| Date Docketed | Description | Filed By | Notes |
| 07/14/2021 | Notice of Appeal Filed | Michael J. Napoleone 0147524 | |
| 07/14/2021 | 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection. **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| 07/14/2021 | Acknowledgment Letter | | |
| 07/14/2021 | Case Filing Fee Paid Through Portal | | |
| 07/15/2021 | AA - File Statement for Basis of Jurisdiction | | ORDERED that, within ten (10) days from the date of this order, appellants shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the May 27, 2021 final judgment is a final appealable order, as counts I, II, V, VI and XI are still pending as to defendants Michael D'Angelo III, NJA Brooklyn Bagels, LLC, Original Brooklyn Bagels 247, LLC, The Original Brooklyn Bagel Co., Inc., and Water Bagels 247, LLLP. McMichael v. Zachos, 160 So. 3d 937, 938 (Fla. 1st DCA 2015) ("If an order does not finally end the judicial labor required, 'piecemeal appeals will not be permitted where claims are interrelated and involve the same transaction and the same parties remain in the suit.'") (quoting S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974)). Further, Appellee may file a response within ten (10) days of service of that statement. |
| 07/26/2021 | Jurisdictional Brief | Michael J. Napoleone 0147524 | |
| 08/02/2021 | Response | Eric A. Lee 0961299 | TO JURISDICTION STATEMENT |
| 08/09/2021 | Miscellaneous Order | | ORDERED that, upon consideration of appellants’ July 26, 2021 jurisdictional brief and appellee The Original Brooklyn Water Bagel, Inc.’s August 2, 2021 response, this appeal shall proceed. Fla. R. App. P. 9.110(k); Allstate Ins. Co. v. Collier, 405 So. 2d 311, 312 (Fla. 4th DCA 1981); Fla. R. App. P. 9.110(k); Phillips v. Ostrer, 442 So. 2d 1084, 1084 (Fla. 3d DCA 1983); Allstate Ins. Co. v. Collier, 405 So. 2d 311, 312 (Fla. 4th DCA 1981). |
| 08/24/2021 | Received Records | Clerk Palm Beach CC02 | 2971 PAGES |
| 08/24/2021 | Transcript Received | Clerk Palm Beach CC02 | 1298 PAGES |
| 09/15/2021 | Notice of Agreed Extension - Initial Brief | Michael J. Napoleone 0147524 | |
| 09/15/2021 | Recognizing Agreed Extension of Time | | TO 11/04/2021 |
| 10/28/2021 | Notice of Agreed Extension - Initial Brief | | |
| 10/28/2021 | Recognizing Agreed Extension of Time | | TO 12/20/2021 |
| 12/17/2021 | Motion To Consolidate | Michael J. Napoleone 0147524 | AND FOR AN EXTENSION OF TIME TO FILE INITIAL BRIEF |
| 12/28/2021 | Notice of Voluntary Dismissal | Michael J. Napoleone 0147524 | STIPULATION FOR DISMISSAL |
| 12/29/2021 | ORD-Grant Voluntary Dismissal (Joint) | | At the request of the parties, this case is dismissed. Further, ORDERED that appellants’ December 17, 2021 motion to consolidate and for an extension of time to file initial brief is denied as moot. |
| 12/29/2021 | Dismissed - Order by Clerk | | |