| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA000505
|
Parties
| Name |
MOSHE FARACHE INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott C. Gherman
|
|
| Name |
Timothy J. Furiate
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FURI DEVELOPMENT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Roger C. Brown, William B. Lewis, Steven Harry Meyer
|
|
| Name |
MOSHE FARACHE INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FARACHE ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 26, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2020-10-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-10-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-09-16
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non–appealable, non–final order, appellant shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991).
|
|
| Docket Date |
2020-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S STATEMENT ON JURISDICTION
|
| On Behalf Of |
Furi Development, LLC
|
|
| Docket Date |
2020-07-02
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 19, 2020 motion for extension of time is granted, and appellant shall file a brief statement explaining the basis for this court’s jurisdiction over the order appealed in this case within ten (10) days from the date of this order.
|
|
| Docket Date |
2020-06-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE STATEMENT ON JURISDICTION
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Moshe Farache, Inc.
|
|
| Docket Date |
2020-06-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-22
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's September 16, 2020 order requiring appellant to obtain a final order and to file a copy in this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-06-09
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the “order on plaintiff’s motion for judgment on the pleadings on defendants’ breach of contract counterclaims and defendants’ second affirmative defense (setoff)” is an appealable final order, as (1) it grants judgment on the pleadings as to three of the six counts of the counterclaims while other counts remain pending; See Mendez v. W. Flagler Family Ass’n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011); and (2) it grants plaintiff’s motion for judgment on the pleadings as to three counts of the counterclaims but does not enter judgment for or against a party; See Golant v. German Shepherd Dog Club of Am., Inc., 26 So. 2d 60, 62 (Fla 4th DCA 2010); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645, 646 (Fla. 4th DCA 1991). FurtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-06-08
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
10-8177 CACE
|
Parties
| Name |
LORETO GIOVANNI FETTA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LORETO G. FETTA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Adam I. Skolnik
|
|
| Name |
WILLIAM GABRILOWITZ
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROD A. FEINER, DANIEL E. OATES, David W. Langley, Kenneth L. Minerley
|
|
| Name |
STATE FARM MUTUAL AUTO INS. CO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM GABRILOWITZ TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANT #1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALL-RIGHT PAVING CONTRACTORS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FARACHE ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GE Money Bank
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PREMIER AUTO FINANCE OF SOUTH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CitiBank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LARRY VANDERKERKHOVE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. DAVID KRATHEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2011-12-28
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2011-11-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2011-11-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ (APPELLEE'S 8/19/11 MOTION FOR ATTORNEY'S FEES)
|
|
| Docket Date |
2011-11-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2011-10-31
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
LORETO G. FETTA
|
|
| Docket Date |
2011-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
LORETO G. FETTA
|
|
| Docket Date |
2011-09-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ 9/2/11 NOTICE
|
|
| Docket Date |
2011-09-02
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF UNAVAILABILITY **STRICKEN A UNAUTHORIZED 9/8/11**
|
| On Behalf Of |
LORETO G. FETTA
|
|
| Docket Date |
2011-08-24
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief w/Appendix ~ (4)
|
| On Behalf Of |
WILLIAM GABRILOWITZ
|
|
| Docket Date |
2011-08-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ 10 DAYS ANSWER BRIEF
|
|
| Docket Date |
2011-08-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief w/Appendix ~ (4)
|
| On Behalf Of |
WILLIAM GABRILOWITZ
|
|
| Docket Date |
2011-08-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
WILLIAM GABRILOWITZ
|
|
| Docket Date |
2011-08-16
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ TO DISMISS APPELLANT'S INITIAL BRIEF. THE BRIEF HAS BEEN FILED BY APPELLANT.
|
|
| Docket Date |
2011-08-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ INITIAL BRIEF
|
| On Behalf Of |
WILLIAM GABRILOWITZ
|
|
| Docket Date |
2011-08-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (1) (THREE COPIES FILED 8/4/11)
|
| On Behalf Of |
LORETO G. FETTA
|
|
| Docket Date |
2011-07-14
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ by 7/29/11
|
|
| Docket Date |
2011-04-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2011-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LORETO G. FETTA
|
|
| Docket Date |
2011-04-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
