|
MARTIN KOITZ VS KINGS POINT COMMUNITY ASS'N, INC.
|
4D2021-0922
|
2021-02-25
|
Closed
|
|
| Classification |
Original Proceedings - County Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CC003204
|
Parties
| Name |
Martin Koitz
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Robert Allen Rosenberg, Richard Nelson
|
|
| Name |
Frank Iovine
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Kings Point Recreation Corp., Inc.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
VESTA PROPERTY SERVICES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Kings Point Community Ass'n, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Robert Rivas, Angela Prudenti
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-08-13
|
| 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). Further,ORDERED that petitioner’s June 8, 2021 motion for appellate attorney fees and costs is denied. Further,ORDERED that respondent’s May 24, 2021 motion for attorney’s fees is granted, conditioned on the trial court determining that the moving party is the prevailing party. The portion of the motion seeking costs is stricken. See Fla. R. App. P. 9.400(a); Superior Prot., Inc. v. Martinez, 930 So. 2d 859, 860 (Fla. 2d DCA 2006) (striking motion for costs on appeal without prejudice to file a timely motion in the trial court).CONNER, C.J., WARNER and MAY, JJ., concur.
|
|
| Docket Date |
2021-06-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that petitioner's June 25, 2021 reply to respondent’s response is stricken as unauthorized.
|
|
| Docket Date |
2021-06-25
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN** TO PETITIONER'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Martin Koitz
|
|
| Docket Date |
2021-06-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PETITIONER'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Kings Point Community Ass'n, Inc.
|
|
| Docket Date |
2021-06-08
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Martin Koitz
|
|
| Docket Date |
2021-06-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ DENIED, SEE 08/13/2021 ORDER **RESPONSE FILED**
|
| On Behalf Of |
Martin Koitz
|
|
| Docket Date |
2021-05-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's May 26, 2021 amended motion for extension of time is granted, and the time for filing a reply to the response is extended to and including June 17, 2021.
|
|
| Docket Date |
2021-05-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response ~ AMENDED
|
| On Behalf Of |
Martin Koitz
|
|
| Docket Date |
2021-05-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Martin Koitz
|
|
| Docket Date |
2021-05-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ GRANTED, SEE 08/13/2021 ORDER
|
| On Behalf Of |
Kings Point Community Ass'n, Inc.
|
|
| Docket Date |
2021-05-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Kings Point Community Ass'n, Inc.
|
|
| Docket Date |
2021-05-18
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Kings Point Community Ass'n, Inc.
|
|
| Docket Date |
2021-04-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's April 12, 2021 motion for extension of time is granted, and the time for filing a response is extended twenty (20) days from the date of this order.
|
|
| Docket Date |
2021-04-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Kings Point Community Ass'n, Inc.
|
|
| Docket Date |
2021-03-24
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition for writ of certiorari should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2021-03-05
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ SUPPLEMENTAL APPENDIX TRANSCRIPT FROM DEFENDANT'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION HEARING HELD ONJANUARY 21, 2021
|
| On Behalf Of |
Martin Koitz
|
|
| Docket Date |
2021-03-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Kings Point Community Ass'n, Inc.
|
|
| Docket Date |
2021-02-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2021-02-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2021-02-25
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
Martin Koitz
|
|
| Docket Date |
2021-02-25
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY*
|
|
|
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SUZETTE GRACE RODRIGUEZ VS VESTA PROPERTY SERVICES, INC.
|
4D2020-2630
|
2020-12-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA009943XXXXMB
|
Parties
| Name |
Suzette Grace Rodriguez (DNU)
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
VESTA PROPERTY SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard N. Margulies, Jennifer Shoaf Richardson
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED sua sponte that the above-styled appeal is dismissed as untimely filed.GERBER, FORST and KUNTZ, JJ., concur.
|
|
| Docket Date |
2021-01-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-12-28
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Suzette Grace Rodriguez (DNU)
|
|
| Docket Date |
2020-12-28
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on December 3, 2020, and the Notice reflects October 4, 2019, as the date of the order being appealed.ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined.ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
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|
| Docket Date |
2020-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Suzette Grace Rodriguez (DNU)
|
|
| Docket Date |
2020-12-07
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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|
| Docket Date |
2020-12-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-12-04
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE.
|
|
| Docket Date |
2020-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Suzette Grace Rodriguez (DNU)
|
|
|
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SUZETTE G. RODRIGUEZ VS VESTA PROPERTY SERVICES, INC.
|
4D2019-3472
|
2019-11-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA009943
|
Parties
| Name |
Suzette Grace Rodriguez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
VESTA PROPERTY SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jennifer Shoaf Richardson
|
|
| Name |
Hon. James Martz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Deny Motion to Reinstate ~ ORDERED that appellant's February 11, 2020 notice of appeal is treated as a motion for reinstatement and is denied. See Franchi v. Florida Dep’t of Commerce, 375 So. 2d 1154, 1155 (Fla. 4th DCA 1979) (“Failing to file any notice within the 30 day period constitutes an irremediable jurisdictional defect.”).
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|
| Docket Date |
2020-02-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ AMENDED FSS 95.051(d)
|
| On Behalf Of |
Suzette Grace Rodriguez
|
|
| Docket Date |
2020-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **TREATED AS A MOTION FOR REINSTATEMENT**
|
| On Behalf Of |
Suzette Grace Rodriguez
|
|
| Docket Date |
2019-12-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-11-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **TREATED AS A RESPONSE** AMENDED. TO ADVANCE THE DIRECTION TO THE JUDICIAL REVIEW HEARING RULE.
|
| On Behalf Of |
Suzette Grace Rodriguez
|
|
| Docket Date |
2019-11-15
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2019-11-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's November 14, 2019 petition 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 Judicial Administration 2.516(f).
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|
| Docket Date |
2019-11-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ DOCUMENTS.
|
|
| Docket Date |
2019-11-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **STRICKEN** ADVANCE THE DIRECTION TO THE JUDICIAL REVIEW HEARINGRULE
|
|
| Docket Date |
2019-11-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CERTIFIED COPY.
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-11-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-08
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
|
| Docket Date |
2019-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2019-12-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED sua sponte that this court's November 12, 2019 order for appellant to obtain and file a final order is vacated as issued in error. Further, ORDERED that appellant's November 20, 2019 "petition (amended 1.190[a]) advance the direction to the judicial review hearing" is treated as a response to this court's November 12, 2019 order regarding the apparent untimeliness of the filing of the notice of appeal. Upon consideration of appellant's November 20, 2019 response, it is ORDERED sua sponte that the above-styled appeal is dismissed as untimely filed. The order on appeal was rendered October 4, 2019 and the notice of appeal needed to be filed within thirty days from the date of rendition, on or before November 5, 2019. Fla. R. App. P. 9.110(b); Fla. R. Jud. Admin. 2.514(a)(1) (explaining that counting begins from the next day that is not a Saturday, Sunday, or legal holiday; every day is counted; and the last day of the period is a day that is not a Saturday, Sunday, or legal holiday).MAY, DAMOORGIAN and GERBER, JJ., concur.
|
|
| Docket Date |
2019-11-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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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BONNY M. NADOLNI VS COBBLESTONE LANDING TOWNHOMES CONDO. ASSN.
|
2D2015-2164
|
2015-05-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2013-CA-005544
|
Parties
| Name |
BONNY M. NADOLNI
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
PEDRO L. MORALES, ESQ.
|
|
| Name |
VESTA PROPERTY SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COBBLESTONE LANDING TOWNHOMES
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MATTHEW J. HAFTEL, ESQ., DENNIS R. O'CONNOR, ESQ., DEREK J. ANGELL, ESQ.
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-07-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-07-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2015-07-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
BONNY M. NADOLNI
|
|
| Docket Date |
2015-05-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
COBBLESTONE LANDING TOWNHOMES
|
|
| Docket Date |
2015-05-26
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ AMENDED NOTICE OF APPEAL - (Amended as to Certificate of Service Only)
|
| On Behalf Of |
BONNY M. NADOLNI
|
|
| Docket Date |
2015-05-26
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2015-05-18
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses
|
|
| Docket Date |
2015-05-14
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
order appealed
|
|
| Docket Date |
2015-05-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2015-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BONNY M. NADOLNI
|
|
|
