|
AL ELDREDGE VS CATHY D. SMITH, as shareholder, etc., et al.
|
4D2019-1491
|
2019-05-23
|
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
502010CA016887
|
Parties
| Name |
AL ELDREDGE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EDROY USA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL R. SMITH & ASSOCIATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CATHY D. SMITH, as shareholder
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nathaniel Edenfield, Adam M. Myron, George Lambeth Metcalfe, Gerald F. Richman
|
|
| Name |
ROY BROEKHOFF
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SOUTH FLORIDA EXPEDITIONS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SAVAGE MARINE LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTI COPPOLA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARINE LIGHTING SYSTEMS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MAST PRODUCTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NILS NELSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCOTT SMITH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-03-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellees are directed to respond, within fifteen (15) days from the date of this order, to appellant’s March 13, 2020 amended motion for extension of the relinquishment of jurisdiction.
|
|
| Docket Date |
2020-03-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ OF THE RELINQUISHMENT OF JURISDICTION -- SEE AMENDED MOTION
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-02-18
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-06-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO CONSOLIDATE AND RESPONSE TO THE ORDER TO SHOW CAUSE AND NOTICE OF COMPLIANCE WITH THIS COURT'S ORDER
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that appellant shall show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D19-1491 and 4D19-1492 should not be consolidated for all purposes. Appellees may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2019-05-24
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Aplnt to file underlying order being appealed ~ The Notice of Appeal seeks an appeal of the order denying a motion for rehearing. An order denying a motion for rehearing is not independently appealable. Within ten (10) days from the date of this order, Appellant shall submit a conformed copy of the underlying order which is the subject of the motion for rehearing for the purpose of determining whether the filing of the motion for rehearing tolled the jurisdictional time limit of the filing of the Notice of Appeal of the underlying order from which appellant seeks review.
|
|
| Docket Date |
2019-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-05-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-10-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED that the above-styled appeal is dismissed for lack of prosecution.GROSS, MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-10-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-09-11
|
| 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 for lack of prosecution for failure to file the statement of proceedings as set forth in the April 9, 2020 order.
|
|
| Docket Date |
2020-09-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-08-27
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to this court’s August 7, 2020 order.
|
|
| Docket Date |
2020-08-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the trial court’s settlement and the lower court clerk’s transmittal of a statement of proceedings.
|
|
| Docket Date |
2020-07-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the trial court’s settlement and the lower court clerk’s transmittal of a statement of proceedings.
|
|
| Docket Date |
2020-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The February 18, 2020 motion of Robin Bresky, Esq., Randall Burks, Esq., and The Law Offices of Robin Bresky, counsel for appellant, to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20-day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all filings shall be sent to appellant at the address appearing below; (4) if substitute counsel does not appear within twenty (20) days from the date of this order, appellant is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2020-04-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ (SECOND AMENDED) - OF THE RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-04-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ Upon consideration of appellees’ April 3, 2020 response, it is ORDERED that appellant’s April 9, 2020 “second amended motion for extension of the relinquishment of jurisdiction for preparation of, and the trial court’s approval of, a statement of proceedings pursuant to this court's order of January 14, 2020” is granted. Relinquishment of jurisdiction to the trial court is continued up to and including June 30, 2020. Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-04-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-03-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The March 17, 2020 motion of George L. Metcalfe, Esq., counsel for appellees, Cathy Smith, as a shareholder and board of director and as for the right, use, and benefit of Daniel R. Smith & Associates, Inc., to withdraw as counsel is granted. This court notes attorney Gerald F. Richman will continue to represent the above-mentioned appellees.
|
|
| Docket Date |
2020-03-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ (GEORGE L. METCALFE)
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-03-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The March 16, 2020 motion of Adam M. Myron, Esq., counsel for appellees, Cathy Smith, as a shareholder and board of director and as for the right, use, and benefit of Daniel R. Smith & Associates, Inc., to withdraw as counsel is granted. This court notes attorney Gerald F. Richman will continue to represent the above-mentioned appellees.
|
|
| Docket Date |
2020-03-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-03-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ (AMENDED) - OF THE RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant’s February 6, 2020 agreed motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-02-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ Upon consideration of appellant’s January 3, 2020 response, it is ORDERED that appellee’s November 27, 2019 “motion to dismiss consolidated appeals or, in the alternative, motion for order to show cause as to why the orders underlying the consolidated appeals should not immediately be affirmed pursuant to Applegate v. Barnett Bank of Tallahassee” is denied. Further, ORDERED that appellant’s January 3, 2020 “motion to relinquish jurisdiction to supplement the record via a statement of proceedings or by holding an evidentiary hearing” is granted. Jurisdiction is relinquished to the lower tribunal for thirty (30) days for the purpose of settling and approving the statement of evidence or proceedings filed by the parties pursuant to Florida Rule of Appellate Procedure 9.200(b)(5). Appellant shall cause the clerk of the lower tribunal to file the supplemental record within this 30-day period. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant’s December 2, 2019 motion for extension of time is granted, and the time for filing a response to the appellee’s motion to dismiss is extended to January 3, 2020.
|
|
| Docket Date |
2019-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-11-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-10-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that appellee’s August 15, 2019 request for clarification of briefing schedule is granted. The tolling period that began on July 1, 2019 has been terminated by virtue of the August 13, 2019 order. The consolidated initial brief shall be filed within sixty (60) days from the date of this order.
|
|
| Docket Date |
2019-08-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-08-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant’s July 11, 2019 jurisdictional statement and appellees’ July 22, 2019 response, it is ORDERED sua sponte that this court determines that the order on appeal in case number 4D19-1491 is appealable as a post-decretal order and shall proceed in the above-styled consolidated appeal. See Clearwater Federal Sav. and Loan Ass’n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976) (“Where an order after judgment is dispositive of any question, it becomes a final post decretal order. To the extent that it completes the judicial labor on that portion of the cause after judgment, it becomes final as to that portion and should be treated as a final judgment[.]”). However, the portion of the order on appeal in 4D19-1491 which denies the motion for rehearing is not independently appealable, and will be reviewed in conjunction with the “order on plaintiff’s motion for order directing turnover of shares of Eldredge Ranch, Inc. to the Sheriff of Hardee County for levy and execution,” on appeal in 4D19-1125, as the motion for rehearing tolled rendition of that order. Fla. R. App. P. 9.020(h)(1)(B).
|
|
| Docket Date |
2019-07-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-07-11
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-07-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4D19-1492
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant’s June 3, 2019 motion to consolidate is granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D19-1125. The record on appeal in 4D19-1492, when transmitted to this court, will be used for review of the consolidated appeals. Appellant shall file a single initial brief addressing the issues of all three appeals. Further,Upon consideration of appellant’s June 24, 2019 response in opposition, it is ORDERED that appellees’ June 21, 2019 motion to dismiss is denied. Further,Upon consideration of appellant’s June 27, 2019 response in opposition, it is ORDERED that appellees’ June 24, 2019 motion for leave to file a reply is denied. Further,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 on defendant’s motion for rehearing or reconsideration and motion for stay of execution pursuant to rule 1.550 and, alternatively or additionally, motion for extension of time and, alternatively or additionally, motion for injunctive relief,” on appeal in 4D19-1491, citing legal authorities. Appellant shall specifically address how the portions of the order denying: (1) the motion for stay of execution; (2) the motion for extension of time; and, (3) the motion for injunctive relief are appealable pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130; further,Appellees may file a response within ten (10) days of service of that statement. Further,ORDERED that briefing is tolled until further order from this court upon review of appellant’s jurisdictional statement and appellees’ response.
|
|
| Docket Date |
2019-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-06-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ AND RESPONSE TO THE ORDER TO SHOW CAUSE AND NOTICE OF COMPLIANCE WITH THIS COURT'S ORDER
|
| On Behalf Of |
AL ELDREDGE
|
|
|
|
AL ELDREDGE VS CATHY D. SMITH, as shareholder, etc., et al.
|
4D2019-1492
|
2019-05-23
|
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
502010CA016887
|
Parties
| Name |
AL ELDREDGE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAST PRODUCTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CATHY D. SMITH, as shareholder
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nathaniel Edenfield, Gerald F. Richman, Adam M. Myron, George Lambeth Metcalfe
|
|
| Name |
ROY BROEKHOFF
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SOUTH FLORIDA EXPEDITIONS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCOTT SMITH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EDROY USA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARINE LIGHTING SYSTEMS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL R. SMITH & ASSOCIATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTI COPPOLA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SAVAGE MARINE LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NILS NELSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-09-11
|
| 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 for lack of prosecution for failure to file the statement of proceedings as set forth in the April 9, 2020 order.
|
|
| Docket Date |
2020-09-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-08-27
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to this court’s August 7, 2020 order.
|
|
| Docket Date |
2020-08-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the trial court’s settlement and the lower court clerk’s transmittal of a statement of proceedings.
|
|
| Docket Date |
2020-07-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the trial court’s settlement and the lower court clerk’s transmittal of a statement of proceedings.
|
|
| Docket Date |
2019-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that appellee’s August 15, 2019 request for clarification of briefing schedule is granted. The tolling period that began on July 1, 2019 has been terminated by virtue of the August 13, 2019 order. The consolidated initial brief shall be filed within sixty (60) days from the date of this order.
|
|
| Docket Date |
2019-08-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-10-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-10-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED that the above-styled appeal is dismissed for lack of prosecution.GROSS, MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The February 18, 2020 motion of Robin Bresky, Esq., Randall Burks, Esq., and The Law Offices of Robin Bresky, counsel for appellant, to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20-day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all filings shall be sent to appellant at the address appearing below; (4) if substitute counsel does not appear within twenty (20) days from the date of this order, appellant is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2020-04-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ Upon consideration of appellees’ April 3, 2020 response, it is ORDERED that appellant’s April 9, 2020 “second amended motion for extension of the relinquishment of jurisdiction for preparation of, and the trial court’s approval of, a statement of proceedings pursuant to this court's order of January 14, 2020” is granted. Relinquishment of jurisdiction to the trial court is continued up to and including June 30, 2020. Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-04-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ (SECOND AMENDED) - OF THE RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-04-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-03-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The March 17, 2020 motion of George L. Metcalfe, Esq., counsel for appellees, Cathy Smith, as a shareholder and board of director and as for the right, use, and benefit of Daniel R. Smith & Associates, Inc., to withdraw as counsel is granted. This court notes attorney Gerald F. Richman will continue to represent the above-mentioned appellees.
|
|
| Docket Date |
2020-03-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ (GEORGE L. METCALFE)
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-03-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The March 16, 2020 motion of Adam M. Myron, Esq., counsel for appellees, Cathy Smith, as a shareholder and board of director and as for the right, use, and benefit of Daniel R. Smith & Associates, Inc., to withdraw as counsel is granted. This court notes attorney Gerald F. Richman will continue to represent the above-mentioned appellees.
|
|
| Docket Date |
2020-03-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-03-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellees are directed to respond, within fifteen (15) days from the date of this order, to appellant’s March 13, 2020 amended motion for extension of the relinquishment of jurisdiction.
|
|
| Docket Date |
2020-03-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ (AMENDED) - OF THE RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-03-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ OF THE RELINQUISHMENT OF JURISDICTION -- SEE AMENDED MOTION
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-02-18
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant’s February 6, 2020 agreed motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-02-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ Upon consideration of appellant’s January 3, 2020 response, it is ORDERED that appellee’s November 27, 2019 “motion to dismiss consolidated appeals or, in the alternative, motion for order to show cause as to why the orders underlying the consolidated appeals should not immediately be affirmed pursuant to Applegate v. Barnett Bank of Tallahassee” is denied. Further, ORDERED that appellant’s January 3, 2020 “motion to relinquish jurisdiction to supplement the record via a statement of proceedings or by holding an evidentiary hearing” is granted. Jurisdiction is relinquished to the lower tribunal for thirty (30) days for the purpose of settling and approving the statement of evidence or proceedings filed by the parties pursuant to Florida Rule of Appellate Procedure 9.200(b)(5). Appellant shall cause the clerk of the lower tribunal to file the supplemental record within this 30-day period. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant’s December 2, 2019 motion for extension of time is granted, and the time for filing a response to the appellee’s motion to dismiss is extended to January 3, 2020.
|
|
| Docket Date |
2019-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-11-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-10-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-08-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant’s July 11, 2019 jurisdictional statement and appellees’ July 22, 2019 response, it is ORDERED sua sponte that this court determines that the order on appeal in case number 4D19-1491 is appealable as a post-decretal order and shall proceed in the above-styled consolidated appeal. See Clearwater Federal Sav. and Loan Ass’n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976) (“Where an order after judgment is dispositive of any question, it becomes a final post decretal order. To the extent that it completes the judicial labor on that portion of the cause after judgment, it becomes final as to that portion and should be treated as a final judgment[.]”). However, the portion of the order on appeal in 4D19-1491 which denies the motion for rehearing is not independently appealable, and will be reviewed in conjunction with the “order on plaintiff’s motion for order directing turnover of shares of Eldredge Ranch, Inc. to the Sheriff of Hardee County for levy and execution,” on appeal in 4D19-1125, as the motion for rehearing tolled rendition of that order. Fla. R. App. P. 9.020(h)(1)(B).
|
|
| Docket Date |
2019-07-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-07-11
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-07-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4D19-1492
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant’s June 3, 2019 motion to consolidate is granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D19-1125. The record on appeal in 4D19-1492, when transmitted to this court, will be used for review of the consolidated appeals. Appellant shall file a single initial brief addressing the issues of all three appeals. Further,Upon consideration of appellant’s June 24, 2019 response in opposition, it is ORDERED that appellees’ June 21, 2019 motion to dismiss is denied. Further,Upon consideration of appellant’s June 27, 2019 response in opposition, it is ORDERED that appellees’ June 24, 2019 motion for leave to file a reply is denied. Further,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 on defendant’s motion for rehearing or reconsideration and motion for stay of execution pursuant to rule 1.550 and, alternatively or additionally, motion for extension of time and, alternatively or additionally, motion for injunctive relief,” on appeal in 4D19-1491, citing legal authorities. Appellant shall specifically address how the portions of the order denying: (1) the motion for stay of execution; (2) the motion for extension of time; and, (3) the motion for injunctive relief are appealable pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130; further,Appellees may file a response within ten (10) days of service of that statement. Further,ORDERED that briefing is tolled until further order from this court upon review of appellant’s jurisdictional statement and appellees’ response.
|
|
| Docket Date |
2019-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-06-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ AND RESPONSE TO THE ORDER TO SHOW CAUSE AND NOTICE OF COMPLIANCE WITH THIS COURT'S ORDER
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-06-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO CONSOLIDATE AND RESPONSE TO THE ORDER TO SHOW CAUSE AND NOTICE OF COMPLIANCE WITH THIS COURT'S ORDER
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that appellant shall show cause in writing, if any there be, within ten (10) days from the date of this order, why case numbers 4D19-1491 and 4D19-1492 should not be consolidated for all purposes. Appellees may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2019-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-05-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
AL ELDREDGE VS CATHY D. SMITH, AS SHAREHOLDER, etc., et al.
|
4D2019-1125
|
2019-04-22
|
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
502010CA016887XXXMB
|
Parties
| Name |
AL ELDREDGE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARINE LIGHTING SYSTEMS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL R. SMITH & ASSOCIATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EDROY USA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CATHY D. SMITH, as shareholder
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nathaniel M. Edenfield, George Lambeth Metcalfe, Gerald F. Richman, Adam M. Myron
|
|
| Name |
SAVAGE MARINE LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SOUTH FLORIDA EXPEDITIONS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NILS NELSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MAST PRODUCTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTI COPPOLA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROY BROEKHOFF
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCOTT SMITH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-06-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ AND RESPONSE TO THE ORDER TO SHOW CAUSE AND NOTICE OF COMPLIANCE WITH THIS COURT'S ORDER
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant’s February 6, 2020 agreed motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2019-06-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO CONSOLIDATE AND RESPONSE TO THE ORDER TO SHOW CAUSE AND NOTICE OF COMPLIANCE WITH THIS COURT'S ORDER
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-10-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED that the above-styled appeal is dismissed for lack of prosecution.GROSS, MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-10-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-09-11
|
| 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 for lack of prosecution for failure to file the statement of proceedings as set forth in the April 9, 2020 order.
|
|
| Docket Date |
2020-09-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-08-27
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to this court’s August 7, 2020 order.
|
|
| Docket Date |
2020-08-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the trial court’s settlement and the lower court clerk’s transmittal of a statement of proceedings.
|
|
| Docket Date |
2020-07-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the trial court’s settlement and the lower court clerk’s transmittal of a statement of proceedings.
|
|
| Docket Date |
2020-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The February 18, 2020 motion of Robin Bresky, Esq., Randall Burks, Esq., and The Law Offices of Robin Bresky, counsel for appellant, to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20-day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all filings shall be sent to appellant at the address appearing below; (4) if substitute counsel does not appear within twenty (20) days from the date of this order, appellant is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2020-04-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ (SECOND AMENDED) - OF THE RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-04-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ Upon consideration of appellees’ April 3, 2020 response, it is ORDERED that appellant’s April 9, 2020 “second amended motion for extension of the relinquishment of jurisdiction for preparation of, and the trial court’s approval of, a statement of proceedings pursuant to this court's order of January 14, 2020” is granted. Relinquishment of jurisdiction to the trial court is continued up to and including June 30, 2020. Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-04-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-03-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The March 17, 2020 motion of George L. Metcalfe, Esq., counsel for appellees, Cathy Smith, as a shareholder and board of director and as for the right, use, and benefit of Daniel R. Smith & Associates, Inc., to withdraw as counsel is granted. This court notes attorney Gerald F. Richman will continue to represent the above-mentioned appellees.
|
|
| Docket Date |
2020-03-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ (GEORGE L. METCALFE)
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-03-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The March 16, 2020 motion of Adam M. Myron, Esq., counsel for appellees, Cathy Smith, as a shareholder and board of director and as for the right, use, and benefit of Daniel R. Smith & Associates, Inc., to withdraw as counsel is granted. This court notes attorney Gerald F. Richman will continue to represent the above-mentioned appellees.
|
|
| Docket Date |
2020-03-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2020-03-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellees are directed to respond, within fifteen (15) days from the date of this order, to appellant’s March 13, 2020 amended motion for extension of the relinquishment of jurisdiction.
|
|
| Docket Date |
2020-03-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ (AMENDED) - OF THE RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-03-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ OF THE RELINQUISHMENT OF JURISDICTION -- SEE AMENDED MOTION
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-02-18
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-02-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2020-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ Upon consideration of appellant’s January 3, 2020 response, it is ORDERED that appellee’s November 27, 2019 “motion to dismiss consolidated appeals or, in the alternative, motion for order to show cause as to why the orders underlying the consolidated appeals should not immediately be affirmed pursuant to Applegate v. Barnett Bank of Tallahassee” is denied. Further, ORDERED that appellant’s January 3, 2020 “motion to relinquish jurisdiction to supplement the record via a statement of proceedings or by holding an evidentiary hearing” is granted. Jurisdiction is relinquished to the lower tribunal for thirty (30) days for the purpose of settling and approving the statement of evidence or proceedings filed by the parties pursuant to Florida Rule of Appellate Procedure 9.200(b)(5). Appellant shall cause the clerk of the lower tribunal to file the supplemental record within this 30-day period. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant’s December 2, 2019 motion for extension of time is granted, and the time for filing a response to the appellee’s motion to dismiss is extended to January 3, 2020.
|
|
| Docket Date |
2019-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-11-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-11-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/29/2019
|
|
| Docket Date |
2019-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-10-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-10-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/17/2019
|
|
| Docket Date |
2019-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that appellee’s August 15, 2019 request for clarification of briefing schedule is granted. The tolling period that began on July 1, 2019 has been terminated by virtue of the August 13, 2019 order. The consolidated initial brief shall be filed within sixty (60) days from the date of this order.
|
|
| Docket Date |
2019-08-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-08-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant’s July 11, 2019 jurisdictional statement and appellees’ July 22, 2019 response, it is ORDERED sua sponte that this court determines that the order on appeal in case number 4D19-1491 is appealable as a post-decretal order and shall proceed in the above-styled consolidated appeal. See Clearwater Federal Sav. and Loan Ass’n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976) (“Where an order after judgment is dispositive of any question, it becomes a final post decretal order. To the extent that it completes the judicial labor on that portion of the cause after judgment, it becomes final as to that portion and should be treated as a final judgment[.]”). However, the portion of the order on appeal in 4D19-1491 which denies the motion for rehearing is not independently appealable, and will be reviewed in conjunction with the “order on plaintiff’s motion for order directing turnover of shares of Eldredge Ranch, Inc. to the Sheriff of Hardee County for levy and execution,” on appeal in 4D19-1125, as the motion for rehearing tolled rendition of that order. Fla. R. App. P. 9.020(h)(1)(B).
|
|
| Docket Date |
2019-07-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-07-11
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-07-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4D19-1492
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant’s June 3, 2019 motion to consolidate is granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D19-1125. The record on appeal in 4D19-1492, when transmitted to this court, will be used for review of the consolidated appeals. Appellant shall file a single initial brief addressing the issues of all three appeals. Further,Upon consideration of appellant’s June 24, 2019 response in opposition, it is ORDERED that appellees’ June 21, 2019 motion to dismiss is denied. Further,Upon consideration of appellant’s June 27, 2019 response in opposition, it is ORDERED that appellees’ June 24, 2019 motion for leave to file a reply is denied. Further,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 on defendant’s motion for rehearing or reconsideration and motion for stay of execution pursuant to rule 1.550 and, alternatively or additionally, motion for extension of time and, alternatively or additionally, motion for injunctive relief,” on appeal in 4D19-1491, citing legal authorities. Appellant shall specifically address how the portions of the order denying: (1) the motion for stay of execution; (2) the motion for extension of time; and, (3) the motion for injunctive relief are appealable pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130; further,Appellees may file a response within ten (10) days of service of that statement. Further,ORDERED that briefing is tolled until further order from this court upon review of appellant’s jurisdictional statement and appellees’ response.
|
|
| Docket Date |
2019-06-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-06-24
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply ~ *DENIED - SEE 07/01/2019 ORDER*
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-06-24
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **PROPOSED**
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-06-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ *DENIED - SEE 07/01/2019 ORDER*
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-06-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (705 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-05-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ (TRIAL COURT ORDER ON MOTION FOR REHEARING)
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-05-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF TRIAL COURT'S DISPOSAL OF MOTION FOR REHEARING
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-04-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-04-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the above-styled case is stayed until the trial court disposes of the motion for rehearing and appellant files a copy of the order in this court. On that date, the stay will be automatically lifted, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2019-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-04-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
AL ELDREDGE and SOUTH FLORIDA EXPEDITIONS, INC. VS CATHY D. SMITH, etc., et al.
|
4D2018-3641
|
2018-12-11
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502010CA016887
|
Parties
| Name |
AL ELDREDGE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Randall D. Burks, Robin Bresky
|
|
| Name |
SOUTH FLORIDA EXPEDITIONS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAST PRODUCTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCOTT SMITH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROY BROEKHOFF
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NILS NELSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARINE LIGHTING SYSTEMS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CATHY D. SMITH, as shareholder
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gerald F. Richman, Nathaniel M. Edenfield, Adam M. Myron, George Lambeth Metcalfe
|
|
| Name |
EDROY USA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SAVAGE MARINE LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTI COPPOLA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL R. SMITH & ASSOCIATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Peter D. Blanc
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-02-26
|
| 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 |
AL ELDREDGE
|
|
| Docket Date |
2019-02-26
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-12-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-12-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-12-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellants’ April 17, 2019 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2019-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-05-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ Upon consideration of appellee’s May 6, 2019 response, it is ORDERED that appellants’ April 29, 2019 motion for extension of time to serve reply brief is granted in part, and appellants shall serve the reply brief within fifteen (15) days from current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-05-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-04-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-04-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-04-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 04/23/19)
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-04-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-04-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-04-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-04-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-03-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-03-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2019-03-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ Upon consideration of appellee's February 26, 2019 objection, it is ORDERED that appellants' February 26, 2019 motion for extension of time to serve initial brief is granted in part, and appellants shall serve the initial brief and appendix within ten (10) days from the date of this order. In addition, if the initial brief and appendix are 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. Appellants are 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.
|
|
| Docket Date |
2019-01-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellee's January 18, 2019 objection, it is ORDERED that appellants' January 17, 2019 motion for extension of time to serve initial brief is granted, and appellants shall serve the initial brief and appendix within thirty (30) days from the date of this order. In addition, if the initial brief and appendix are not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-01-18
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2019-01-17
|
| 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 |
AL ELDREDGE
|
|
| Docket Date |
2018-12-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's December 26, 2018 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2018-12-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2018-12-26
|
| 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 |
AL ELDREDGE
|
|
| Docket Date |
2018-12-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-12-12
|
| 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. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-12-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
AL ELDREDGE
|
|
|
|
AL ELDREDGE and SOUTH FLORIDA EXPEDITIONS, INC. VS CATHY D. SMITH, AS SHAREHOLDER, et al.
|
4D2018-0783
|
2018-03-09
|
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
502010CA016887XXXXMB
|
Parties
| Name |
AL ELDREDGE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robin Bresky
|
|
| Name |
SOUTH FLORIDA EXPEDITIONS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NILS NELSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARINE LIGHTING SYSTEMS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCOTT SMITH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTI COPPOLA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SAVAGE MARINE LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL R. SMITH & ASSOCIATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CATHY D. SMITH, as shareholder
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam M. Myron, Gerald F. Richman, Brett L. Goldblatt
|
|
| Name |
ROY BROEKHOFF
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MAST PRODUCTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EDROY USA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Peter D. Blanc
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 21, 2018 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2018-05-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-05-21
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2018-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellee's April 27, 2018 "motion for order relinquishing jurisdiction" is granted. Jurisdiction is relinquished to the trial court for thirty (30) days so that it may rule on appellee's pending motion for clarification and enter any further orders as are necessary. The appellees shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that the appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee to request an extension of time by proper motion to this court. This case is stayed. This case shall proceed in this court upon expiration of relinquishment or the case will be dismissed upon the filing of a notice of voluntary dismissal.
|
|
| Docket Date |
2018-04-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2018-03-12
|
| 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. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-03-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-03-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
AL ELDREDGE
|
|
|
|
AL ELDREDGE and SOUTH FLORIDA EXPEDITIONS, INC. VS CATHY D. SMITH, as shareholder, etc., et al.
|
4D2017-3831
|
2017-12-13
|
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
502010CA016887XXXXMB AB
|
Parties
| Name |
SOUTH FLORIDA EXPEDITIONS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
AL ELDREDGE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Randall D. Burks, Robin Bresky, Jonathan Mann
|
|
| Name |
SAVAGE MARINE LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SCOTT SMITH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EDROY USA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CATHY D. SMITH, as shareholder
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam M. Myron, Gerald F. Richman, Brett L. Goldblatt
|
|
| Name |
MAST PRODUCTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NILS NELSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL R. SMITH & ASSOCIATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTI COPPOLA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARINE LIGHTING SYSTEMS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROY BROEKHOFF
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Peter D. Blanc
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 21, 2018 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2018-05-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-05-21
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2018-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 5/23/18
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2018-03-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS FROM 3/23/18 TO 4/23/18
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2018-03-01
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (483 PAGES)
|
|
| Docket Date |
2018-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 3/23/18
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2018-02-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (4750 PAGES)
|
|
| Docket Date |
2018-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
ORD-Grant Rehearing on Interim Order ~ ORDERED that appellants' January 23, 2018 motion for rehearing/reinstatement is granted, and the appeal is reinstated as to appellant South Florida Expeditions, Inc.
|
|
| Docket Date |
2018-01-31
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2018-01-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR REHEARING/TO REINSTATE
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2018-01-24
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
CATHY D. SMITH, as shareholder
|
|
| Docket Date |
2018-01-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ *AND* REINSTATEMENT OF APPEAL AS TO SOUTH FLORIDA EXPEDITIONS
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2018-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
AL ELDREDGE
|
|
| Docket Date |
2018-01-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the above-styled appeal is dismissed as to appellant South Florida Expeditions, Inc. only.
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
|
| Docket Date |
2017-12-14
|
| 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. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-12-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-12-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
AL ELDREDGE
|
|
|
