|
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.
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|
| 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
|
4D2022-1343
|
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
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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.
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