|
ATLAS HOLDING CORPORATION, et al. VS TD BANK, N.A., et al.
|
4D2022-2223
|
2022-08-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-007675
|
Parties
| Name |
Jack T. Keiser
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Pamela Keiser
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ATLAS HOLDING CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Charles P. Gourlis, Matthew Paul Leto, Raoul G. Cantero, III
|
|
| Name |
Keiser Family Living Trust dated January 16, 2013
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Amram Adar
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
17 NMB DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Petra Navarro-Woods
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mordechai Gelbhauer
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TD Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven Harris Osber, Elliot Burt Kula, Russell R. O'Brien
|
|
| Name |
ANTIGUA AT NMB DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jacob Elharar
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-09-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
|
| Docket Date |
2023-10-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-10-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing
|
| On Behalf Of |
TD Bank NA
|
|
| Docket Date |
2023-09-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
|
|
| Docket Date |
2023-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2023-09-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-09-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellants' September 1, 2022 motion for reinstatement is granted, and the above-styled case is reinstated.
|
|
| Docket Date |
2022-09-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-06-07
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2023-05-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
| View |
View File
|
|
| Docket Date |
2023-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-05-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-05-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-04-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
|
| Docket Date |
2023-04-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
|
| Docket Date |
2023-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2023-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ PROPOSED ORDER GRANTING MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-01-05
|
| Type |
Motions Other
|
| Subtype |
Motion to Determine Confidentiality
|
| Description |
Motion To Determine Confidentiality of Court Records
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-01-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-01-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Atlas Holding Corporation
|
| View |
View File
|
|
| Docket Date |
2022-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-11-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-11-03
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 414 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the notice filed by the clerk of the lower tribunal on October 17, 2022, it is ORDERED that appellant shall file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2022-10-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD (22-2060)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that petitioners’ September 6, 2022 motion to consolidate is granted in part. This case is consolidated for all purposes with 4D22-2060. Petitioners may raise the denial of the motion to disqualify in their initial brief in the pending appeal from the final judgment in 4D22-2060. A writ of prohibition is not available or necessary as petitioners have an adequate remedy on appeal. English v. McCrary, 348 So. 2d 293, 297 (Fla. 1977).
|
|
| Docket Date |
2022-09-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ 4D22-2060, 4D22-1827 and 4D22-2048
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-08-22
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed with the clerk of the lower tribunal is treated as a Petition for Writ of Prohibition. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
| Docket Date |
2022-08-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-08-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellants’ January 5, 2023 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2023-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2023-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Determine Confidentiality
|
| Description |
ORD-Grant Confidentiality ~ ORDERED that the January 5, 2023 Motion to Determine Confidentiality of Court Records is granted. The information required by Florida Rule of General Practice and Judicial Administration 2.240(e)(3) follows:(A). This is an appeal following the trial of an attorneys’ charging lien.(B) During the trial, the Trial Court required the parties to disclose the amount of the confidential settlement reached between Appellants the defendants in the underlying action. However, when doing so, the Trial Court entered an Order requiring all references to that amount to be redacted from the record and not included in any filings by the parties in the Court record. In this appeal, the Appellants’ Initial Brief references the amount of the settlement on pages 12, 27, 30, and 42. Under Florida Rule of General Practice and Judicial Administration 2.420, this Court can determine that briefs may be filed under seal where sealing is required to “obtain evidence to determine legal issues in a case” or to “comply with established public policy set forth in . . . Florida rules or case law.” Fla. R. Gen. Prac. & Jud. Admin. 2.420(c)(9)(A)(iv), (vii).(C) The parties to this appeal are not confidential.(D) The progress docket is not confidential.(E) However, the settlement amounts identified in the Appellants’ Initial Brief on pages 12, 27, 30, and 42 shall be maintained as Confidential.(F) The parties to this appeal, their attorneys, the Court, and court staff are permitted to view this confidential information.(G) The Court finds that the (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in subdivision (c); and (ii) no less restrictive measures are available to protect the interests set forth in subdivision (c); and(H) The Clerk of the Court is directed to publish the order in accordance with subdivision (e)(4) by posting a copy of this order, within ten (10) days following its entry, on the Court’s website, to remain posted for no less than thirty (30) days.
|
|
| Docket Date |
2023-01-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, within ten (10) days of this order, appellants shall submit a proposed order granting the motion to determine confidentiality of court records. See Fla. R. Gen. Prac. & Jud. Admin. 2.420(e)(3). A form order is attached for reference. Failure to timely comply with this order may result in denial of the motion to determine confidentiality and the striking of any documents that were submitted for filing under seal. PROPOSED ORDER GRANTING MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS [Rule 2.420(e)] ORDERED that the [Date] Motion to Determine Confidentiality of Court Records is granted. The information required by Florida Rule of General Practice and Judicial Administration 2.420(e)(3) follows: (A) [Type of case in which the order is being entered]; (B) [Particular grounds under subdivision (c) for confidentiality]; (C) [Whether any party name is confidential; if so, pseudonym to be substituted]; (D) [Whether progress docket is confidential]; (E) [Particular information that is determined to be confidential]; (F) [Identification of persons who are permitted to view confidential information]; (G) This Court finds that (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in subdivision (c); and (ii) no less restrictive measures are available to protect the interests set forth in subdivision (c); and (H) The Clerk of the Court is directed to publish the order in accordance with subdivision (e)(4) by posting a copy of this order, within ten (10) days following its entry, on the Court’s website, to remain posted for no less than thirty (30) days.
|
|
| Docket Date |
2022-09-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-09-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED 09/02/2022** ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2022-08-16
|
| 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.
|
|
|
|
ATLAS HOLDING CORPORATION, et al., Appellant(s) v. TD BANK NA, et al., Appellee(s)
|
4D2022-2060
|
2022-07-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-007675
|
Parties
| Name |
ATLAS HOLDING CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Raoul G. Cantero, III, Matthew Paul Leto, Charles P. Gourlis
|
|
| Name |
Jack T. Keiser
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Pamela Keiser
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Keiser Family Living Trust dated January 16, 2013
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Mordechai Gelbhauer
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TD Bank NA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven Harris Osber, Russell R. O'Brien, Tara Ann Campion, Elliot Burt Kula, William R Scherer, Douglas F. Eaton, Bruce S. Rogow
|
|
| Name |
17 NMB DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Amram Adar
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Petra Navarro-Woods
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jacob Elharar
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANTIGUA AT NMB DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-10-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing
|
| On Behalf Of |
TD Bank NA
|
|
| Docket Date |
2023-09-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
|
|
| Docket Date |
2023-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2023-09-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellee Conrad & Scherer, LLP's April 19, 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. Further,ORDERED that the request for costs contained within the motion referenced above is denied without prejudice to seek cost in the trial court.
|
| View |
View File
|
|
| Docket Date |
2023-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2023-06-07
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2023-05-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
| View |
View File
|
|
| Docket Date |
2023-05-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 14 days to May 31, 2023.
|
|
| Docket Date |
2023-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-05-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-05-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-04-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
| On Behalf Of |
TD Bank NA
|
|
| Docket Date |
2023-04-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
TD Bank NA
|
| View |
View File
|
|
| Docket Date |
2023-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
TD Bank NA
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 4/17/23.
|
|
| Docket Date |
2023-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
TD Bank NA
|
|
| Docket Date |
2023-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Determine Confidentiality
|
| Description |
ORD-Grant Confidentiality ~ ORDERED that the January 5, 2023 Motion to Determine Confidentiality of Court Records is granted. The information required by Florida Rule of General Practice and Judicial Administration 2.240(e)(3) follows:(A). This is an appeal following the trial of an attorneys’ charging lien.(B) During the trial, the Trial Court required the parties to disclose the amount of the confidential settlement reached between Appellants the defendants in the underlying action. However, when doing so, the Trial Court entered an Order requiring all references to that amount to be redacted from the record and not included in any filings by the parties in the Court record. In this appeal, the Appellants’ Initial Brief references the amount of the settlement on pages 12, 27, 30, and 42. Under Florida Rule of General Practice and Judicial Administration 2.420, this Court can determine that briefs may be filed under seal where sealing is required to “obtain evidence to determine legal issues in a case” or to “comply with established public policy set forth in . . . Florida rules or case law.” Fla. R. Gen. Prac. & Jud. Admin. 2.420(c)(9)(A)(iv), (vii).(C) The parties to this appeal are not confidential.(D) The progress docket is not confidential.(E) However, the settlement amounts identified in the Appellants’ Initial Brief on pages 12, 27, 30, and 42 shall be maintained as Confidential.(F) The parties to this appeal, their attorneys, the Court, and court staff are permitted to view this confidential information.(G) The Court finds that the (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in subdivision (c); and (ii) no less restrictive measures are available to protect the interests set forth in subdivision (c); and(H) The Clerk of the Court is directed to publish the order in accordance with subdivision (e)(4) by posting a copy of this order, within ten (10) days following its entry, on the Court’s website, to remain posted for no less than thirty (30) days.
|
|
| Docket Date |
2023-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ PROPOSED ORDER GRANTING MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-01-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, within ten (10) days of this order, appellants shall submit a proposed order granting the motion to determine confidentiality of court records. See Fla. R. Gen. Prac. & Jud. Admin. 2.420(e)(3). A form order is attached for reference. Failure to timely comply with this order may result in denial of the motion to determine confidentiality and the striking of any documents that were submitted for filing under seal. PROPOSED ORDER GRANTING MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS [Rule 2.420(e)] ORDERED that the [Date] Motion to Determine Confidentiality of Court Records is granted. The information required by Florida Rule of General Practice and Judicial Administration 2.420(e)(3) follows: (A) [Type of case in which the order is being entered]; (B) [Particular grounds under subdivision (c) for confidentiality]; (C) [Whether any party name is confidential; if so, pseudonym to be substituted]; (D) [Whether progress docket is confidential]; (E) [Particular information that is determined to be confidential]; (F) [Identification of persons who are permitted to view confidential information]; (G) This Court finds that (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in subdivision (c); and (ii) no less restrictive measures are available to protect the interests set forth in subdivision (c); and (H) The Clerk of the Court is directed to publish the order in accordance with subdivision (e)(4) by posting a copy of this order, within ten (10) days following its entry, on the Court’s website, to remain posted for no less than thirty (30) days.
|
|
| Docket Date |
2023-01-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Atlas Holding Corporation
|
| View |
View File
|
|
| Docket Date |
2023-01-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits **Confidential**
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-01-05
|
| Type |
Motions Other
|
| Subtype |
Motion to Determine Confidentiality
|
| Description |
Motion To Determine Confidentiality of Court Records
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/05/2023
|
|
| Docket Date |
2022-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-11-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-11-03
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 414 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the notice filed by the clerk of the lower tribunal on October 17, 2022, it is ORDERED that appellant shall file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2022-10-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD (22-2060)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 12/06/2022
|
|
| Docket Date |
2022-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that petitioners’ September 6, 2022 motion to consolidate is granted in part. This case is consolidated for all purposes with 4D22-2060. Petitioners may raise the denial of the motion to disqualify in their initial brief in the pending appeal from the final judgment in 4D22-2060. A writ of prohibition is not available or necessary as petitioners have an adequate remedy on appeal. English v. McCrary, 348 So. 2d 293, 297 (Fla. 1977).
|
|
| Docket Date |
2022-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellants’ unopposed August 12, 2022 motion to consolidate is granted, and the above-styled appeals are consolidated for record purposes and for designation to the same appellate panel for review. The initial briefs in all three appeals shall be served on or before October 5, 2022.
|
|
| Docket Date |
2022-08-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-08-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-08-01
|
| 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 |
2022-08-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2022-07-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
KATIE PHANG P.A., Appellant(s) v. ATLAS HOLDING CORPORATION, et al., Appellee(s)
|
4D2022-2048
|
2022-07-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17007675
|
Parties
| Name |
KATIE PHANG, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan Feldman, Kathleen S. Phang, Douglas F. Eaton
|
|
| Name |
Jack T. Keiser
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PBYA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Pamela Keiser
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Keiser Family Living Trust
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TD Bank NA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ATLAS HOLDING CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bruce S. Rogow, George S. LeMieux, Steven Harris Osber, Raoul G. Cantero, III, Matthew Paul Leto, Tara Ann Campion, Russell R. O'Brien, Eric C. Edison, Elliot Burt Kula
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Katie Phang P.A.
|
|
| Docket Date |
2023-11-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-10-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-10-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing
|
| On Behalf Of |
TD Bank NA
|
|
| Docket Date |
2023-09-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
|
|
| Docket Date |
2023-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2023-09-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2023-06-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Katie Phang P.A.
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that the appellant’s June 9, 2023 motion to accept reply brief as timely filed is granted. The reply brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2023-06-09
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
Katie Phang P.A.
|
|
| Docket Date |
2023-05-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellees’ May 19, 2023 motion to accept answer brief as timely filed is granted. The answer brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2023-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-05-19
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant’s January 4, 2023 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal 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 initial 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.
|
|
| Docket Date |
2023-01-04
|
| 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 |
Katie Phang P.A.
|
|
| Docket Date |
2022-11-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/5/2023
|
|
| Docket Date |
2022-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Katie Phang P.A.
|
|
| Docket Date |
2022-11-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 5,825 PAGES
|
|
| Docket Date |
2022-10-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH OCTOBER 24, 2022 ORDER
|
| On Behalf Of |
Katie Phang P.A.
|
|
| Docket Date |
2022-10-24
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit the Record filed by the clerk of the lower tribunal on October 13, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2022-10-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
|
| Docket Date |
2022-10-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 12/06/2022
|
|
| Docket Date |
2022-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Katie Phang P.A.
|
|
| Docket Date |
2022-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant’s unopposed August 10, 2022 motion to consolidate is granted, and the above-styled appeals are consolidated for record purposes and for designation to the same appellate panel for review. The initial briefs in all three appeals shall be served on or before October 5, 2022.
|
|
| Docket Date |
2022-08-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Katie Phang P.A.
|
|
| Docket Date |
2022-07-29
|
| 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 |
2022-07-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Katie Phang P.A.
|
|
| Docket Date |
2022-07-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Katie Phang P.A.
|
|
|
|
PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L., Appellant(s) v. ATLAS HOLDING CORPORATION , et al., Appellee(s).
|
4D2022-1827
|
2022-07-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-007675 (14)
|
Parties
| Name |
PERLMAN, BAJANDAS, YEVOLI & ALBRIGHT, P.L.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Eric C. Edison, George S. LeMieux, Elliot Burt Kula, William Aaron Daniel, William Derek Mueller
|
|
| Name |
TD Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ATLAS HOLDING CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William R Scherer, Glenn Jerrold Waldman, Tara Ann Campion, Matthew Paul Leto, Russell R. O'Brien, Bruce S. Rogow, Raoul G. Cantero, III
|
|
| Name |
Hon. Carlos A. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-10-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2023-10-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion for Rehearing
|
| On Behalf Of |
TD Bank NA
|
|
| Docket Date |
2023-09-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
|
|
| Docket Date |
2023-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2023-09-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2023-05-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellees’ May 19, 2023 motion to accept answer brief as timely filed is granted. The answer brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2023-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-05-19
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
Atlas Holding Corporation
|
|
| Docket Date |
2023-05-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Perlman, Bajandas, Yevoli & Albright, P.L.
|
|
| Docket Date |
2023-01-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Perlman, Bajandas, Yevoli & Albright, P.L.
|
|
| Docket Date |
2023-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant’s January 4, 2023 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal 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 initial 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.
|
|
| Docket Date |
2023-01-04
|
| 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 |
Perlman, Bajandas, Yevoli & Albright, P.L.
|
|
| Docket Date |
2022-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Perlman, Bajandas, Yevoli & Albright, P.L.
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/05/2023
|
|
| Docket Date |
2022-11-03
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 414 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 12/06/2022
|
|
| Docket Date |
2022-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Perlman, Bajandas, Yevoli & Albright, P.L.
|
|
| Docket Date |
2022-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant’s unopposed August 10, 2022 motion to consolidate is granted, and the above-styled appeals are consolidated for record purposes and for designation to the same appellate panel for review. The initial briefs in all three appeals shall be served on or before October 5, 2022.
|
|
| Docket Date |
2022-08-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Perlman, Bajandas, Yevoli & Albright, P.L.
|
|
| Docket Date |
2022-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Perlman, Bajandas, Yevoli & Albright, P.L.
|
|
| Docket Date |
2022-07-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2022-07-08
|
| 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 |
2022-07-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Perlman, Bajandas, Yevoli & Albright, P.L.
|
|
|
