket Date |
2022-07-05
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ AMENDED MOTION TO AMEND PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-06-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ AMENDED
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-06-16
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **Stricken**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-06-13
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that petitioner’s June 2, 2022 motion to consolidate is granted. Case numbers 4D22-1343 and 4D22-1345 are consolidated for all purposes and shall proceed under case number 4D22-1343.
|
|
| Docket Date |
2022-06-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that petitioner’s June 1, 2022 motion to consolidate is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-06-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-06-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ **Stricken**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter ~ AMENDED
|
|
| Docket Date |
2022-05-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2022-05-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2022-05-16
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **Certified Copy**
|
|
| Docket Date |
2022-05-23
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed with the clerk of the lower tribunal is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
|
|
PALM BEACH POLO, INC. VS VILLAGE OF WELLINGTON
|
4D2022-1343
|
2022-05-16
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
14-3630
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA007447
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Larry Allen Zink, Alexander L. Domb
|
|
| Name |
Village of Wellington
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Laurie Stilwell Cohen, W. Aaron Daniel, William D. Mueller, Elliot B. Kula
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-13
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-12-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PALM BEACH POLO, INC.'S MOTION FOR REHEARING
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-12-06
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-12-06
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the petition for writ of certiorari is denied.MAY, DAMOORGIAN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2022-12-05
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ ORDERED that petitioner’s November 7, 2022 motion for extension of time is denied.
|
|
| Docket Date |
2022-11-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO VERY BELATED MOTION FOR EXTENSION OF TIME TO FILE THE REPLY
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-11-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INTENT TO FILE RESPONSE IN OPPOSITION TO PETITIONER'S BELATED MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-10-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-10-06
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent’s September 12, 2022 motion for extension of time is granted, and the time for filing a response is extended to October 13, 2022.
|
|
| Docket Date |
2022-09-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-08-24
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that the respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2022-07-07
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ AMENDED
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that petitioner’s July 5, 2022 amended motion to amend petition for writ of certiorari is granted. Petitioner shall file the amended petition within five (5) days from the date of this order.
|
|
| Docket Date |
2022-07-05
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ AMENDED MOTION TO AMEND PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-06-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ AMENDED
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-06-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-06-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ **Stricken**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-05-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2022-05-23
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed with the clerk of the lower tribunal is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
| Docket Date |
2022-05-16
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Certified Copy
|
|
| Docket Date |
2022-05-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2023-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that petitioner's December 20, 2022 motion for rehearing is denied.
|
|
| Docket Date |
2022-12-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-12-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-12-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
Order Denying Motion for Sanctions ~ ORDERED that the petitioner’s December 5, 2022 motion for sanctions is denied.
|
|
| Docket Date |
2022-12-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PALM BEACH POLO, INC.'S MOTION FOR SANCTIONS
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2022-06-16
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **Stricken**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2022-06-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner’s appendix to the petition for writ of certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that petitioner’s June 2, 2022 motion to consolidate is granted. Case numbers 4D22-1343 and 4D22-1345 are consolidated for all purposes and shall proceed under case number 4D22-1343.
|
|
| Docket Date |
2022-06-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that petitioner’s June 1, 2022 motion to consolidate is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
|
|
PALM BEACH POLO AND COUNTRY CLUB PROPERTY OWNERS ASSOCIATION, INC. VS PALM BEACH POLO HOLDINGS, INC. and PALM BEACH POLO, INC.
|
4D2021-1716
|
2021-05-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA003361XXXMB
|
Parties
| Name |
Palm Beach Polo and Country Club Property Owners Association, Inc.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael Lee Toback, Laura M. Manning-Hudson, Alton C Hale
|
|
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH POLO HOLDINGS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Larry Allen Zink
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-06-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 21, 2021 notice of voluntary dismissal of notice of cross-appeal, the cross-appeal is dismissed.
|
|
| Docket Date |
2021-06-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ OF NOTICE OF CROSS-APPEAL
|
| On Behalf Of |
Palm Beach Polo and Country Club Property Owners Association, Inc.
|
|
| Docket Date |
2021-06-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal; Cross Pending ~ Pursuant to the June 17, 2021 notice of voluntary dismissal, this appeal is dismissed. The cross-appeal remains pending and the cross-appellant is now the appellant. All time frames shall run from the date of this order.
|
|
| Docket Date |
2021-06-17
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Palm Beach Polo Holdings, Inc.
|
|
| Docket Date |
2021-06-10
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Palm Beach Polo and Country Club Property Owners Association, Inc.
|
|
| Docket Date |
2021-06-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on June 7, 2021. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2021-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-05-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Palm Beach Polo Holdings, Inc.
|
|
| Docket Date |
2021-05-27
|
| 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, 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.
|
|
| Docket Date |
2021-05-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach Polo Holdings, Inc.
|
|
| Docket Date |
2021-05-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
PALM BEACH POLO, INC. VS VILLAGE OF WELLINGTON
|
4D2020-1562
|
2020-07-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA013530XXXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander L. Domb
|
|
| Name |
Village of Wellington
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Laurie Stilwell Cohen, Claudio Riedi, RACHEL R. BAUSCH
|
|
| Name |
Hon. James Nutt
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-01-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-01-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-11-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2020-11-25
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2020-11-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2020-11-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not fully text searchable, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-11-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2020-11-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 11/23/20.
|
|
| Docket Date |
2020-11-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2020-10-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-10-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-09-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2020-09-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-09-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2020-09-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2020-09-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 5 DAYS TO 9/22/20.
|
|
| Docket Date |
2020-09-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2020-09-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1722 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ *Certified Copy*
|
|
| Docket Date |
2020-07-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-07-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
|
|
PALM BEACH POLO, INC., VS VILLAGE OF WELLINGTON, et al.
|
4D2020-0284
|
2020-01-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA000836XXXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander L. Domb, RACHEL R. BAUSCH, Laurie Stilwell Cohen
|
|
| Name |
PALM BEACH POLO HOLDINGS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
POLO WEST GOLF CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Village of Wellington
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Claudio Riedi
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 5/23/20
|
|
| Docket Date |
2020-04-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 5/8/2020
|
|
| Docket Date |
2020-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-03-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D20-0284 and 4D20-0285 are now consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D20-0284.
|
|
| Docket Date |
2020-02-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED, sua sponte, that the parties in case numbers 4D20-0284 and 4D20-0285 shall show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case numbers should not be consolidated for all purposes.
|
|
| Docket Date |
2020-01-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2222-03-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***4D20-284 AND 4D20-285 ARE CONSOLIDATED FOR ALL PURPOSES*** ***SEE 4D20-284 FOR ALL FUTURE DOCKET ENTRIES.***
|
|
| Docket Date |
2021-04-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-04-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-04-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
Order Denying Motion for Sanctions ~ ORDERED that appellee Village of Wellington’s August 27, 2020 motion for sanctions is denied.
|
|
| Docket Date |
2021-04-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-01-26
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-12-01
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-09-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-09-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-09-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 2 DAYS TO 9/30/20
|
|
| Docket Date |
2020-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 9/26/20
|
|
| Docket Date |
2020-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-08-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-08-27
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's June 18, 2020 motion to serve an amended initial brief is granted. Said amended initial brief is deemed filed as of June 18, 2020. The answer brief remains due on August 27, 2020 pursuant to the July 29, 2020 notice of agreed extension.
|
|
| Docket Date |
2020-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-07-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 21 DAYS TO 8/27/20
|
|
| Docket Date |
2020-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that appellee’s May 28, 2020 motion to strike is denied.
|
|
| Docket Date |
2020-07-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-06-29
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within fifteen (15) days from the date of this order, to appellee Village of Wellington’s May 28, 2020 motion to strike.
|
|
| Docket Date |
2020-06-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-06-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/27/20
|
|
| Docket Date |
2020-06-18
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ **SEE AMENDED MOTION
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-06-18
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ ***MOTION GRANTED 8/11/20***
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-05-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-05-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant’s appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-05-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-05-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-05-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 500 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-01-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-01-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
PALM BEACH POLO, INC., VS VILLAGE OF WELLINGTON
|
4D2020-0285
|
2020-01-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
502019CA000775XXXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander L. Domb
|
|
| Name |
Village of Wellington
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Claudio Riedi
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-09-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2021-01-26
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-12-01
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-09-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2222-03-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***4D20-284 AND 4D20-285 ARE CONSOLIDATED FOR ALL PURPOSES*** ***SEE 4D20-284 FOR ALL FUTURE DOCKET ENTRIES.***
|
|
| Docket Date |
2021-04-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-04-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-04-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
Order Denying Motion for Sanctions ~ ORDERED that appellee Village of Wellington’s August 27, 2020 motion for sanctions is denied.
|
|
| Docket Date |
2021-04-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-08-27
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-08-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's June 18, 2020 motion to serve an amended initial brief is granted. Said amended initial brief is deemed filed as of June 18, 2020. The answer brief remains due on August 27, 2020 pursuant to the July 29, 2020 notice of agreed extension.
|
|
| Docket Date |
2020-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that appellee’s May 28, 2020 motion to strike is denied.
|
|
| Docket Date |
2020-07-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-06-29
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within fifteen (15) days from the date of this order, to appellee Village of Wellington’s May 28, 2020 motion to strike.
|
|
| Docket Date |
2020-06-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-06-18
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ **SEE AMENDED MOTION
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-06-18
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ ***MOTION GRANTED 8/11/20***
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-05-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2020-05-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant’s appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-05-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-05-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-05-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 500 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2020-03-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D20-0284 and 4D20-0285 are now consolidated for all purposes and are to proceed under the time schedule for a direct appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D20-0284.
|
|
| Docket Date |
2020-02-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED, sua sponte, that the parties in case numbers 4D20-0284 and 4D20-0285 shall show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case numbers should not be consolidated for all purposes.
|
|
| Docket Date |
2020-01-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-01-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-01-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
|
|
PALM BEACH POLO, INC., VS VILLAGE OF WELLINGTON
|
4D2018-2739
|
2018-09-14
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA001135XXXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Alexander L. Domb
|
|
| Name |
Village of Wellington
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Laurie Stilwell Cohen, Claudio Riedi, RACHEL R. BAUSCH
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-24
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2019-01-24
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the petition for writ of certiorari is denied.GERBER, C.J., MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-12-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PETITION FOR CERTIORARI
|
| On Behalf Of |
Village of Wellington
|
|
| Docket Date |
2018-11-19
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2018-10-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-10-15
|
| Type |
Order
|
| Subtype |
Order to File (Supplemental) Appendix
|
| Description |
Order Requiring Supplemental Appendix ~ ORDERED that within ten (10) days petitioner shall file a supplemental appendix containing a copy of all briefs and appendices filed in the appellate proceedings before the circuit court.
|
|
| Docket Date |
2018-10-09
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-10-09
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioner's October 4, 2018 motion for extension of time is granted. The time for filing a petition and appendix is extended five (5) days from the date of this order.
|
|
| Docket Date |
2018-10-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-09-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2018-09-14
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-09-14
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed in the Circuit Court is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
| Docket Date |
2018-09-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
CHARLES JACOBS, KIMBERLY JACOBS and SOLAR SPORTSYSTEMS, INC. VS PALM BEACH POLO AND COUNTRY CLUB PROPERTY OWNERS' ASSOC., INC., et al.
|
4D2018-2492
|
2018-08-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA002417XXXXMB
|
Parties
| Name |
KIMBERLY JACOBS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CHARLES JACOBS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James M. McCann, John K. Shubin, Tracy Tatnall Segal, Jeffrey S. Bass, KATHERINE R. MAXWELL
|
|
| Name |
SOLAR SPORTSYSTEMS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
POLO FIELD ONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STADIUM SOUTH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES, I I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH POLO HOLDINGS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH POLO AND COUNTRY CL
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Misti Barnett, Stephen Hunter Johnson, CRAIG THOMAS GALLE, TATIANA B. YAQUES, Dina L. Rosenbaum, ZACHARY R. KOBRIN, Daniel S. Rosenbaum
|
|
| Name |
Salvatore V. Spano
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STADIUM NORTH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-10-01
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2019-11-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-11-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-10-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
PALM BEACH POLO AND COUNTRY CL
|
|
| Docket Date |
2019-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2019-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PALM BEACH POLO AND COUNTRY CL
|
|
| Docket Date |
2019-07-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2019-07-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2019-07-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 7/24/19.
|
|
| Docket Date |
2019-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2019-06-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
PALM BEACH POLO AND COUNTRY CL
|
|
| Docket Date |
2019-06-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
PALM BEACH POLO AND COUNTRY CL
|
|
| Docket Date |
2019-06-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
PALM BEACH POLO AND COUNTRY CL
|
|
| Docket Date |
2019-03-18
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 6/19/
|
|
| Docket Date |
2019-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
PALM BEACH POLO AND COUNTRY CL
|
|
| Docket Date |
2019-03-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellants’ February 13, 2019 motion to supplement the record is granted, and the record is supplemented to include: (1) the transcript of the November 20, 2017 hearing; (2) the proposed final judgments submitted by the parties in the circuit court; and, (3) the scanned version of Plaintiffs’ Exhibit 212C. Said supplemental record is deemed filed as of the date of this order. This Court may subsequently order the circuit court to transmit the original oversized exhibit if the scanned copy is deemed to be inadequate for purposes of the Court's review.
|
|
| Docket Date |
2019-02-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2019-02-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellants' appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-02-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2019-02-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 2/20/19***
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2019-02-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2019-02-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***PROPOSED***
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2018-11-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 2/19/19
|
|
| Docket Date |
2018-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2018-10-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 12558 PAGES
|
|
| Docket Date |
2018-09-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ ORDERED that appellee's September 11, 2018 motion to supplement the record is denied without prejudice to refiling, if necessary, after the appellants have filed the initial brief.
|
|
| Docket Date |
2018-09-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
PALM BEACH POLO AND COUNTRY CL
|
|
| Docket Date |
2018-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PALM BEACH POLO AND COUNTRY CL
|
|
| Docket Date |
2018-09-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including October 15, 2018. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
|
|
| Docket Date |
2018-09-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion EOT For Court Reporter Transcript
|
|
| Docket Date |
2018-08-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-08-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHARLES JACOBS
|
|
| Docket Date |
2018-08-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
PALM BEACH POLO AND COUNTRY CL
|
|
| Docket Date |
2019-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 1, 2019, at 10:00 A.M. for 15 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
|
|
PALM BEACH POLO, INC. VS THE VILLAGE OF WELLINGTON
|
4D2017-3584
|
2017-11-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA013530CXXXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander L. Domb
|
|
| Name |
The Village of Wellington
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Claudio Riedi, Laurie Stilwell Cohen
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-16
|
| 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 |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2018-11-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-11-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-11-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that appellee's July 3, 2018 motion to strike appendix to reply brief is granted, and appellant's appendix to reply brief is stricken from the docket.
|
|
| Docket Date |
2018-07-13
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2018-07-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
The Village of Wellington
|
|
| Docket Date |
2018-07-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellant's reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds the page limit. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2018-07-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ ***STRICKEN 7/3/18***
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2018-07-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN FROM DOCKET. SEE 7/23/18 ORDER. ***
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2018-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's June 26, 2018 motion for extension of time is granted, and appellant shall serve the reply brief on or before July 2, 2018. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2018-06-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2018-06-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 6/6/18***
|
| On Behalf Of |
The Village of Wellington
|
|
| Docket Date |
2018-06-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
The Village of Wellington
|
|
| Docket Date |
2018-06-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellee's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2018-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ ORDERED that the appellee's May 16, 2018 motion to supplement the record is denied. The proposed supplemental records filed on May 11, 2018 are stricken from the docket.
|
|
| Docket Date |
2018-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 16, 2018 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 6, 2018. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2018-05-16
|
| 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 |
The Village of Wellington
|
|
| Docket Date |
2018-05-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
The Village of Wellington
|
|
| Docket Date |
2018-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellee's May 11, 2018 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
|
|
| Docket Date |
2018-05-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***MOTION DENIED 6/4/18** (PROPOSED) MOTION TO ENFORCE CORRECTED FINAL JUDGMENT
|
| On Behalf Of |
The Village of Wellington
|
|
| Docket Date |
2018-05-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
The Village of Wellington
|
|
| Docket Date |
2018-05-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2018-05-10
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2018-05-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2018-05-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 5/8/18***
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2018-05-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2018-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 13, 2018 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 4, 2018. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2018-04-13
|
| 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 |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2018-03-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's March 16, 2018 motion for extension of time is granted, and appellant shall serve the initial brief on or before April 13, 2018. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2018-02-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4370 PAGES
|
|
| Docket Date |
2018-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CORRECTED FINAL JUDGMENT AND REQUEST TO APPELLATE COURT TO RESUME JURISDICTION
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2017-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant's December 4, 2017 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for sixty (60) days so that the trial court may properly vacate the final judgment entered October 19, 2017, and enter a proper final judgment with the correct signature. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2017-12-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2017-11-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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.
|
|
| Docket Date |
2017-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2017-11-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
PALM BEACH POLO, INC. and PALM BEACH POLO HOLDINGS, INC VS FAR NIENTE STABLES, LLC, et. al.
|
4D2017-2966
|
2017-09-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA000726XXXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Larry Allen Zink
|
|
| Name |
PALM BEACH POLO HOLDINGS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES V, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES I I I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
POLO FIELD ONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WELLINGTON EQUESTRIAN PARTNERS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES I V, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lauren Feffer, Daniel S. Rosenbaum, TATIANA B. YAQUES, Misti Barnett
|
|
| Name |
FAR NIENTE STABLES, I I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALL BEING FLORIDA LIMITED LIABILITY COMPANIES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Joseph George Marx
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-07-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-07-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellees' February 5, 2018 motion for attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2018-06-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-04-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-04-11
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (512 PAGES)
|
|
| Docket Date |
2018-04-10
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before April 25, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record-on-appeal has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record-on-appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2018-03-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ TO 3/12/18
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-02-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2018-02-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2018-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 3/5/18.
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2018-01-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-01-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2018-01-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 1/15/18
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2017-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2017-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 1/0918
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2017-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2017-10-02
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2017-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2017-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-09-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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.
|
|
| Docket Date |
2017-09-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
|
|
PALM BEACH POLO, INC. VS THE VILLAGE OF WELLINGTON and ACME IMPROVEMENT DIST.
|
4D2016-3490
|
2016-10-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2014CA006176XXXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander L. Domb
|
|
| Name |
ACME IMPROVEMENT DISTRICT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Village of Wellington
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Claudio Riedi
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-10-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-10-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-09-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-05-09
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
The Village of Wellington
|
|
| Docket Date |
2017-05-08
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2017-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's April 17, 2017 motion to serve an amended initial brief is granted.
|
|
| Docket Date |
2017-04-17
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2017-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 20 DAYS TO 5/8/17
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2017-03-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
The Village of Wellington
|
|
| Docket Date |
2017-03-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 3/27/17
|
| On Behalf Of |
The Village of Wellington
|
|
| Docket Date |
2017-02-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2017-02-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2017-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 2/19/17
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2017-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 2/9/17
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2017-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 2/2/17
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 1/123/17
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-11-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2069 Pages
|
|
| Docket Date |
2016-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER DENYING REHEARING
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-10-18
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed ~ The notice of appeal in this case indicates that a motion for rehearing is pending in the trial court.ORDERED that the above-styled case is stayed until the trial court disposes of the motion for rehearing and appellant files a copy of the order in this court.
|
|
| Docket Date |
2016-10-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-10-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
|
|
PALM BEACH POLO, INC. VS ACME IMPROVEMENT DISTRICT
|
4D2016-3426
|
2016-10-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA007113XXXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander L. Domb
|
|
| Name |
ACME IMPROVEMENT DISTRICT
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Claudio Riedi
|
|
| Name |
Hon. Jeffrey Dana Gillen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-02-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-02-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the appellant's February 22, 2017 notice of voluntary dismissal with prejudice, this case is dismissed.
|
|
| Docket Date |
2017-02-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2017-02-09
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before February 19, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. 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.
|
|
| Docket Date |
2017-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 01/30/17
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-11-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 632 pages
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2016-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 01/20/17
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-11-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's November 2, 2016 response to this court's October 14, 2016 order, it is ORDERED that this appeal shall proceed as timely pursuant to the supreme court's administrative order AOSC16-90.
|
|
| Docket Date |
2016-11-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO UNTIMELINESS ORDER
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-10-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-10-13
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on October 11, 2016, and the Notice reflects September 6, 2016, as the date of the order being appealed.ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined.ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
|
|
| Docket Date |
2016-10-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
|
|
PALM BEACH POLO, INC. VS THE VILLAGE OF WELLINGTON, THE COVENTRY GREEN, etc., et al.
|
4D2016-2434
|
2016-07-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2013CA017541 MB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Larry Allen Zink
|
|
| Name |
THE COVENTRY GREEN HOMEOWNERS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ACME IMPROVEMENT DISTRICT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Village of Wellington
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Josef M. Fiala, Karen M. Nissen, Claudio Riedi, Laurie Stilwell Cohen
|
|
| Name |
HON. MARTIN H. COLIN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-05-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-04-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-12-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ (PALM BEACH POLO, INC. TO APPELLEE, THE COVENTRY GREEN HOMEOWNERS ASSOCIATION, INC.'S)
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-12-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's December 9, 2016 agreed motion for extension of time is granted, and appellant shall serve the reply brief on or before December 27, 2016. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2016-12-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
|
| Docket Date |
2016-12-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ (THE COVENTRY GREEN HOMEOWNERS ASSOCIATION, INC.)
|
|
| Docket Date |
2016-12-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (THE COVENTRY GREEN HOMEOWNERS ASSOCIATION, INC.)
|
|
| Docket Date |
2016-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 12/16/16
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-11-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ SEE CORRECTED (VILLAGE OF WELLINGTON, ACNE & HOA)
|
| On Behalf Of |
The Village of Wellington
|
|
| Docket Date |
2016-10-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-10-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-09-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1481 PAGES)
|
|
| Docket Date |
2016-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 10/18/16
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-07-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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.
|
|
| Docket Date |
2016-07-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-07-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
PALM BEACH POLO, INC. VS VILLAGE OF WELLINGTON
|
4D2015-4741
|
2015-12-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2014CA011710XXXXMB
|
Parties
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander L. Domb
|
|
| Name |
Village of Wellington
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Laurie Stilwell Cohen, Claudio Riedi
|
|
| Name |
HON. THOMAS H. BARKDULL, I I I
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-03-18
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2016-03-18
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the February 18, 2016 petition for writ of certiorari is denied.TAYLOR, MAY and GERBER, JJ., concur.
|
|
| Docket Date |
2016-02-19
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-02-18
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2016-01-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioner's January 6, 2016 amended unopposed motion for extension of time is granted, and the time to file a Petition for Writ of Certiorari and Appendix is extended thirty (30) days from the date of the entry of this order.
|
|
| Docket Date |
2016-01-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ **SEE AMENDED MOTION**
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2015-12-18
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed in the Circuit Court is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
| Docket Date |
2015-12-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2015-12-17
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ NOTICE OF APPEAL CHANGED TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
PALM BEACH POLO, INC.
|
|
| Docket Date |
2015-12-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CHANGED TO A PETITION FOR WRIT OF CERTIORARI
|
|
|
|
PALM BEACH POLO, INC., ET AL. VS FAR NIENTE STABLES, LLC, ET AL.
|
4D2015-4364
|
2015-11-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2014CA000726XXXXMB
|
Parties
| Name |
PALM BEACH POLO HOLDINGS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Larry Allen Zink
|
|
| Name |
POLO FIELD ONE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WELLINGTON EQUESTRIAN LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES V, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES I I I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES, I I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES I V, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cheryl A. Caracuzzo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FAR NIENTE STABLES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
TATIANA B. YAQUES, Daniel S. Rosenbaum, LAUREL R. WILEY, ELIZABETH L. HERTZ
|
|
Docket Entries
| Docket Date |
2016-07-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ *SEE SEARCHABLE BRIEF FILED 8/11/16*
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 07/18/16
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-12-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-12-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellees' June 6, 2016 motion for attorneys' fees is granted. On remand, the trial court shall set the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2016-12-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-08-19
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2016-08-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF **SEARCHABLE**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-08-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **SEARCHABLE**
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-07-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-06-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2016-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 03/18/16
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-02-23
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 512 PAGES
|
|
| Docket Date |
2016-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 03/14/16
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-02-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (314 PAGES)
|
|
| Docket Date |
2016-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 02/29/16
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-01-08
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgment Letter
|
|
| Docket Date |
2015-11-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2015-11-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-06-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2016-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 06/08/16
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2016-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 05/09/16
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
| Docket Date |
2016-03-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-03-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ *SEE SEARCHABLE APPENDIX FILED 8/11/16*
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2016-03-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ *SEE SEARCHABLE BRIEF FILED 8/11/16*
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2015-11-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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.
|
|
| Docket Date |
2015-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FAR NIENTE STABLES, LLC
|
|
|
|
TOM HILL VS PALM BEACH POLO, INC., etc., et al.
|
4D2011-1361
|
2011-04-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
95-4230
|
Parties
| Name |
THOMAS W. HILL, JR.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TOM HILL, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM BEACH POLO HOLDINGS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM BEACH POLO, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GRAIG GALLE, JOHN G. WHITE, I I I (DNU), RONALD PONZOLI, JR. (DNU)
|
|
| Name |
PALM BEACH POLO AND COUNTRY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
(DO NOT USE) LUCY CHERNOW BROWN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2012-06-11
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2012-05-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2012-05-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2012-04-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2011-11-02
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ PORTIONS OF REPLY BRIEF.
|
|
| Docket Date |
2011-11-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE
|
| On Behalf Of |
TOM HILL
|
|
| Docket Date |
2011-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ PORTIONS OF AA'S REPLY BRIEF
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2011-10-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief w/Appendix ~ (4)
|
| On Behalf Of |
TOM HILL
|
|
| Docket Date |
2011-10-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ TO 10/15/11
|
|
| Docket Date |
2011-09-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
TOM HILL
|
|
| Docket Date |
2011-09-23
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (1) ONE
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2011-09-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record
|
|
| Docket Date |
2011-09-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion Supplement Record w/Attached
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2011-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a)
|
|
| Docket Date |
2011-09-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (4)
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2011-09-12
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion Supplement Record w/Attached
|
| On Behalf Of |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2011-09-09
|
| 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 |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2011-09-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ 9 DAYS TO 9/9/11
|
|
| Docket Date |
2011-08-30
|
| 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 |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2011-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ 20 DAYS TO 8/31/11
|
|
| Docket Date |
2011-08-11
|
| 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 |
Palm Beach Polo, Inc.
|
|
| Docket Date |
2011-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ (2)
|
| On Behalf Of |
TOM HILL
|
|
| Docket Date |
2011-08-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES (CD ROM FILED 8/8/11)
|
|
| Docket Date |
2011-08-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ 7/29/11 NOTICE OF SUPP. AUTHORITY
|
|
| Docket Date |
2011-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ **STRICKEN 8/2/11-- NO CERT. OF SERVICE**
|
| On Behalf Of |
TOM HILL
|
|
| Docket Date |
2011-07-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (1)
|
| On Behalf Of |
TOM HILL
|
|
| Docket Date |
2011-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ 30 DAYS
|
|
| Docket Date |
2011-07-18
|
| 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 |
TOM HILL
|
|
| Docket Date |
2011-07-14
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ by 7/29/11
|
|
| Docket Date |
2011-04-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2011-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TOM HILL
|
|
| Docket Date |
2011-04-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
