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HERSH, INC. VS OCEAN CLUB AT DEERFIELD BEACH CONDOMINIUM ASSOCIATION, INC., et al.
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4D2018-0168
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2018-01-16
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Closed
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12-03101(09)
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Parties
| Name |
HERSH, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Michael E. Stearns, Mark H. Shore
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|
| Name |
PATRICIA RUFFINO
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| Role |
Appellee
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| Status |
Active
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|
| Name |
DEBORAH RUFFINO
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| Role |
Appellee
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| Status |
Active
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|
| Name |
GARCIA STROMBERG, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
CON TECH BUILDING CORP.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
WILSON & BUIST, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
GRUMPY'S WELDING AND FABRICATING, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
OCEAN CLUB AT DEERFIELD BEACH CONDOMINIUM ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
JASON KLAUS GUNTHER, EDWINA V. KESSLER, BENJAMIN W DOWERS, KELLEY KRONENBERG, Harry Malka, David Ben Israel, BRIAN K. GOODKIND, Steven H. Osber, ROBERT S. TANNER, MELISSA A. O'CONNOR
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|
| Name |
LOTSPEICH COMPANY OF FLORIDA, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
LAWRENCE RUFFINO
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| Role |
Appellee
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| Status |
Active
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|
| Name |
GATE WORKS, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
PROSPECT DEERFIELD LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
ANNE M. CARDELUS
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2018-02-16
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2018-02-16
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| Type |
Order
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| Subtype |
Order Vacating/Withdrawing Order
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| Description |
ORD-Amended Order ~ ORDERED that appellant's February 14, 2018 motion to discharge filing fee is treated as a motion for reconsideration of this court's February 7, 2018 order and is granted. This court's February 7, 2018 order is amended to state that Case No. 4D18-168 is dismissed as duplicative of Case No. 4D18-96, and no filing fee is due.
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| Docket Date |
2018-02-14
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion ~ (TREATED AS MOTION FOR RECONSIDERATION) TO DISCHARGE FILING FEE W/APPENDIX.
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| On Behalf Of |
HERSH, INC.
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| Docket Date |
2018-02-14
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ TO MOTION TO DISCHARGE FILING FEE.
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| On Behalf Of |
HERSH, INC.
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| Docket Date |
2018-02-07
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **SEE AMENDED ORDER ISSUED 2/16/18**ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
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| Docket Date |
2018-02-07
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2018-01-16
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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, 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.
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| Docket Date |
2018-01-16
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
DM:No Fee - Case Dismissed
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| Docket Date |
2018-01-16
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2018-01-08
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
HERSH, INC.
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HERSH, INC. VS OCEAN CLUB AT DEERFIELD BEACH CONDOMINIUM ASSOCIATION, INC., et al.
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4D2018-0096
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2018-01-08
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 12-03101
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Parties
| Name |
HERSH, INC.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Mark H. Shore, Michael E. Stearns
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|
| Name |
PROSPECT DEERFIELD LLC
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| Role |
Respondent
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| Status |
Active
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| Name |
CON TECH BUILDING CORP.
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| Role |
Respondent
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| Status |
Active
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|
| Name |
JORGE GARCIA CORP
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| Role |
Respondent
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| Status |
Active
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|
| Name |
GARCIA STROMBERG, INC.
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| Role |
Respondent
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| Status |
Active
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|
| Name |
LOTSPEICH COMPANY OF FLORIDA
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| Role |
Respondent
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| Status |
Active
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| Name |
ADVANCED SURFACES, INC.
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| Role |
Respondent
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| Status |
Active
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| Name |
GATE WORKS, INC.
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| Role |
Respondent
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| Status |
Active
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| Name |
GARCIA BRENNER & STROMBERG, INC.
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| Role |
Respondent
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| Status |
Active
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| Name |
OCEAN CLUB AT DEERFIELD BEACH CONDOMINIUM ASSOCIATION, INC.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Steven H. Osber, Harry Malka, BRIAN K. GOODKIND, EDWINA V. KESSLER, David Ben Israel, MELISSA A. O'CONNOR, ROBERT S. TANNER
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|
| Name |
Hon. Jeffrey R. Levenson
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2018-01-24
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that 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.
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| Docket Date |
2018-01-23
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ OF NO TRANSCRIPT
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| On Behalf Of |
HERSH, INC.
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| Docket Date |
2018-01-19
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ ORDERED that within ten (10) days of this order petitioner shall file a supplemental appendix containing a transcript of the December 7, 2017 hearing that resulted in the order at issue.
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| Docket Date |
2018-01-17
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing ~ CONFORMED COPY OF ORDER.
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| On Behalf Of |
HERSH, INC.
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| Docket Date |
2018-01-11
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
HERSH, INC.
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| Docket Date |
2018-05-09
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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| Docket Date |
2018-05-09
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the January 8, 2018 petition for writ of certiorari is denied.GROSS, TAYLOR and CIKLIN, JJ., concur.
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| Docket Date |
2018-03-23
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
Reply to Response
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| On Behalf Of |
HERSH, INC.
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| Docket Date |
2018-03-23
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix
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| On Behalf Of |
HERSH, INC.
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| Docket Date |
2018-03-13
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Reply to Response
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| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's March 8, 2018 motion for extension of time is granted and the time for filing a reply to the response is extended ten (10) days from the date of this order.
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| Docket Date |
2018-03-08
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| Type |
Motions Extensions
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| Subtype |
Motion Extension of Time To Reply To Response
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| Description |
Motion Extension of TimeTo Reply To Response
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| On Behalf Of |
HERSH, INC.
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| Docket Date |
2018-03-01
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| Type |
Notice
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| Subtype |
Notice of Joinder in Filing
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| Description |
Notice of Joinder
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| On Behalf Of |
OCEAN CLUB AT DEERFIELD BEACH CONDOMINIUM ASSOCIATION, INC.
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| Docket Date |
2018-02-26
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
OCEAN CLUB AT DEERFIELD BEACH CONDOMINIUM ASSOCIATION, INC.
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| Docket Date |
2018-02-19
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response
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| On Behalf Of |
OCEAN CLUB AT DEERFIELD BEACH CONDOMINIUM ASSOCIATION, INC.
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| Docket Date |
2018-02-19
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to File Response
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| Description |
Grant EOT to file Response ~ ORDERED that respondent's February 16, 2018 motion for extension of time is granted, and the time for filing a response is extended to and including February 26, 2018; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
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| Docket Date |
2018-02-16
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response
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| On Behalf Of |
OCEAN CLUB AT DEERFIELD BEACH CONDOMINIUM ASSOCIATION, INC.
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| Docket Date |
2018-01-10
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgment letter
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| Docket Date |
2018-01-08
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ ***STRICKEN***
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| On Behalf Of |
HERSH, INC.
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| Docket Date |
2018-01-08
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2018-01-08
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed
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| On Behalf Of |
HERSH, INC.
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| Docket Date |
2018-01-10
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the Petition for 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 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.
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