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Sc2020-1423 Robert Filing # 115548011 E-Filed 10/23/2020 05:25:54 PM SUPREME COURT OF FLORIDA CASE NO.: SC2020-1423 ROBERT FARNIK, Petitioner, v. SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., et al., Respondents. RESPONDENTS SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., KEITH MENIN, JOAN BRENT, JUSTO CARLOS PADRON, AND MARTIN WASSERMAN’S OBJECTION TO PETITIONER’S SECOND MOTION FOR EXTENSION OF TIME TO SERVE JURISDICTIONAL BRIEF Pursuant to Florida Rule of Appellate Procedure 9.300(a), Respondents Shelborne Ocean Beach Hotel Condominium Association, Inc., Keith Menin, Joan Brent, Justo Carlos Padron, and Martin Wasserman, hereby file this Objection to Petitioner’s Second Motion for Extension of Time to Serve Jurisdictional Brief and, as grounds therefor, state: RECEIVED, 10/23/202005:26:29 PM,Clerk,Supreme Court 1. On September 24, 2020 Petitioner filed a “Notice to Invoke Discretionary Jurisdiction of Supreme Court” – apparently against the advice of his appellate counsel Bryan S. Gowdy, Esq. – with the Third District Court of Appeal. FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200 CASE NO.: SC2020-1423 Petitioner seeks review of the Third District’s July 15, 2020 Opinion and August 25, 2020 Order denying Petitioner-Appellant’s Motion for Rehearing. 2. The very next day, Attorney Bryan S. Gowdy filed a Motion to Withdraw as Counsel for Petitioner with the Third District. [Exhibit 1]. Mr. Gowdy pointed out that he “did not sign the notice” and indicated that “[i]rreconcilable differences have arisen between [him] and Appellant Farnik.”1 [Exhibit 1: ¶¶ 1, 2]. 3. On October 5, 2020, the exact day that Petitioner’s jurisdictional brief was due to be filed, Petitioner instead filed his first Motion for Extension of Time to Serve Jurisdictional Brief. Petitioner requested a 17-day enlargement of time because he was experiencing “health issues” and needed additional time to retain new appellate counsel. 4. This Court graciously granted Petitioner’s requested extension of time until yesterday, October 22, 2020. Additionally, the Court warned Petitioner as follows: “Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.” 1 The Third District granted Mr. Gowdy’s Motion to Withdraw on September 30, 2020. [Exhibit 2]. - 2 - FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200 CASE NO.: SC2020-1423 5. Once again, instead of filing his Jurisdictional Brief when due, Petitioner yesterday filed his Second Motion for Extension of Time to Serve Jurisdictional Brief and waited until 10:54:29 PM to do so. 6. Petitioner never conferred with the undersigned counsel regarding an extension of time, as required by Rule 9.300(a), before filing last night’s Second Motion. In fact, Petitioner’s Second Motion for Extension of Time (like his first Motion) does not contain the mandated “certificate that the movant’s counsel has consulted opposing counsel and that the movant’s counsel is authorized to represent that opposing counsel either has no objection or will promptly file an objection.” Fla. R. App. P. 9.300(a). See also Merritt v. Promo Graphics, Inc., 679 So. 2d 1277 (Fla. 5th DCA 1996) (“Rule 9.300 requires some actual contact with opposing counsel.”). 7. In utter disregard of Rule 9.300(a), Petitioner opted to send an email to all counsel today, October 23, 2020, at 12:14 AM. [Exhibit 3]. That email attached the Second Motion for Extension of Time that Petitioner filed 80 minutes earlier and merely stated: Please see attached as per my request for an extension. Thank you Robert Farnik - 3 - FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200 CASE NO.: SC2020-1423 [Exhibit 3]. 8. Petitioner’s undeniable noncompliance with Rule 9.300(a) is improper and should provoke the summary denial of his Second Motion for Extension of Time. Howard v. Baumer, 519 So. 2d 679 (Fla. 1st DCA 1988); Mills v. Heenan, 382 So. 2d 1317 (Fla. 5th DCA 1980). 9. Petitioner has also had more than sufficient time, exactly four (4) weeks, to secure new counsel but has failed to do so. Moreover, Petitioner has failed to identify the required “extenuating circumstances” needed to justify an additional extension of time. WHEREFORE, Respondents Shelborne Ocean Beach Hotel Condominium Association, Inc., Keith Menin, Joan Brent, Justo Carlos Padron, and Martin Wasserman, respectfully request that the Court deny Petitioner’s Second Motion for Extension of Time to Serve Jurisdictional Brief. - 4 - FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200 CASE NO.: SC2020-1423 Respectfully submitted, /s/ Esther E. Galicia ESTHER E. GALICIA Fla. Bar No. 510459 Email: [email protected] FOWLER WHITE BURNETT, P.A. Brickell Arch, Fourteenth Floor 1395 Brickell Avenue Miami, Florida 33131 Telephone: (305) 789-9200 Facsimile: (305) 789-9201 Counsel for Respondents Shelborne Ocean Beach Hotel Condominium Association, Inc., Keith Menin, Joan Brent, Justo Carlos Padron, and Martin Wasserman CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 23rd day of October 2020, a true and correct copy of the foregoing was electronically filed with the Clerk of the Court using the Florida e-filing portal and is being served this day via email on: Name E-Mail Address Robert Farnik [email protected] Ronald S. Lowy [email protected] [email protected] - 5 - FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200 CASE NO.: SC2020-1423 Name E-Mail Address [email protected] Jonathan Smulevich [email protected] [email protected] [email protected] Samuel A. Persaud [email protected] [email protected] Ronald M. Rosengarten [email protected] [email protected] [email protected] Lacey Diggs Hofmeyer [email protected] [email protected] /s/ Esther E. Galicia ESTHER E. GALICIA Fla. Bar No. 510459 - 6 - FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA 33131 • (305) 789-9200 EXHIBIT 1 FOWLER WHITE BURNETT P.A. • BRICKELL ARCH, 1395 BRICKELL AVENUE, 14TH FLOOR, MIAMI, FLORIDA33131 •(305) 789-9200 Filing # 114009482 E-Filed 09/25/2020 04:48:55 PM IN THE DISTRICT COURT OF APPEAL THIRD DISTRICT, STATE OF FLORIDA CASE NO.: 3D17-0559 & 3D17-0767 EVELYN A. BAILEY and ROBERT FARNIK, Appellants, vs. L.T. Case No.: 12-15281 & 14-16340 SHELBORNE OCEAN BEACH HOTEL CONDOMINIUM ASSOCIATION, INC., KEITH MENIN, JOAN BRENT, JUSTO CARLOS PADRON, MARTIN WASSERMAN, SHELBORNE PROPERTY ASSOCIATES LLC, and SHELBORNE OPERATING ASSOCIATES LLC, Appellees. / MOTION TO WITHDRAW AS COUNSEL COMES NOW, the undersigned counsel, Bryan S. Gowdy, pursuant to Florida Rule of Appellate Procedure 9.440, and files this Motion to Withdraw as Counsel to Appellant Robert Farnik, and as grounds in support thereof, states as follows: 1. Proceeding pro se, Appellant Farnik has filed a notice seeking review of this Court’s decision in the Supreme Court of Florida. The undersigned counsel did not sign the notice. 2. Irreconcilable differences have arisen between the undersigned counsel and Appellant Farnik. 3. Mr. Farnik’s address is: 1526 N Hoyne Ave, #2R Chicago, IL 60622 4. This motion is being served on Mr. Farnik and the Appellees. 5. Counsel for the Appellees do not object to this motion. 6. The undersigned counsel will continue to represent Appellant Bailey. WHEREFORE, the undersigned counsel, Bryan S. Gowdy, respectfully requests this Honorable Court grant this Motion to Withdraw as Counsel for Appellant Robert Farnik. Respectfully submitted, CREED & GOWDY, P.A. /s/Bryan S. Gowdy Bryan S. Gowdy Florida Bar No. 0176631 [email protected] [email protected] 865 May Street Jacksonville, Florida 32204 Telephone: (904) 350-0075 Facsimile: (904) 503-0441 Counsel for Appellant, Robert Farnick CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was filed with the Clerk of Court on September 25, 2020, via the Florida Courts E-Filing Portal and that a true and correct copy of the foregoing has been furnished via email to: Ronald S. Lowy, Esq. Samuel A. Persaud, Esq. Jonathan Smulevich, Esq. PERSAUD LAW GROUP, INC. LOWY AND COOK, P.A. 9100 South Dadeland Blvd., Suite 400 169 East Flagler Street, Suite 700 Miami, Florida 33156 Miami, Florida 33131 [email protected] [email protected] [email protected] [email protected] Attorney for Appellee Shelborne Ocean [email protected] Beach Hotel Condominium Association, Attorneys for Appellee Shelborne Ocean Inc. Beach Hotel Condominium Association, Inc. Ronald M. Rosengarten, Esq. Laurie A. Thompson, Esq. GREENBERG TRAURIG FOWLER WHITE BURNETT Wells Fargo Center 515 N. Flagler Drive, Suite 2100 333 S.E. 2nd Avenue, Suite 4400 West Palm Beach, Florida 33401 Miami, Florida 33131 [email protected] [email protected] Attorneys for Appellees Shelborne [email protected] Ocean Beach Hotel Condominium Attorneys for Appellees Shelborne Association, Inc., Keith Menin, Joan Property Associates and Shelborne Brent, Justo Carlos Padron, and Martin Operating Associates Wasserman I HEREBY CERTIFY that a true and correct copy of the foregoing has been electronically filed via the Florida Courts E-Filing Portal on September 25, 2020, and a copy has been furnished to via e-mail and U.S. Mail to the following pro se party: Robert Farnik 1526 N Hoyne Ave, #2R Chicago, IL 60622 Email: [email protected] Telephone: 312-493-1300 Pro Se Appellant /s/ Bryan S. Gowdy Attorney CERTIFICATE OF COMPLIANCE I HEREBY CERTIFY that the foregoing is in Times New Roman 14-point font and complies with the font requirements of Rule 9.210(a)(2), Florida Rules of Appellate Procedure. /s/ Bryan S.
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