Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502011CA010384
|
Parties
Name |
KMS RESTAURANT CORP.
|
Role |
Appellant
|
Status |
Active
|
Representations |
FREDERICK JOSEPH KEITEL
|
|
Name |
KLUGER PERETZ KAPLAN BERLIN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LEWIS, VEGOSEN, ROSENBACH
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SEARCY DENNEY SCAROLA BARNHART
|
Role |
Appellee
|
Status |
Active
|
Representations |
ROBERT M. WEINBERGER, Andrew J. Marchese, RICHARD B. BUSH
|
|
Name |
Dean J. Rosenbach
|
Role |
Appellee
|
Status |
Active
|
|
Name |
FRED C. COHEN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
COHEN NORRIS WOLMER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Steven Peretz
|
Role |
Appellee
|
Status |
Active
|
|
Name |
KATZMAN WASSERMAN BENNARDINI ET AL.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ROBERT M. WEINBERGER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Jack Scarola
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Craig A. Rubinstein
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Steven M. Katzman
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. THOMAS H. BARKDULL, I I I
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-08-18
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-08-18
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-07-27
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2017-06-12
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
KMS RESTAURANT CORP.
|
|
Docket Date |
2017-05-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's May 17, 2017 motion for extension of time to file a reply brief is granted, and appellant shall file the reply brief by June 12, 2017. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. However, the court notes that the motion for extension was filed after the reply brief was due, and the motion fails to state the grounds therefore or explain why it was untimely filed. Counsel is reminded that compliance with court deadlines is required, and further noncompliance may result in sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the 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 |
2017-05-17
|
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 |
KMS RESTAURANT CORP.
|
|
Docket Date |
2017-04-20
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee's Answer Brief ~ *TO ADD CERTIFICATE OF SERVICE AND CERTIFICATE OF COMPLIANCE*
|
On Behalf Of |
SEARCY DENNEY SCAROLA BARNHART
|
|
Docket Date |
2017-04-19
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ *AMENDED BRIEF TO ADD CERTIFICATE OF SERVICE AND CERTIFICATE OF COMPLIANCE FILED*
|
On Behalf Of |
SEARCY DENNEY SCAROLA BARNHART
|
|
Docket Date |
2017-04-18
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellees' March 20, 2017 motion to dismiss is denied. The record was filed on April 12, 2017.
|
|
Docket Date |
2017-04-12
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (985 PAGES)
|
|
Docket Date |
2017-04-12
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellant to File Response ~ ORDERED that appellant shall file a response, within seven (7) days from the date of this order, to appellees' March 20, 2017 motion to dismiss, and shall explain why the record on appeal has not been transmitted and shall advise this court as to the status of the preparation and transmission of the record.
|
|
Docket Date |
2017-03-20
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ AMENDED
|
On Behalf Of |
SEARCY DENNEY SCAROLA BARNHART
|
|
Docket Date |
2017-03-20
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO AMENDED MOTION TO DISMISS.
|
On Behalf Of |
SEARCY DENNEY SCAROLA BARNHART
|
|
Docket Date |
2017-03-17
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ **AMENDED MOTION FILED 3/20/17**
|
On Behalf Of |
SEARCY DENNEY SCAROLA BARNHART
|
|
Docket Date |
2017-01-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 45 DAYS TO 3/20/17.
|
On Behalf Of |
SEARCY DENNEY SCAROLA BARNHART
|
|
Docket Date |
2017-01-09
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
KMS RESTAURANT CORP.
|
|
Docket Date |
2016-12-01
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ ORDERED that the appellant's November 23, 2016 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
Docket Date |
2016-11-29
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION TO REINSTATE APPEAL
|
On Behalf Of |
SEARCY DENNEY SCAROLA BARNHART
|
|
Docket Date |
2016-11-23
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
KMS RESTAURANT CORP.
|
|
Docket Date |
2016-11-18
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
ORD-Amended Order ~ **REINSTATED 12/1/16**ORDERED that this court's November 17, 2016 order is amended as follows: ORDERED sua spone that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
Docket Date |
2016-11-18
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2016-11-17
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **AMENDED ORDER ISSUED 11/18/16** ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
Docket Date |
2016-11-17
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ **REINSTATED 12/1/16** **AMENDED ORDER ISSUED 11/18/16**
|
|
Docket Date |
2016-10-31
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-10-31
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
KMS RESTAURANT CORP.
|
|
Docket Date |
2016-10-31
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-10-31
|
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.
|
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2011-CA-010384
|
Parties
Name |
KMS RESTAURANT CORP.
|
Role |
Appellant
|
Status |
Active
|
Representations |
FREDERICK JOSEPH KEITEL
|
|
Name |
KLUGER PERETZ KAPLAN BERLIN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Dean J. Rosenbach
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Searcy, Denney, Scarola,
|
Role |
Appellee
|
Status |
Active
|
Representations |
ROBERT M. WEINBERGER, James Scott Telepman, Andrew J. Marchese, AUDRA M. BRYANT, RICHARD B. BUSH
|
|
Name |
Jack Scarola
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Steven M. Katzman
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LEWIS, VEGOSEN, ROSENBACH ET AL.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
COHEN, NORRIS, SCHERER, ET AL.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
KATZMAN WASSERMAN BENNARDINI ET AL.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Fred Clinton Cohen
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Craig A. Rubinstein
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ROBERT M. WEINBERGER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STEVEN PERETZ
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. THOMAS H. BARKDULL, I I I
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-03-10
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-03-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-02-16
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2016-11-03
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
Docket Date |
2016-08-15
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ (COHEN, NORRIS, etc.)
|
On Behalf Of |
Searcy, Denney, Scarola,
|
|
Docket Date |
2016-07-13
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ (SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, P.A. AND JOHN (JACK) SCAROLA, ESQ.)
|
On Behalf Of |
Searcy, Denney, Scarola,
|
|
Docket Date |
2016-07-13
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Searcy, Denney, Scarola,
|
|
Docket Date |
2016-07-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' June 28, 2016 motion for extension of time is granted, and appellees shall serve the answer brief on or before August 15, 2016. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2016-06-28
|
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 |
Searcy, Denney, Scarola,
|
|
Docket Date |
2016-06-24
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
|
On Behalf Of |
KMS RESTAURANT CORP.
|
|
Docket Date |
2016-06-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Searcy, Denney, Scarola,
|
|
Docket Date |
2016-06-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ ORDERED that the appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the table of contents does not list the issues for review and there is no table of citations. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
Docket Date |
2016-06-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ **BRIEF STRICKEN 6/14/16**
|
On Behalf Of |
KMS RESTAURANT CORP.
|
|
Docket Date |
2016-05-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ **NFE ABSENT DETAILED EXPLANATION** ORDERED that upon consideration of appellant's response filed April 4, 2016, this court's March 23, 2016 order to show cause is discharged; further, ORDERED that appellees' April 7, 2016 motion for sanctions is denied; further, Upon consideration of appellees' April 7, 2016 motion for sanctions and appellant's May 16, 2016 response, it is ORDERED that appellant's April 4, 2016 response is treated as a motion for extension of time and is granted. Appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case WILL be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
Docket Date |
2016-05-18
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing
|
On Behalf Of |
Searcy, Denney, Scarola,
|
|
Docket Date |
2016-05-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **SEE 5/25/16 ORDER**
|
On Behalf Of |
KMS RESTAURANT CORP.
|
|
Docket Date |
2016-05-04
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellees' April 7, 2016 motion for sanctions.
|
|
Docket Date |
2016-04-07
|
Type |
Motions Other
|
Subtype |
Motion for Sanctions
|
Description |
Motion for sanctions ~ *AND* REPLY TO RESPONSE
|
On Behalf Of |
Searcy, Denney, Scarola,
|
|
Docket Date |
2016-04-04
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **TREATED AS A MOTION FOR EOT - SEE 5/25/16 ORDER**
|
On Behalf Of |
KMS RESTAURANT CORP.
|
|
Docket Date |
2016-03-23
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **OTSC DISCHARGED 5/25/16** Upon consideration of appellees' March 21, 2016 motions to dismiss appeal, it isORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of the entry of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2016-03-21
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
Searcy, Denney, Scarola,
|
|
Docket Date |
2016-02-17
|
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 February 4, 2016 third 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 |
2016-02-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR EXT. OF TIME
|
On Behalf Of |
Searcy, Denney, Scarola,
|
|
Docket Date |
2016-02-04
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
KMS RESTAURANT CORP.
|
|
Docket Date |
2016-01-08
|
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 30, 2015 motion for second extension of time is granted, and appellant shall serve the initial brief on or before February 7, 2016. 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 |
2015-12-30
|
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 |
KMS RESTAURANT CORP.
|
|
Docket Date |
2015-12-11
|
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 unopposed December 6, 2015 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 8, 2016. 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 |
2015-12-06
|
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 |
KMS RESTAURANT CORP.
|
|
Docket Date |
2015-11-18
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ TWENTY (20) VOLUMES
|
|
Docket Date |
2015-10-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ **AMENDED**
|
On Behalf Of |
Searcy, Denney, Scarola,
|
|
Docket Date |
2015-10-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Searcy, Denney, Scarola,
|
|
Docket Date |
2015-10-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2015-10-05
|
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 |
2015-09-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-09-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
KMS RESTAURANT CORP.
|
|
|