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LAD COMMERCIAL, LLC, Appellant(s) v. EAGLE TRACE AT VERO BEACH HOMEOWNERS' ASSOCIATION, INC., Appellee(s).
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4D2023-1100
|
2023-05-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-023362
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Parties
| Name |
LAD COMMERCIAL LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel Bushell
|
|
| Name |
KATZMAN GARFINKEL, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Michele Towbin-Singer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Eagle Trace at Vero Beach Homeowners' Association, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicholas Bastidas, Therese Ann Savona, Craig Christopher Minko, Michael A. Rosenberg, W. Taylor Loe
|
|
Docket Entries
| Docket Date |
2024-10-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-10-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2024-06-14
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Order Dispensing with Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Appellate Attorney's Fees
|
| On Behalf Of |
Eagle Trace at Vero Beach Homeowners' Association, Inc.
|
|
| Docket Date |
2024-05-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-04-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
LAD Commercial, LLC
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellant's April 17, 2024 motion for extension of time is granted in part, and Appellant shall serve the reply brief within ten (10) days from the date of this order. 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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| View |
View File
|
|
| Docket Date |
2024-04-18
|
| 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 |
2024-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellant's March 28, 2024 motion for extension of time is granted, and Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| View |
View File
|
|
| Docket Date |
2024-04-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Supplement to Motion for Extension of Time
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2024-03-29
|
| 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 |
2024-02-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Eagle Trace at Vero Beach Homeowners' Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-02-22
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| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
ORDERED that Appellee's February 20, 2024 motion for clarification of briefing schedule is granted, and Appellee shall serve the answer brief within five (5) 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.
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| View |
View File
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| Docket Date |
2024-02-20
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| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion for Clarification of Briefing Schedule
|
|
| Docket Date |
2024-01-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2023-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
ORDERED that the November 28, 2023 motion of Agnant & Lambdin, LLC and Sarah E. Lam for leave to withdraw as counsel for Appellant is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc'ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Accordingly, it is ORDERED that the appeal on behalf of Appellant shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf; further, ORDERED that this case is stayed pending the above.
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| View |
View File
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|
| Docket Date |
2023-12-13
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2023-11-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2023-11-13
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
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| Description |
30 Days to 12/13/2023
|
|
| Docket Date |
2023-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Eagle Trace at Vero Beach Homeowners' Association, Inc.
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| Docket Date |
2023-10-13
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
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| Description |
30 Days to 11/13/2023
|
|
| Docket Date |
2023-10-13
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Eagle Trace at Vero Beach Homeowners' Association, Inc.
|
|
| Docket Date |
2023-09-12
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 DAYS TO 10/13/2023
|
|
| Docket Date |
2023-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Eagle Trace at Vero Beach Homeowners' Association, Inc.
|
|
| Docket Date |
2023-09-06
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Eagle Trace at Vero Beach Homeowners' Association, Inc.
|
|
| Docket Date |
2023-08-14
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
LAD Commercial, LLC
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|
| Docket Date |
2023-08-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2023-08-07
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2023-08-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 5 DAYS TO 8/12/23
|
|
| Docket Date |
2023-07-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 08/07/2023
|
|
| Docket Date |
2023-07-28
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2023-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2023-07-13
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 07/28/2023
|
|
| Docket Date |
2023-07-06
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Eagle Trace at Vero Beach Homeowners' Association, Inc.
|
|
| Docket Date |
2023-07-06
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Eagle Trace at Vero Beach Homeowners' Association, Inc.
|
|
| Docket Date |
2023-06-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1292 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-05-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-05-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
LAD Commercial, LLC
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|
| Docket Date |
2023-05-05
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LAD Commercial, LLC
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|
| Docket Date |
2023-05-05
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2024-10-24
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| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-10-02
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| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellant's April 29, 2024 motion for attorney's fees is granted conditioned on the trial court determining that Appellant 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. Further,
ORDERED that Appellee's July 6, 2023 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.
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| View |
View File
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| Docket Date |
2023-12-15
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's December 13, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, Appellee is notified that the failure to serve the brief within the time provided herein will foreclose Appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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| View |
View File
|
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| Docket Date |
2023-05-08
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee 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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LAD COMMERCIAL, LLC, as assignee of KATZMAN GARFINKEL, P.A. VS COBBLESTONE AT PEMBROKE HOMEOWNERS ASSOCIATION, INC.
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4D2022-1454
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2022-05-27
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Closed
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| Classification |
NOA Final - County Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO19-009548
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Parties
| Name |
KATZMAN GARFINKEL, P.A.
|
| Role |
Appellant
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| Status |
Active
|
|
| Name |
LAD COMMERCIAL LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erik Joseph Willman, Keith J. Lambdin, Sarah E. Lam
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|
| Name |
Cobblestone at Pembroke Homeowners Association, Inc.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Carlos A. Triay
|
|
| Name |
Hon. John Hurley
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-31
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-03-15
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| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's February 1, 2023 motion for rehearing en banc or written opinion is denied.
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|
| Docket Date |
2023-02-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ MOTION FOR ISSUANCE OF WRITTEN OPINION
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2023-01-19
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2022-09-13
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| Type |
Brief
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| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ LAD COMMERCIAL
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| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2022-08-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Cobblestone at Pembroke Homeowners Association, Inc.
|
|
| Docket Date |
2022-08-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's amended 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.
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|
| Docket Date |
2022-08-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2022-08-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED. **STRICKEN**
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2022-08-05
|
| 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 fully text searchable, and 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 |
2022-08-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2022-08-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2022-06-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (427 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-05-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
LAD Commercial, LLC
|
|
| Docket Date |
2022-05-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-05-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ Civil Cover Sheet
|
|
| Docket Date |
2022-05-27
|
| 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 (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 |
2022-05-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LAD Commercial, LLC
|
|
|
|
BALL JANIK, LLP VS ALAN B. GARFINKEL, P.A., et al.
|
4D2021-2741
|
2021-09-23
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-006065
|
Parties
| Name |
Ball Janik, LLP
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Corey Dorne, Stacy Delayne Blank, Jason Baruch, Bradford Kimbro
|
|
| Name |
Katzman Garfinkel Rosenbaum
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KATZMAN GARFINKEL, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ALAN B. GARFINKEL, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason R. Katzman, Charles J. Bennardini, I I I, Steven M. Katzman
|
|
Docket Entries
| Docket Date |
2021-10-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 22, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-10-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-10-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Ball Janik, LLP
|
|
| Docket Date |
2021-10-01
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Ball Janik, LLP
|
|
| Docket Date |
2021-10-01
|
| 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 October 1, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 6, 2021. 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 |
2021-10-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Ball Janik, LLP
|
|
| Docket Date |
2021-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ball Janik, LLP
|
|
| Docket Date |
2021-10-01
|
| 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 |
Ball Janik, LLP
|
|
| Docket Date |
2021-09-24
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ 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 August 25, 2021 order is a non-final appealable order under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii), as it appears the order does not actually require a party to deposit funds with the court. See Truist Bank v. De Posada, 307 So. 3d 824 (Fla. 3d DCA 2020) (holding that orders appealed under Florida Rule of Appellate Procedure 9.130(a)(3) must actually make a determination in order to trigger the rule’s applicability). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ball Janik, LLP
|
|
| Docket Date |
2021-09-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-09-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-09-23
|
| 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.
|
|
|
|
LEIGH C. KATZMAN, individually and as a shareholder of KATZMAN GARFINKEL, P.A., et al. VS ALAN B. GARFINKEL, individually and as a shareholder in KATZMAN GARFINKEL, P.A.
|
4D2020-2570
|
2020-11-25
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-016921
|
Parties
| Name |
KATZMAN CHANDLER, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Leigh C. Katzman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Daniel A. Bushell, Joshua Rasco
|
|
| Name |
ALAN B. GARFINKEL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Glenn Jerrold Waldman, Eric C. Edison
|
|
| Name |
KATZMAN GARFINKEL, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-12-30
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 8, 2021 order is amended as follows: ORDERED that appellants’ July 26, 2021 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. Further,ORDERED that appellees’ December 23, 2020 motion for appellate attorneys’ fees andcosts is denied as moot.
|
|
| Docket Date |
2021-12-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that appellants’ August 9, 2021 request for oral argument is denied.
|
|
| Docket Date |
2021-08-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF NON-OPPOSITION TO APPELLEE'SVERIFIED MOTION FOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-08-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-07-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **NOTICE OF NON-OPPOSITION TO APPELLEE'SVERIFIED MOTION FOR ATTORNEY'S FEES AND COSTS FILED 8/31/21**
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-07-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-07-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-07-12
|
| 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 appellants’ July 9, 2021 motion for extension of time is granted, and appellants shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-07-09
|
| 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 |
Leigh C. Katzman
|
|
| Docket Date |
2021-06-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's amended 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 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 |
2021-06-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ 2ND AMENDED.
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-06-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's June 8, 2021 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-06-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-06-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN** AMENDED
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-06-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-06-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2021-06-02
|
| 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 June 1, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 8, 2021. 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 |
2021-06-01
|
| 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 |
Alan B. Garfinkel
|
|
| Docket Date |
2021-05-19
|
| 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 18, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 1, 2021. 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 |
2021-05-18
|
| 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 |
Alan B. Garfinkel
|
|
| Docket Date |
2021-05-07
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ **CONFIDENTIAL**
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-05-04
|
| 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 3, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 18, 2021. 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 |
2021-05-03
|
| 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 |
Alan B. Garfinkel
|
|
| Docket Date |
2021-04-28
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellants' April 21, 2021 "unopposed motion for leave to file amended confidential appendix under seal" is granted. Appellants shall indicate on the first page of the amended filing that the appendix is being filed under seal and is confidential pursuant to this order.
|
|
| Docket Date |
2021-04-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE AMENDEDCONFIDENTIAL APPENDIX UNDER SEAL
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-04-14
|
| 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 April 13, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 4, 202. 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 |
2021-04-13
|
| 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 |
Alan B. Garfinkel
|
|
| Docket Date |
2021-04-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **CONFIDENTIAL**
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-04-09
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's March 16, 2021 "motion for leave to file under seal" is granted. Appellant shall indicate on the first page of the filing that the appendix is being filed under seal and is confidential pursuant to this order.
|
|
| Docket Date |
2021-03-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE UNDER SEAL
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-03-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-03-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ March 5, 2021 motion for extension of time is granted, and appellants shall serve the initial brief within seven (7) 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 |
2021-03-05
|
| 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 |
Leigh C. Katzman
|
|
| Docket Date |
2021-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ February 22, 2021 motion for extension of time is granted, and appellants 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 |
2021-02-22
|
| 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 |
Leigh C. Katzman
|
|
| Docket Date |
2021-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that, upon consideration of appellant’s December 11, 2020 jurisdictional brief, appellee’s December 23, 2020 motion to dismiss, and appellant’s January 19, 2021 response, this appeal shall proceed. Hoffman v. Hall, 817 So. 2d 1057, 1058 (Fla. 1st DCA 2002); see also Fla. R. App. P. 9.130(a)(3)(C)(iii). Further, ORDERED that appellee’s December 23, 2020 motion to dismiss is denied. This court finds that appellants have standing to bring this appeal as appellants are not strangers to the record, are directly affected by the order on appeal, and have a sufficient interest at stake in the controversy which will be affected by the outcome of the litigation. See Espaillat v. Security First Ins. Co., 2020 WL 4495311, at *1 (Fla. 3d DCA Aug. 5, 2020); City of Coral Springs v. Knight, 2016 WL 2931093, at *1 (Fla. May 18, 2016); Davis v. M & M Aircraft Acquisitions, Inc., 76 So. 3d 1066, 1067 (Fla. 4th DCA 2011). Further, ORDERED that appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220.
|
|
| Docket Date |
2021-01-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS AND MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2021-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants’ January 7, 2021 motion for extension is granted, and the time for filing a response to the motion to dismiss and the motion for attorney’s fees is extended eight (8) days from the date of this order.
|
|
| Docket Date |
2021-01-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2020-12-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 1/19/21)
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2020-12-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS FOR LACK OFSUBJECT MATTER JURISDICTION AND RESPONSE
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2020-12-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ AND RESPONSE IN OPPOSITION TO APPELLANTS' STATEMENT REGARDING BASIS FOR JURISDICTION
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2020-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellee's December 18, 2020 motion for extension is granted, and the time for filing a response to the jurisdictional brief is extended to and including December 23, 2020.
|
|
| Docket Date |
2020-12-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Alan B. Garfinkel
|
|
| Docket Date |
2020-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2020-12-11
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2020-12-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF.
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2020-12-01
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ 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 April 20, 2020 "order on plaintiff's motion to stay payments to Katzman Chandler P.A. and Leigh Katzman pending completion of evidentiary hearing" is an appealable order pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130; and how the November 3, 2020 "order on July 28, 2020 evidentiary hearing" is a final appealable order as it does not enter judgment for or against a party. Hoffman v. Hall, 817 So. 2d 1057, 1058 (Fla. 1st DCA 2002) (stating that an order must contain unequivocal language of finality to be appealable as a final order); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-11-30
|
| 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 |
2020-11-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Leigh C. Katzman
|
|
| Docket Date |
2020-11-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-11-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Leigh C. Katzman
|
|
|
|
HAWTHORNE VILLAGE CONDO. ASS'N, INC. VS LAD COMMERCIAL, LLC, as assignee of Katzman Garfinkel, P.A., d/b/a Katzman Garfinkel & Berger, etc., et al
|
4D2018-0876
|
2018-03-21
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE-11-022582
|
Parties
| Name |
HAWTHORNE VILLAGE CONDO. ASS'N, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
W. Aaron Daniel, William D. Mueller, Elliot B. Kula
|
|
| Name |
KATZMAN GARFINKEL & BERGER,
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Katzman Garfinkel Rosenbaum
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
KATZMAN & KORR
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
KATZMAN GARFINKEL, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LAD COMMERCIAL LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Steven M. Katzman, Agustin R. Benitez, Charles J. Bennardini, I I I
|
|
| Name |
Hon. Mily Rodriguez Powell
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-21
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
HAWTHORNE VILLAGE CONDO. ASS'N, INC.
|
|
| Docket Date |
2018-04-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).GROSS, DAMOORGIAN and LEVINE, JJ., concur.
|
|
| Docket Date |
2018-04-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-03-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-03-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2018-03-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-03-21
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
HAWTHORNE VILLAGE CONDO. ASS'N, INC.
|
|
|
