| Docket Date |
2016-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Cross-Reply Brief
|
| Description |
Notice of Agreed Extension - Cross-Reply Brief ~ 30 DAYS TO 06/27/16
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2016-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2016-05-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ CROSS-ANSWER BRIEF
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2017-10-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellees/cross-appellants' August 21, 2017 motion for rehearing, rehearing en banc and certification of conflict is denied.
|
|
| Docket Date |
2017-09-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-09-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING, REHEARING EN BANC AND CERTIFICATION OF CONFLICT.
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2017-08-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ AND CERTIFICATION OF CONFLICT
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2017-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellees/cross-appellants' July 31, 2017 motion for extension is granted and the time to file motions pursuant to Fla. R. App. P. 9.330 and 9.331 is extended to and including August 21, 2017.
|
|
| Docket Date |
2017-07-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTIONS PURSUANT TO FLA. R. APP. P. 9.330 AND 9.331
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2017-07-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2017-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellants Transcapital Bank, Leonard Zedeck and William Himes' August 31, 2015 motion for appellate attorney's fees is granted. On remand, the trial court shall set 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.
|
|
| Docket Date |
2016-07-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR APPELLATE ATTORNEY'S FEES.
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2017-04-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's April 25, 2017 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2017-04-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY.
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2017-02-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AMENDED NOTICE OF CHANGE OF ADDRESS (AMENDED AS TO CORRECT SPELLING OF PARTY WITHIN TEXT OF DOCUMENT)
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2017-01-17
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2017-01-13
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2016-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on January 17, 2017, at 9:30 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2016-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
Grant Continuance of Oral Argument ~ ORDERED that the appellees/cross-appellants' September 15, 2016 motion for continuance of oral argument is granted. Oral argument scheduled for November 29, 2016 is cancelled and will be rescheduled for a later date.
|
|
| Docket Date |
2016-09-15
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2016-08-24
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on November 29, 2016, at 9:30 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2016-07-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 7/21/16)
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2016-07-07
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2016-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellee's June 23, 2016 motion for extension of time is granted, and appellee shall serve the cross-reply brief on or before July 7, 2016. In addition, if the cross-reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the cross-reply 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 |
2016-06-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Cross-Reply Brief
|
| Description |
Motion Extension of Time To File Cross Reply Brief
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2016-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion To File Enlarged Brief
|
| Description |
Order Authorizing Longer Brief ~ *MOTION GRANTED IN PART* ORDERED that appellants' April 1, 2016 motion to file enlarged brief is granted in part. Appellants' reply/cross-answer brief shall not exceed fifty-five (55) pages, not more than 20 of which shall be devoted to argument replying to the answer portion of the appellees' answer/cross-initial brief.
|
|
| Docket Date |
2016-04-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2016-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 04/06/16 (REPLY/CROSS-ANSWER)
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2016-02-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2016-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellees' January 7, 2016 motion for extension of time is granted, and appellees shall serve the answer brief/cross-initial brief within thirty (30) days from the date of this order. In addition, appellees are notified that the failure to serve the brief within the time provided herein will foreclose appellees' right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. This is the final extension of time that will be permitted for this purpose.
|
|
| Docket Date |
2016-01-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2015-11-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 01/11/16
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2015-11-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that Richard Harvey Bergman, Esquire's October 29, 2015 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2015-10-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2015-09-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2015-09-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2015-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 11/10/15 (ANSWER/CROSS-INITIAL)
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2015-08-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 9/15/15)
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2015-08-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 9/10/15)
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2015-08-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2015-08-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2015-07-17
|
| 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 July 6, 2015 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 |
2015-07-06
|
| 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 |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2015-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 7/6/15
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2015-05-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PART EIGHT; VOLUMES 67 - 78
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2015-04-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PART SEVEN; VOLUMES 63 - 66
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2015-01-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
|
| Docket Date |
2015-01-16
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Richard Harvey Bergman 0160552
|
|
| Docket Date |
2015-01-07
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
|
| Docket Date |
2014-12-29
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Hinda Klein 0510815
|
|
| Docket Date |
2014-12-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ "AMENDED NOTICE OF CROSS APPEAL" CERT. COPY FILED 12/19/14
|
|
| Docket Date |
2015-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that the appellants' motion filed April 8, 2015, to supplement the record and for extension of time, is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemented material in this court within twenty (20) days from the date of this order. Appellants shall monitor the supplementation process. Further,ORDERED that the appellants shall serve the initial brief within thirty (30) days from receipt of the supplemental record.
|
|
| Docket Date |
2015-04-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2015-03-20
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ ROA HAS BEEN PREPARED AND MAILED TO COUNSEL CL Clerk Indian River CC05
|
|
| Docket Date |
2015-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SHADOWBROOK AT VERO, LLC
|
|
| Docket Date |
2015-01-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed January 26, 2015 for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended fifty (50) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-12-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on December 18, 2014. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(3)(b), Florida Statutes (2009) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2014-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ CERT. COPY FILED 12/18/14 (NO FEE)
|
|
| Docket Date |
2014-12-16
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Harrison T. Bergman have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-12-10
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Richard H. Bergman has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BY ATTY. HARRISON T. BERGMAN IS TREATED AS DUPLICATIVE
|
|
| Docket Date |
2014-12-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-12-09
|
| 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, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. 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. 4DCA 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 |
2014-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TRANSCAPITAL BANK,
|
|
| Docket Date |
2014-12-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
