IN THE SUPREME COURT OF FLORIDA CASE NO. SC10-59 L.T. CASE NUMBERS: 4D ; CA005626XXXXMD

Size: px
Start display at page:

Download "IN THE SUPREME COURT OF FLORIDA CASE NO. SC10-59 L.T. CASE NUMBERS: 4D ; CA005626XXXXMD"

Transcription

1 IN THE SUPREME COURT OF FLORIDA CASE NO. SC10-59 L.T. CASE NUMBERS: 4D ; CA005626XXXXMD ALAN I. KARTEN, TRUSTEE of the ALAN I. KARTEN TRUST U/A DTD 1/5/85 Appellant, vs. ROBERT I. WOLTIN and CARL KARMIN, Appellees. BRIEF ON JURISDICTION OF PETITIONER, ALAN I. KARTEN, TRUSTEE Law Office of Norman Malinski, P.A. Attorney for Petitioner 2875 Northeast 191 st Street Suite 508 Aventura, Florida Telephone: (305)

2 TABLE OF CONTENTS TABLE OF CONTENTS TABLE OF CASES i Page ii STATEMENT OF THE CASE AND FACTS 1 SUMMARY OF ARGUMENT 2 ISSUE PRESENTED FOR REVIEW 4 WHETHER THE FOURTH DISTRICT COURT OF APPEAL ERRED IN HOLDING THAT AN ACTION BY ONE SHAREHOLDER AGAINST THE ONLY OTHER TWO SHAREHOLDERS FOR BREACH OF FIDUCIARY DUTY MUST BE BROUGHT AS A SHAREHOLDERS DERIVATIVE ACTION ARGUMENT 5 CONCLUSION 10 CERTIFICATE OF SERVICE 11 CERTIFICATE OF COMPLIANCE 11 -i-

3 TABLE OF CASES Page Harrington v. Batchelor, 781 So.2d 1133 (Fla. 3d DCA 2001) 2,6,7 Wolfe v. American Savings and Loan Association of Florida, 539 So.2d 606 (Fla. 3d DCA 1989) 7 Tooley v. Donaldson, Lufkin & Janrette Inc. 845 A.2d 1031 (Del. 2004) -ii-

4 STATEMENT OF THE CASE AND FACTS The Petitioner herein, ALAN I. KARTEN, TRUSTEE, (hereinafter, KARTEN) filed a lawsuit against the Defendants WOLTIN and KARMIN in the Palm Beach County Circuit Court. That action asserted a breach of fiduciary duty by WOLTIN and KARMIN in diverting assets of a restaurant in which KARTEN was a 25% shareholder and WOLTIN and KARMIN owned 50% and 25% of the stock, respectively. These three people were the only shareholders of 201 East Atlantic, Inc., a closely held corporation. The Palm Beach County Circuit Court granted Summary Judgment against KARTEN, holding that this lawsuit was required to be brought as a shareholder s derivative action. The Fourth District Court of Appeal of Florida rendered its opinion on December 9, 2009 which affirmed the decision of the Palm Beach County Circuit Court. Review has been sought in this Court of the decision of the Fourth District Court of Appeal, in that same conflicts with the decisions of the Third District Court of Appeal

5 SUMMARY OF ARGUMENT KARTEN, alleged in his Palm Beach County Circuit Court Complaint that the only two other shareholders of the corporation, 201 East Atlantic, Inc., had diverted products and services from 201 East Atlantic, Inc. to other entities in which they held an interest and KARTEN, did not hold any interest. KARTEN alleged that he was the only party injured by the actions of WOLTIN and KARMIN. Simply on the pleadings, KARTEN alleged a breach of fiduciary duty and an injury only to himself by the only two other shareholders of the corporation. These pleadings, were disregarded by the conclusory determination of the Fourth District Court of Appeal that such an injury belonged to the corporation and not to KARTEN, personally. As such, the conclusion of the Fourth District Court of Appeal directly conflicts with the decisions in Harrington v. Batchelor, 781 So.2d - 2 -

6 1133 (Fla. 3d DCA 2001) and its predecessors. KARTEN, alleged a special duty, that is, a fiduciary duty, flowing from both WOLTIN and KARMIN to him and a breach of that duty which resulted in an economic loss to him. This Court should clarify the conflict between these Districts in holding that the assertion of a unique damage by an individual shareholder of a closely-held corporation does not have to be brought as a shareholder derivative action

7 ISSUE PRESENTED FOR REVIEW WHETHER THE FOURTH DISTRICT COURT OF APPEAL ERRED IN HOLDING THAT AN ACTION BY ONE SHAREHOLDER AGAINST THE ONLY OTHER TWO SHAREHOLDERS FOR BREACH OF FIDUCIARY DUTY MUST BE BROUGHT AS A SHAREHOLDERS DERIVATIVE ACTION - 4 -

8 ARGUMENT WHETHER THE FOURTH DISTRICT COURT OF APPEAL ERRED IN HOLDING THAT AN ACTION BY ONE SHAREHOLDER AGAINST THE ONLY OTHER TWO SHAREHOLDERS FOR BREACH OF FIDUCIARY DUTY MUST BE BROUGHT AS A SHAREHOLDERS DERIVATIVE ACTION KARTEN, was a 25% shareholder in a Florida Corporation known as 201 East Atlantic, Inc. There were two other shareholders in this company, ROBERT I. WOLTIN, holding 50% and CARL KARMEN, holding the final 25%. The restaurant did business in Delray Beach, Florida under the name Louie-Louie Too. At some point in 1999, WOLTIN and KARMEN, opened a competing restaurant in the same area and began to systematically divert goods and personnel from Louie-Louie Too to the competing restaurant. KARTEN had no interest in this competing operation

9 KARTEN sued WOLTIN and KARMEN for breach of fiduciary duty, asserting that the actions of WOLTIN and KARMEN had damaged him, and only him, in relation to the joint ownership and value of 201 East Atlantic, Inc. The trial court in Palm Beach County granted summary judgment against KARTEN, asserting that such a claim could only be brought as a shareholder s derivative action. The Fourth District Court of Appeal concluded, solely on the basis of the pleadings, that the action by KARTEN was not based on an injury unique to him but was based on a claim owned by the corporation and, therefore, KARTEN was limited to bring a shareholders derivative action for his asserted injuries. This conclusion conflicts with the law enunciated in the Third District Court of Appeal and also conflicts with the general trend of courts in the United States, including the Courts of Florida, to follow the Courts of Delaware in these particular issues. Harrington v. Batchelor, 781 So.2d 1133 (Fla. 3d DCA 2001) (although it - 6 -

10 began as a breach of contract action by a shareholder) set out, clearly, when a shareholder may sue directly: There are two major, often overlapping, exceptions to the general rule that a shareholder cannot sue for injuries to his corporation: (1) where there is a special duty, such as a contractual duty, between the wrongdoers and the shareholder, and (2) where the shareholder suffered an injury separate and distinct from that suffered by other shareholders. Harrington, at The special duty asserted by KARTEN against WOLTIN and KARMEN is the fiduciary duty which is alleged to have been breached. Particularly with respect to the assertion of the breach of fiduciary duty, Wolfe v. American Savings and Loan Association of Florida, 539 So.2d 606 (Fla. 3d DCA 1989) deems such an action to be a direct action brought in a shareholders own right to address an injury sustained directly by him. That is precisely what KARTEN sought to do in his Complaint

11 The Delaware Supreme Court has announced a simplified standard to determine if a claim is a derivative claim or a direct claim. In making this determination, a court should ask itself two questions: (1) who suffered the alleged harm (the corporation or the suing stockholders, inidividually); and (2) who would receive the benefit of any recovery or other remedy (the corporation or the stockholders, individually)? Discussing the first prong of this standard, the court approvingly referred to the test promulgated by the American Law Institute ( ALI ), which states: A direct action may be brought in the name and right of a holder to redress an injury sustained by, or enforce a duty owned to, the holder, an action in which the holder can prevail without showing an injury or breach of duty to the corporation should be treated as a direct action that may be maintained by the holder in an individual capacity 2 American Law Institute, Principles of Corporate Governance: Analysis and Recommendations Sec. 7.01(b) (1994) This determination by the Delaware Supreme Court is straightforward, will - 8 -

12 resolve the conflict between the opinion of the Fourth District Court of Appeal and harmenize the lower Courts of Florida in determination the difference between shareholder derivative actions and shareholder direct actions

13 CONCLUSION This Court should accept jurisdiction of this Petition for the purposes of resolving the conflict between the Fourth District Court of Appeal in the Opinion rendered in this matter on December 9, 2009 and the existing opinions of the Third District Court of Appeal of Florida

14 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was mailed this 1 st day of February, 2010, to: James K. Pedley, Esquire, 727 N.W. 3 rd Avenue, Suite 301, Fort Lauderdale, Florida CERTIFICATE OF COMPLIANCE LAW OFFICES OF NORMAN MALINSKI, P.A Northeast 191 st Street, Suite 508 Aventura, Florida Telephone: (305) Facsimile: (305) By: /s/ Norman Malinski Florida Bar ID# The undersigned hereby certifies that this Brief has been computer generated using the size and style of type using 14-Point Times New Roman, in compliance with Florida Rules of Supreme Court Appellate Procedure /s/ Norman Malinski

15

IN THE SUPREME COURT OF FLORIDA CASE NO. SC HARVEY JAY WEINBERG and KENNETH ALAN WEINBERG,

IN THE SUPREME COURT OF FLORIDA CASE NO. SC HARVEY JAY WEINBERG and KENNETH ALAN WEINBERG, IN THE SUPREME COURT OF FLORIDA CASE NO. SC 06-1941 BETTY WEINBERG, v. Petitioner, HARVEY JAY WEINBERG and KENNETH ALAN WEINBERG, Respondents. On Petition For Discretionary Review Of A Decision Of The

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT FRANK J. STRAZZULLA, individually, CHERI D. STRAZZULLA, individually, and FRANK J. STRAZZULLA, as Custodian for AUSTIN J. and FRANCESCA

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed May 17, 2017. Not final until disposition of timely filed motion for rehearing. Nos. 3D16-479 and 3D16-2229 Lower Tribunal Nos. 13-33823 and

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC L. T. CASE NO.: 4D

IN THE SUPREME COURT OF FLORIDA CASE NO. SC L. T. CASE NO.: 4D IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1644 L. T. CASE NO.: 4D04-1970 SANDRA H. LAND, vs. Petitioner, GENERAL MOTORS CORPORATION, Respondent. / JURISDICTIONAL BRIEF OF PETITIONER Rebecca J. Covey,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC ALVIN LEWIS, Petitioner. vs. STATE OF FLORIDA, Respondents. PETITIONER'S BRIEF ON JURISDICTION

IN THE SUPREME COURT OF FLORIDA CASE NO. SC ALVIN LEWIS, Petitioner. vs. STATE OF FLORIDA, Respondents. PETITIONER'S BRIEF ON JURISDICTION IN THE SUPREME COURT OF FLORIDA CASE NO. SC05-1605 ALVIN LEWIS, Petitioner vs. STATE OF FLORIDA, Respondents. PETITIONER'S BRIEF ON JURISDICTION Seeking Discretionary Review from the District Court of

More information

IN THE SUPREME COURT OF FLORIDA CASE NUMBER SC Lower Court Case Number 4D

IN THE SUPREME COURT OF FLORIDA CASE NUMBER SC Lower Court Case Number 4D IN THE SUPREME COURT OF FLORIDA CASE NUMBER SC06-2110 Lower Court Case Number 4D05-4560 EDWARD SEGAL, Petitioner, vs. BROWARD COUNTY, FLORIDA, Respondent. BROWARD COUNTY S ANSWER BRIEF ON JURISDICTION

More information

THE SUPREME COURT OF FLORIDA. CASE NO. SC06-50 L.T. Case No. 4D

THE SUPREME COURT OF FLORIDA. CASE NO. SC06-50 L.T. Case No. 4D THE SUPREME COURT OF FLORIDA CASE NO. SC06-50 L.T. Case No. 4D04-3583 SALVATORE RAFFONE, Petitioner, vs. CITY OF FORT LAUDERDALE, Respondent. / JURISDICTIONAL BRIEF OF RESPONDENT CITY OF FORT LAUDERDALE

More information

IN THE SUPREME COURT OF FLORIDA. Supreme Court Case No. SC BOCA INVESTORS GROUP, INC., Petitioner, IRWIN POTASH, ET AL., Respondents.

IN THE SUPREME COURT OF FLORIDA. Supreme Court Case No. SC BOCA INVESTORS GROUP, INC., Petitioner, IRWIN POTASH, ET AL., Respondents. IN THE SUPREME COURT OF FLORIDA Supreme Court Case No. SC03-351 BOCA INVESTORS GROUP, INC., Petitioner, v. IRWIN POTASH, ET AL., Respondents. On Discretionary Conflict Review of a Decision of the Third

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC12- DEMARIOUS CALDWELL, Petitioner, - versus - STATE OF FLORIDA, Respondent. ON APPEAL FROM THE FOURTH DISTRICT COURT OF APPEAL CASE NO. 4D10-3345 RESPONDENT

More information

IN THE SUPREME COURT OF FLORIDA CASE NO: SC04- EDNA DE LA PENA, Petitioner, vs. SUNSHINE BOUQUET COMPANY and HORTICA, Respondents.

IN THE SUPREME COURT OF FLORIDA CASE NO: SC04- EDNA DE LA PENA, Petitioner, vs. SUNSHINE BOUQUET COMPANY and HORTICA, Respondents. IN THE SUPREME COURT OF FLORIDA CASE NO: SC04- EDNA DE LA PENA, Petitioner, vs. SUNSHINE BOUQUET COMPANY and HORTICA, Respondents. PETITIONER S BRIEF ON JURISDICTION Richard Zaldivar, Esquire Jay M. Levy,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC FOREST RIVER, INC. Petitioner/Defendant, vs. JOSEPH GELINAS, Respondent/Plaintiff.

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC FOREST RIVER, INC. Petitioner/Defendant, vs. JOSEPH GELINAS, Respondent/Plaintiff. IN THE SUPREME COURT OF FLORIDA CASE NO.: SC 06-1654 FOREST RIVER, INC. Petitioner/Defendant, vs. JOSEPH GELINAS, Respondent/Plaintiff. ON REVIEW FROM THE FOURTH DISTRICT COURT OF APPEAL WEST PALM BEACH,

More information

IN THE SUPREME COURT OF APPEAL OF FLORIDA

IN THE SUPREME COURT OF APPEAL OF FLORIDA Filing # 9951877 Electronically Filed 02/05/2014 04:38:43 PM RECEIVED, 2/5/2014 16:43:37, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF APPEAL OF FLORIDA CASE NO.: SC13-1080 L.T. NO.:

More information

JURISDICTIONAL BRIEF OF RESPONDENTS

JURISDICTIONAL BRIEF OF RESPONDENTS HERB PHILLIPS, an individual, ) and STRIKER YACHT CORP., a ) New York corporation authorized ) and doing business in Florida, ) ) Petitioners, ) ) v. ) ) EDWARD ENNIS, JR., an ) individual; GEORGE PURVIS,

More information

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN RE SYNCOR INTERNATIONAL ) CORPORATION SHAREHOLDERS ) Consolidated LITIGATION ) C.A. No. 20026 OPINION AND ORDER Submitted:

More information

SUPREME COURT OF FLORIDA. Case No. SC

SUPREME COURT OF FLORIDA. Case No. SC SUPREME COURT OF FLORIDA Case No. SC05-1586 BRUCE BERNSTEIN, Petitioner, vs. HARVEY GOLDMAN, Respondent, PETITIONER'S BRIEF ON JURISDICTION Petition to Review Decision of the Fourth District Court of Appeal

More information

IN THE SUPREME COURT OF FLORIDA. CASE NO.: SC Lower Tribunal Nos.: 5D CA W HOWARD BROWNING, Petitioner, vs. LYNN ANNE POIRIER,

IN THE SUPREME COURT OF FLORIDA. CASE NO.: SC Lower Tribunal Nos.: 5D CA W HOWARD BROWNING, Petitioner, vs. LYNN ANNE POIRIER, Filing # 18199903 Electronically Filed 09/12/2014 10:17:38 PM RECEIVED, 9/12/2014 22:18:53, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO.: SC13-2416 Lower Tribunal Nos.:

More information

IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT

IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT IN THE DISTRICT COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation, authorized to do business in Florida, Appellant, v. CASE NO. SC04-351 GREGG A.

More information

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA RECEIVED, 12/21/2016 10:21 AM, Mary Cay Blanks, Third District Court of Appeal SOLO AERO CORP., a Florida corporation, vs. Petitioner, AMERICA-CV

More information

APPELLEE'S ANSWER BRIEF ON JURISDICTION

APPELLEE'S ANSWER BRIEF ON JURISDICTION SUPREME COURT OF FLORIDA CASE NO. SC12-1848 3DCA CASE NO. 3D10-3009 YOLANDA CARMEN FERRARA, Appellant, vs. EDSON CARLOS DE CAMPOS, Appellee. APPELLEE'S ANSWER BRIEF ON JURISDICTION NANCY A. HASS, ESQUIRE

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. Court of Appeal s Case No.: 4D JAN KRZYNOWEK, Petitioner, -vs- TZVI SCHACHTER

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. Court of Appeal s Case No.: 4D JAN KRZYNOWEK, Petitioner, -vs- TZVI SCHACHTER IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. Court of Appeal s Case No.: 4D06-2266 JAN KRZYNOWEK, Petitioner, -vs- TZVI SCHACHTER Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTH

More information

Case 1:16-cv RNS Document 57 Entered on FLSD Docket 02/15/2017 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case 1:16-cv RNS Document 57 Entered on FLSD Docket 02/15/2017 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case 1:16-cv-21221-RNS Document 57 Entered on FLSD Docket 02/15/2017 Page 1 of 12 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA ANTHONY R. EDWARDS, et al., Plaintiffs, CASE NO. 16-21221-Civ-Scola

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC IN RE: THE ESTATE OF MARY T. OSCEOLA, Petitioners, vs. PETTIES OSCEOLA, SR.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC IN RE: THE ESTATE OF MARY T. OSCEOLA, Petitioners, vs. PETTIES OSCEOLA, SR. IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-4059 IN RE: THE ESTATE OF MARY T. OSCEOLA, Petitioners, vs. PETTIES OSCEOLA, SR., Respondent APPEAL FROM THE DISTRICT COURT OF APPEAL OF FLORIDA, THIRD DISTRICT

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC LOWER COURT NO.: 4D JACK LIEBMAN. Petitioner. vs.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC LOWER COURT NO.: 4D JACK LIEBMAN. Petitioner. vs. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: SC03-1896 LOWER COURT NO.: 4D00-2883 JACK LIEBMAN Petitioner vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION CHARLES J. CRIST,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Appellants/Petitioners, ) LOWER COURT CASE NO. APPELLANT S BRIEF

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Appellants/Petitioners, ) LOWER COURT CASE NO. APPELLANT S BRIEF IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO.: E. PATRICK LARKINS, et al, ) Appellants/Petitioners, ) LOWER COURT CASE NO. vs. ) 4D03-2275 M. ROSS SHULMISTER, as Chairman of, ) 4 TH DCA and on

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. ELIAS AND DAHLIA MORALES, Appellants, Case No.: SC DCA Case No.: 5D vs.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. ELIAS AND DAHLIA MORALES, Appellants, Case No.: SC DCA Case No.: 5D vs. IN THE SUPREME COURT OF THE STATE OF FLORIDA ELIAS AND DAHLIA MORALES, Appellants, Case No.: SC06-1322 DCA Case No.: 5D05-4925 vs. LETICIA J. MARQUES, Appellee. / APPEAL FROM THE FIFTH DISTRICT COURT OF

More information

IN THE SUPREME COURT OF FLORIDA PETITIONER S INITIAL BRIEF ON THE MERITS

IN THE SUPREME COURT OF FLORIDA PETITIONER S INITIAL BRIEF ON THE MERITS IN THE SUPREME COURT OF FLORIDA ROBERT T. MOSHER, CASE NO.: SC00-1263 Lower Tribunal No.: 4D99-1067 Petitioner, v. STEPHEN J. ANDERSON, Respondent. / PETITIONER S INITIAL BRIEF ON THE MERITS John T. Mulhall

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA Case Number: SC RESPONDENT S JURISDICTIONAL BRIEF

IN THE SUPREME COURT OF THE STATE OF FLORIDA Case Number: SC RESPONDENT S JURISDICTIONAL BRIEF IN THE SUPREME COURT OF THE STATE OF FLORIDA Case Number: SC09-1722 Westgate Tabernacle Petitioners, vs. 4 th DCA CASE No. 4D07-3792 PALM BEACH COUNTY, Respondent. RESPONDENT S JURISDICTIONAL BRIEF Robert

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA Case No. 4D Florida Bar No

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA Case No. 4D Florida Bar No DAVION MCKEITHAN, a minor, by and through his parent and next best friend, DELORES MCKEITHAN and DELORES MCKEITHAN, individually, IN THE SUPREME COURT OF FLORIDA CASE NO. SC04-1876 DCA Case No. 4D03-2154

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC CHRISTINE BAUER and THOMAS BAUER, Petitioners, ONE WEST BANK, FSB, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC CHRISTINE BAUER and THOMAS BAUER, Petitioners, ONE WEST BANK, FSB, Respondent. Filing # 17071819 Electronically Filed 08/13/2014 05:11:43 PM RECEIVED, 8/13/2014 17:13:41, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC14-1575 CHRISTINE BAUER and

More information

IN THE SUPREME COURT OF FLORIDA (Before a Referee) v. The Florida Bar File No ,571(15F) ROBERT BRIAN BAKER, REPORT OF REFEREE

IN THE SUPREME COURT OF FLORIDA (Before a Referee) v. The Florida Bar File No ,571(15F) ROBERT BRIAN BAKER, REPORT OF REFEREE IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR, Complainant, Supreme Court Case No. SC06-2028 v. The Florida Bar File No. 2005-51,571(15F) ROBERT BRIAN BAKER, Respondent. / REPORT OF

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC 07-1021 CLEO LECROY, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION BILL MCCOLLUM Attorney General Tallahassee,

More information

IN THE SUPREME COURT THE STATE OF FLORIDA CASE NO. SC DCA CASE NO. 3D DOCTOR DIABETIC SUPPLY, INC., Appellant / Petitioner,

IN THE SUPREME COURT THE STATE OF FLORIDA CASE NO. SC DCA CASE NO. 3D DOCTOR DIABETIC SUPPLY, INC., Appellant / Petitioner, IN THE SUPREME COURT THE STATE OF FLORIDA CASE NO. SC10-1922 3DCA CASE NO. 3D09-1475 DOCTOR DIABETIC SUPPLY, INC., Appellant / Petitioner, v. POAP CORP. d/b/a EXCHANGE PLACE, Appellee / Respondent. PETITIONER

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner, vs.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner, vs. IN THE SUPREME COURT OF FLORIDA CASE NO. SC 00-2346 PALM BEACH COUNTY CANVASSING BOARD, Petitioner, vs. KATHERINE HARRIS, as Secretary of State, State of Florida, and ROBERT A. BUTTERWORTH, as Attorney

More information

SUPREME COURT OF FLORIDA. Case No. SC04- L.T. Case No. 3D CITY OF MIAMI. Petitioner. vs. SIDNEY S. WELLMAN, ET AL.

SUPREME COURT OF FLORIDA. Case No. SC04- L.T. Case No. 3D CITY OF MIAMI. Petitioner. vs. SIDNEY S. WELLMAN, ET AL. SUPREME COURT OF FLORIDA Case No. SC04- L.T. Case No. 3D01-3050 CITY OF MIAMI Petitioner vs. SIDNEY S. WELLMAN, ET AL. Respondents RESPONDENTS ANSWER BRIEF TO PETITIONER S BRIEF ON JURISDICTION ON DISCRETIONARY

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC IN THE SUPREME COURT OF FLORIDA CASE NO.: SC07-1672 PETER SPOREA, ET AL., Petitioners, vs. CITY OF POMPANO BEACH, FLORIDA, Respondent. RESPONDENT S AMENDED ANSWER BRIEF ON JURISDICTION On Appeal from the

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC LOWER TRIBUNAL CASE NO.: 4D

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC LOWER TRIBUNAL CASE NO.: 4D IN THE SUPREME COURT OF FLORIDA CASE NO.: SC06-2349 LOWER TRIBUNAL CASE NO.: 4D05-3911 THOMAS D. LARDIN, P.A., a Florida Professional Association and THOMAS D. LARDIN, ESQUIRE, Defendant/Petitioners, v.

More information

IN THE SUPREME COURT OF FLORIDA. vs. L.T. NO.: 3D ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM THE THIRD DISTRICT COURT OF APPEAL

IN THE SUPREME COURT OF FLORIDA. vs. L.T. NO.: 3D ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM THE THIRD DISTRICT COURT OF APPEAL IN THE SUPREME COURT OF FLORIDA CATHERINE RIGGINS Petitioner, CASE NO.: SC06-205 vs. L.T. NO.: 3D04-2620 AMERICAN EXPRESS CENTURION BANK, Respondent. / ON NOTICE TO INVOKE DISCRETIONARY JURISDICTION FROM

More information

IN THE SUPREME COURT OF FLORIDA. Petitioner, S.C. Case No. SC DCA Case No. 3D v. L.T. Case No. 08-CA-45992

IN THE SUPREME COURT OF FLORIDA. Petitioner, S.C. Case No. SC DCA Case No. 3D v. L.T. Case No. 08-CA-45992 IN THE SUPREME COURT OF FLORIDA ANGELO KYRELIS, Petitioner, S.C. Case No. SC12-642 DCA Case No. 3D11-1730 v. L.T. Case No. 08-CA-45992 ONEWEST BANK, FSB (SUBSTITUTED PARTY FOR FORMER PLAINTIFF INDYMAC

More information

SUPREME COURT OF FLORIDA SUPREME COURT CASE NO. SC DISTRICT COURT CASE NO. 3D L.T. CASE NO

SUPREME COURT OF FLORIDA SUPREME COURT CASE NO. SC DISTRICT COURT CASE NO. 3D L.T. CASE NO SUPREME COURT OF FLORIDA SUPREME COURT CASE NO. SC10-2453 DISTRICT COURT CASE NO. 3D 09-161 L.T. CASE NO. 05-15300 BARBARA J. TUCKER, Petitioner, vs. LPP MORTGAGE LTD., f/k/a LOAN PARTICIPANT PARTNERS,

More information

IN THE SUPREME COURT OF FLORIDA BRIEF ON JURISDICTION OF RESPONDENT, EDWARD A. SCHILLING

IN THE SUPREME COURT OF FLORIDA BRIEF ON JURISDICTION OF RESPONDENT, EDWARD A. SCHILLING IN THE SUPREME COURT OF FLORIDA MARIA HERRERA, Petitioner, Case No.: SC07-839 v. EDWARD A. SCHILLING Respondent. BRIEF ON JURISDICTION OF RESPONDENT, EDWARD A. SCHILLING On Discretionary Review from the

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA SC CASE NO. SC DCA CASE NO.4D LT. NO CFA02 SHARA N. COOPER, Petitioner, vs.

IN THE SUPREME COURT OF THE STATE OF FLORIDA SC CASE NO. SC DCA CASE NO.4D LT. NO CFA02 SHARA N. COOPER, Petitioner, vs. IN THE SUPREME COURT OF THE STATE OF FLORIDA SC CASE NO. SC10-2361 DCA CASE NO.4D08-1375 LT. NO. 06-4008CFA02 SHARA N. COOPER, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION

More information

Henry Diaz, SC Case No.: SC Petitioner, DCA Case No.: 1D

Henry Diaz, SC Case No.: SC Petitioner, DCA Case No.: 1D Filing # 19137014 Electronically Filed 10/08/2014 11:08:31 AM RECEIVED, 10/8/2014 11:14:14, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA Henry Diaz, SC Case No.: SC14-1916 vs.

More information

IN THE SUPREME COURT OF FLORIDA. CONSTRUCTION INC., a Florida corporation, L.T. No. 4D07-391

IN THE SUPREME COURT OF FLORIDA. CONSTRUCTION INC., a Florida corporation, L.T. No. 4D07-391 IN THE SUPREME COURT OF FLORIDA PADULA & WADSWORTH CASE NO. SC08-1558 CONSTRUCTION INC., a Florida corporation, L.T. No. 4D07-391 Petitioner, v. PORT-A-WELD, INC., a Florida corporation, Respondent. ON

More information

RESPONDENT S ANSWER BRIEF

RESPONDENT S ANSWER BRIEF SUPREME COURT OF FLORIDA CASE NO. SC03-1365 Lower Tribunal No.: 4D02-4510 RESPONDENT S ANSWER BRIEF GARY A. BARCUS Appellant/Petitioner vs. GROVE AT GRAND PALMS HOMEOWNERS ASSOCIATION, INC., Appellee/Respondent

More information

RESPONDENT S AMENDED ANSWER BRIEF TO PETITIONER S JURISDICTIONAL BRIEF FOR DISCRETIONARY REVIEW

RESPONDENT S AMENDED ANSWER BRIEF TO PETITIONER S JURISDICTIONAL BRIEF FOR DISCRETIONARY REVIEW IN THE SUPREME COURT OF FLORIDA CASE NO. SC09-2312 Court of Appeal Case No. 3D09-821 District Court Case No. 08-72076 ELIEZIER LEAL AND CLARA LEON, v. Petitioners, DEUTSCHE BANK NATIONAL TRUST COMPANY,

More information

IN THE SUPREME COURT STATE OF FLORIDA LAURA RUIMY, Appellant/Plaintiff/Petitioner, vs. FLOR N. BEAL, ALEX RENE BIAL a/k/a ALEX RENE BEAL,

IN THE SUPREME COURT STATE OF FLORIDA LAURA RUIMY, Appellant/Plaintiff/Petitioner, vs. FLOR N. BEAL, ALEX RENE BIAL a/k/a ALEX RENE BEAL, IN THE SUPREME COURT STATE OF FLORIDA LAURA RUIMY, Appellant/Plaintiff/Petitioner, vs. FLOR N. BEAL, ALEX RENE BIAL a/k/a ALEX RENE BEAL, Appellee/Defendant/Respondent. SUPREME COURT CASE NO.: 09-428 3

More information

IN THE SUPREME COURT OF FLORIDA APPEAL FROM THE THIRD DISTRICT COURT OF APPEALS PETITIONER S JURISDICTIONAL BRIEF

IN THE SUPREME COURT OF FLORIDA APPEAL FROM THE THIRD DISTRICT COURT OF APPEALS PETITIONER S JURISDICTIONAL BRIEF IN THE SUPREME COURT OF FLORIDA CORAL BAY SECTION C HOMEOWNERS ASSOCIATION, Petitioner. Case No.: 3D07-2315 MIAMI-DADE COUNTY Respondent Lower Tribunal Case No.: 2007-5354-CA-01 APPEAL FROM THE THIRD DISTRICT

More information

IN THE SUPREME COURT STATE OF FLORIDA. CASE NO.: SC FOURTH DCA CASE NO.: 4D L.T. No.: (27)

IN THE SUPREME COURT STATE OF FLORIDA. CASE NO.: SC FOURTH DCA CASE NO.: 4D L.T. No.: (27) IN THE SUPREME COURT STATE OF FLORIDA CASE NO.: SC08-1689 FOURTH DCA CASE NO.: 4D07-1153 L.T. No.: 0120551 (27) ANNA JANE JOHNSON, individually and as Personal Representative of the Estate of Gene Johnson,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner,

IN THE SUPREME COURT OF FLORIDA CASE NO.SC PALM BEACH COUNTY CANVASSING BOARD, Petitioner, IN THE SUPREME COURT OF FLORIDA CASE NO.SC00-2346 PALM BEACH COUNTY CANVASSING BOARD, Petitioner, v. KATHERINE HARRIS, as Secretary of State of the State of Florida, and ROBERT A. BUTTERWORTH, as Attorney

More information

IN THE SUPREME COURT OF FLORIDA. RED REEF, INC 4 th DCA Case Number: 4DO D L.T. Case No.: CL (AF) Plaintiff/Petitioner

IN THE SUPREME COURT OF FLORIDA. RED REEF, INC 4 th DCA Case Number: 4DO D L.T. Case No.: CL (AF) Plaintiff/Petitioner IN THE SUPREME COURT OF FLORIDA Case No.: SC 06-809 RED REEF, INC 4 th DCA Case Number: 4DO4-194 4D04-013 L.T. Case No.: CL 00-5104(AF) Plaintiff/Petitioner vs. ERNEST WILLIS and SUNDAY WILLIS Defendants/Respondents

More information

IN THE SUPREME COURT STATE OF FLORIDA. Case No.: SC MARTIN LUTHER KING, Petitioner, vs. KING MOTOR COMPANY OF FORT LAUDERDALE, Respondent.

IN THE SUPREME COURT STATE OF FLORIDA. Case No.: SC MARTIN LUTHER KING, Petitioner, vs. KING MOTOR COMPANY OF FORT LAUDERDALE, Respondent. IN THE SUPREME COURT STATE OF FLORIDA Case No.: SC05-1048 MARTIN LUTHER KING, Petitioner, vs. KING MOTOR COMPANY OF FORT LAUDERDALE, Respondent. PETITIONER S BRIEF ON JURISDICTION ON DISCRETIONARY REVIEW

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC FIRST DISTRICT CASE NO. 1D L.T. CASE NO CA WENDY HABEGGER, Petitioner, vs.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC FIRST DISTRICT CASE NO. 1D L.T. CASE NO CA WENDY HABEGGER, Petitioner, vs. Filing # 11759404 Electronically Filed 03/26/2014 10:24:29 AM RECEIVED, 3/26/2014 10:28:40, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC13-2506 FIRST DISTRICT CASE

More information

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC L.T. No. DO LAKELAND REGIONAL MEDICAL CENTER, INC., Petitioner,

IN THE SUPREME COURT OF FLORIDA. CASE NO. SC L.T. No. DO LAKELAND REGIONAL MEDICAL CENTER, INC., Petitioner, IN THE SUPREME COURT OF FLORIDA CASE NO. SC06-189 L.T. No. DO4-5585 LAKELAND REGIONAL MEDICAL CENTER, INC., Petitioner, v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION; WINTER HAVEN HOSPITAL,

More information

SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC

SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, SHERIFF, ESCAMBIA COUNTY FLORIDA, Respondent. CASE NO. SC Electronically Filed 08/26/2013 04:20:02 PM ET RECEIVED, 8/26/2013 16:23:40, Thomas D. Hall, Clerk, Supreme Court SUPREME COURT OF FLORIDA JAMES LEVOY WATERS, Petitioner, v. SHERIFF, ESCAMBIA COUNTY FLORIDA,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT,

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC: 4 th DCA CASE NO: 4D STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT, IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC: 4 th DCA CASE NO: 4D04-4825 STATE OF FLORIDA, Petitioner, vs. SALVATORE BENNETT, Respondent. PETITIONER'S BRIEF ON JURISDICTION CHARLES J. CRIST,

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CASE NO.: SC07-1027 (Florida Fifth District Court of Appeals Case No. 5D05-2755) (Circuit Court, 7 th Judicial Circuit, Volusia County, Florida; Case No. 2001-30503-CICI)

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D VINCENT MARGIOTTI. Petitioner, -vs- STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D VINCENT MARGIOTTI. Petitioner, -vs- STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC03-2290 DCA CASE NO. 3D02-2862 VINCENT MARGIOTTI Petitioner, -vs- STATE OF FLORIDA, Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT OF

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2010 KPMG LLP, Appellant, v. ROBERT COCCHI, PENNY ELLEN FROMM, PEF ASSOCIATES, INC., BRIAN GAINES, JOHN JOHNSON, DR. DAVID SCHWARTZWALD,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TYRA WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC TYRA WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC 12-655 TYRA WILLIAMS, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION PAMELA JO BONDI Attorney General Tallahassee,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC JOSE VALDES and JUANA VALDES, his wife, Petitioners, vs.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC JOSE VALDES and JUANA VALDES, his wife, Petitioners, vs. IN THE SUPREME COURT OF FLORIDA CASE NO. SC06-971 JOSE VALDES and JUANA VALDES, his wife, Petitioners, vs. GAB ROBINS NORTH AMERICA, INC., SOUTHERN UNDERWRITERS, INC., CAPITAL ASSURANCE SERVICES, INC.,

More information

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Harrell Altizer, Luther Brown, Partricia

More information

THE SUPREME COURT OF FLORIDA. v. Case No.: SC L.T. No.: 1D /3350

THE SUPREME COURT OF FLORIDA. v. Case No.: SC L.T. No.: 1D /3350 GRACE ERIS and KAY C. HOWERTON, Appellants/Petitioners, THE SUPREME COURT OF FLORIDA v. Case No.: SC04-2370 L.T. No.: 1D02-0202/3350 DANNY ATKINS and JAN (consolidated) WALKER, Appellees/Respondents. ON

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC92695 PEREZ-ABREU, ZAMORA & DE LA FE, P.A. and ENRIQUE ZAMORA, Petitioners, vs. MANUEL E. TARACIDO, MEDICAL CENTERS OF AMERICA, INC., MEDICAL CENTERS OF AMERICA AT SOUTH

More information

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent.

CASE NO. SC L.T. CASE NO. 4D IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, STATE OF FLORIDA, Respondent. CASE NO. SC05-1987 L.T. CASE NO. 4D05-1129 ========================================================== IN THE SUPREME COURT OF FLORIDA CATHERINE STANEK-COUSINS, Petitioner, v. STATE OF FLORIDA, Respondent.

More information

IN THE SUPREME OF FLORIDA RESPONDENT S ANSWER BRIEF ON JURISDICTION ON DISCRETIONARY REVIEW FROM A DECISION OF THE FOURTH DISTRICT COURT OF APPEAL

IN THE SUPREME OF FLORIDA RESPONDENT S ANSWER BRIEF ON JURISDICTION ON DISCRETIONARY REVIEW FROM A DECISION OF THE FOURTH DISTRICT COURT OF APPEAL IN THE SUPREME OF FLORIDA CASE NO.: SC06-88 4DCA CASE NO.: 4D 04-1350 MICHAEL GLYNN vs. Petitioner, FIRST UNION NATIONAL BANK, Respondent. / RESPONDENT S ANSWER BRIEF ON JURISDICTION ON DISCRETIONARY REVIEW

More information

IN THE SUPREME COURT OF FLORIDA SC NO: DCA NO: 3D

IN THE SUPREME COURT OF FLORIDA SC NO: DCA NO: 3D IN THE SUPREME COURT OF FLORIDA SC NO: DCA NO: 3D05-2696 OVERNIGHT SUCCESS CONSTRUCTION, INC., -vs- Plaintiff/Petitioner, PAVARINI CONSTRUCTION CO., INC. and UNITED STATES FIDELITY AND GUARANTY CO., Defendants/Respondents.

More information

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC DCA CASE NO. 5D EPISCOPAL DIOCESE OF CENTRAL FLORIDA

IN THE SUPREME COURT OF FLORIDA. v. CASE NO. SC DCA CASE NO. 5D EPISCOPAL DIOCESE OF CENTRAL FLORIDA IN THE SUPREME COURT OF FLORIDA PRUDENTIAL SECURITIES INC., n/k/a/ PRUDENTIAL EQUITY GROUP, LLC and WILLIAM J. BREWSTER, JR. Defendants/Petitioners, v. CASE NO. SC06-935 DCA CASE NO. 5D05-248 EPISCOPAL

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 KPMG LLP, Appellant, v. ROBERT COCCHI, PENNY ELLEN FROMM, PEF ASSOCIATES, INC., BRIAN GAINES, JOHN JOHNSON, DR. DAVID

More information

STATE OF FLORIDA, DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA. FT. LAUDERDALE ROTARY FOUNDATION #1090 Petitioner, CASE NO DOR FOF

STATE OF FLORIDA, DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA. FT. LAUDERDALE ROTARY FOUNDATION #1090 Petitioner, CASE NO DOR FOF STATE OF FLORIDA, DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA FT. LAUDERDALE ROTARY FOUNDATION #1090 Petitioner, vs. CASE NO. 98-0200 DOR 98-10-FOF DEPARTMENT OF REVENUE, Respondent FINAL ORDER THIS CAUSE

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Supreme Court Case No. SC th DCA Case No. 4D RESPONDENTS BRIEF ON JURISDICTION

IN THE SUPREME COURT OF THE STATE OF FLORIDA. Supreme Court Case No. SC th DCA Case No. 4D RESPONDENTS BRIEF ON JURISDICTION IN THE SUPREME COURT OF THE STATE OF FLORIDA ALEXANDER SCHULTZ vs.. Petitioner Supreme Court Case No. SC04-2318 4th DCA Case No. 4D03-3286 WALDEMAR K. SCHICKEDANZ et al., Respondents / RESPONDENTS BRIEF

More information

IN THE SUPREME COURT OF FLORIDA. IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D ALVARADO KELLY,

IN THE SUPREME COURT OF FLORIDA. IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D ALVARADO KELLY, IN THE SUPREME COURT OF FLORIDA IN RE: ESTATE OF CASE NO. SC04- Lower Tribunal No. 2D03-110 ALVARADO KELLY, Deceased. / SARAH D. CUEVAS, as Personal Representative of the Estate of Alvarado Kelly, deceased

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA SANDRA P. CASTILLO, Sc12.-16n Petitioner, DCA Case No.: 3D11-2132 VS. DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I 2 INC. TRUST 2006-HE7

More information

Filing # Electronically Filed 10/29/ :01:13 PM IN THE SUPREME COURT OF FLORIDA CASE NO. SC YALI GOLAN and LESLIE GOLAN,

Filing # Electronically Filed 10/29/ :01:13 PM IN THE SUPREME COURT OF FLORIDA CASE NO. SC YALI GOLAN and LESLIE GOLAN, Filing # 19992252 Electronically Filed 10/29/2014 06:01:13 PM RECEIVED, 10/29/2014 18:03:42, John A. Tomasino, Clerk, Supreme Court IN THE SUPREME COURT OF FLORIDA CASE NO. SC14-2025 YALI GOLAN and LESLIE

More information

IN THE SUPREME COURT STATE OF FLORIDA

IN THE SUPREME COURT STATE OF FLORIDA IN THE SUPREME COURT STATE OF FLORIDA HOMER THOMAS, Plaintiff, Petitioner, CASE NO. SC04-111 LOWER CASE NO. - 4D02-3627 vs. SUBWAY RESTAURANTS, INC., Defendant, Respondent, / APPLICATION FOR DISCRETIONARY

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA CASE NO. SC11-352 THE VILLAS DEL VERDE HOMEOWNERS ASSOCIATION, INC., Petitioner, vs. CLARK H. SCHERER, III, Respondent. ON DISCRETIONARY REVIEW FROM THE SECOND DISTRICT

More information

SUPREME COURT OF FLORIDA. Case No. SC05- Second District Court of Appeal Case No: 2D Twentieth Judicial Circuit Case No.

SUPREME COURT OF FLORIDA. Case No. SC05- Second District Court of Appeal Case No: 2D Twentieth Judicial Circuit Case No. SUPREME COURT OF FLORIDA Case No. SC05- Second District Court of Appeal Case No: 2D03-2698 Twentieth Judicial Circuit Case No. 99-7699-CA-JSC PHILIP F. MILLER and GLORIA MILLER DAIGH, Petitioners, vs.

More information

IN THE SUPREME COURT STATE OF FLORIDA. CASE NO. SC08- Fourth District Court of Appeal Case No. 4D JAN DANZIGER, Petitioner,

IN THE SUPREME COURT STATE OF FLORIDA. CASE NO. SC08- Fourth District Court of Appeal Case No. 4D JAN DANZIGER, Petitioner, IN THE SUPREME COURT STATE OF FLORIDA CASE NO. SC08- Fourth District Court of Appeal Case No. 4D06-5070 JAN DANZIGER, Petitioner, v. ALTERNATIVE LEGAL, INC., Respondent. ON DISCRETIONARY REVIEW OF A DECISION

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA IN THE SUPREME COURT OF FLORIDA DEMARIOUS CALDWELL, Petitioner, vs. CASE NO. SC12 - DCA No. 4D10-3345 STATE OF FLORIDA, Respondent. PETITIONER S JURISDICTIONAL BRIEF On Review from the District Court of

More information

IN THE FLORIDA SUPREME COURT

IN THE FLORIDA SUPREME COURT A-49949-9/ALM IN THE FLORIDA SUPREME COURT PETITION TO REVIEW DECISION FROM THE DISTRICT COURT OF APPEAL, FOURTH DISTRICT, STATE OF FLORIDA 4 TH DCA Appeal No. 4D05-1598 DAMIEN PENDERGRASS, etc. et al

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC09-1115 DISTRICT CASE NOS. 4D07-3703 and 4D07-4641 (Consolidated) L.T. CASE NO. 50 2005 CA 002721 XXXX MB SHEILA M. HULICK and THE REYNOLDS AND REYNOLDS

More information

IN THE SUPREME COURT OF FLORIDA

IN THE SUPREME COURT OF FLORIDA SCOTT KATZMAN, M.D. and ADVANCED ORTHOPAEDICS, P.A., IN THE SUPREME COURT OF FLORIDA Petitioners, Case No. SC12-114 v. 4 th DCA Case No. 4D11-1290 REDIRON FABRICATION, INC. GEORGE MARTIN and ALLISON MINJARES,

More information

SUPREME COURT OF FLORIDA RESPONDENT S JURISDICTIONAL BRIEF

SUPREME COURT OF FLORIDA RESPONDENT S JURISDICTIONAL BRIEF Filing # 8803708 Electronically Filed 01/03/2014 05:25:42 PM RECEIVED, 1/3/2014 17:28:35, John A. Tomasino, Clerk, Supreme Court SUPREME COURT OF FLORIDA ANHEUSER-BUSCH COMPANIES, INC. and ANHEUSER-BUSCH,

More information

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D JAMAR ANTWAN HILL, Petitioner, -vs- THE STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF FLORIDA CASE NO. SC DCA CASE NO. 3D JAMAR ANTWAN HILL, Petitioner, -vs- THE STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF FLORIDA CASE NO. SC08-929 DCA CASE NO. 3D06-468 JAMAR ANTWAN HILL, Petitioner, -vs- THE STATE OF FLORIDA, Respondent. ON PETITION FOR DISCRETIONARY REVIEW FROM THE DISTRICT COURT

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA TALLAHASSEE, FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA PAMELA GRUNOW, as Personal Representative of the Estate of BARRY GRUNOW, deceased, vs. Petitioner, VALOR CORPORATION OF FLORIDA, a Florida corporation, TALLAHASSEE,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA Case No. SC03-778 4 DCA Case No. 4D01-3122 Martin County Circuit Court Case Nos. 91-42 CA, 98-549 CA, 98-561 CA CHARLES MASON, v. Petitioner E. SPEER & ASSOCIATES,

More information

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA FRANK J. BOTTIGLIERI, M.D., Petitioner, CASE NO.: 2015-CA-000426-O Lower Case No.: 2014-CC-000126-O v. LAW OFFICES

More information

~/

~/ SUPREME COURT OF FLORIDA -;~J...,." ~.-c '\ \_~-) ",) ROMANPINO, Case No.: SCll_~7c\. r-:> " \ Petitioner, L.T. No.: 4DI0-37S Cir. Ct. No.: 502008 CA vs. 031691 XXXX MB \ " \ THE BANK OF NEW YORK MELLON

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4th DCA Case No. 4D ) ALBERTO ELIAKIM, Petitioner, vs.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4th DCA Case No. 4D ) ALBERTO ELIAKIM, Petitioner, vs. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC04-2009 (4th DCA Case No. 4D02-3393) ALBERTO ELIAKIM, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION CHARLES J.

More information

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES

STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION M.E.D.-79, CORP. and QUATTRO MANAGEMENT,

More information

IN THE SUPREME COURT OF FLORIDA Case No. SC Fifth DCA Case No. 5D th Judicial Circuit Case No. 06-CA-1003 and 06-CA-8702

IN THE SUPREME COURT OF FLORIDA Case No. SC Fifth DCA Case No. 5D th Judicial Circuit Case No. 06-CA-1003 and 06-CA-8702 IN THE SUPREME COURT OF FLORIDA Case No. SC10-1892 Fifth DCA Case No. 5D09-1761 9 th Judicial Circuit Case No. 06-CA-1003 and 06-CA-8702 Upon Petition for Discretionary Jurisdiction Review Of A Decision

More information

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 POLEN, J. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2005 LOUIE'S OYSTER, INC., Appellant, v. VILLAGGIO DI LAS OLAS, INC., Appellee. No. 4D04-3488 [November 2, 2005] Appellant,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. Lower Tribunal Case No. 09-CA

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. Lower Tribunal Case No. 09-CA IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. Lower Tribunal Case No. 09-CA-001404 VILA & SON LANDSCAPING CORPORATION, Petitioner vs. POSEN CONSTRUCTION, INC., Respondent PETITIONER'S JURISDICTIONAL

More information

IN THE SUPREME COURT OF FLORIDA (Before a Referee)

IN THE SUPREME COURT OF FLORIDA (Before a Referee) IN THE SUPREME COURT OF FLORIDA (Before a Referee) THE FLORIDA BAR, Complainant. v. GARY MARK MILLS, Respondent. / Supreme Court Case No. SC08-833 The Florida Bar File Nos. 2008-51,528(15C)(FFC) 2008-50,724(17A)

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC10-2419 PARAVANT, INC., 5 DCA CASE NO. 5D09-2143 a Florida Corporation and PARAVANT COMPUTER SYSTEMS, INC. A Florida Corporation, Petitioners; v.

More information

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT CASE NO.: 3D LT. CASE NO.: CA-13

IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT CASE NO.: 3D LT. CASE NO.: CA-13 IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT RECEIVED, 10/26/2016 3:44 PM, Mary Cay Blanks, Third District Court of Appeal SFL PROPERTY HOLDING LLC, v. Appellant, DEUTSCHE BANK NATIONAL TRUST COMPANY

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent.

IN THE SUPREME COURT OF THE STATE OF FLORIDA. CASE NO. SC (4 th DCA 4D ) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent. IN THE SUPREME COURT OF THE STATE OF FLORIDA CASE NO. SC05-1298 (4 th DCA 4D05-1624) MALCOLM HOSWELL, Petitioner, vs. STATE OF FLORIDA, Respondent. RESPONDENT'S BRIEF ON JURISDICTION LAURA FISHER ZIBURA

More information

SUPREME COURT OF FLORIDA PETITIONER, EMILY HALE S JURISDICTIONAL BRIEF

SUPREME COURT OF FLORIDA PETITIONER, EMILY HALE S JURISDICTIONAL BRIEF SUPREME COURT OF FLORIDA EMILY HALE, Petitioner, -vs- DEPARTMENT OF REVENUE, STATE OF FLORIDA, Case No.: SC08-371 L.T. Case No.: 98-107CA Respondent. ********************************************** PETITIONER,

More information

IN THE SUPREME COURT OF THE STATE OF FLORIDA

IN THE SUPREME COURT OF THE STATE OF FLORIDA IN THE SUPREME COURT OF THE STATE OF FLORIDA CITY OF KEY WEST, vs. Defendant/Petitioner Case No. SC12-898 FLORIDA KEYS COMMUNITY COLLEGE, Plaintiff/Respondent. JURISDICTIONAL BRIEF OF RESPONDENT, FLORIDA

More information

. IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA

. IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA . IN THE SUPREME COURT OF FLORIDA TALLAHASSEE, FLORIDA S CASE NO. SC12- CHARLES H. BURNS, as Personal Representative of the ESTATE OF ENRIQUE CASASNOVAS, Deceased, for the benefit of the ESTATE OF ENRIQUE

More information

IN THE CIRCUIT COURT OF THE 15 TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE 15 TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE 15 TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50 2008 CA 022258 XXXMB DIVISION AW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE CERTIFICATE

More information