EFTA01176173.pdf

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DOCKETING STATEMENT AND NOTICE OF APPEARANCE OF COUNSEL (Revised as of May 1, 2013) The Court requires the following information in order to facilitate disposition of the case. APPELLANT/PETITIONER: If this case involves an original writ, is an appeal of a non-final order or is a case involving child custody, this docketing statement must be completed and returned within five days. In all other cases, the appellant must file the docketing statement within 20 days from the date of the acknowledgment of the notice of appeal. APPELLEE/RESPONDENT: Is not required to file a docketing statement unless there are amendments, corrections or additions to the docketing statement filed by the appellant/petitioner. Appellee/respondent is only required to file a notice of appearance if counsel's name does not already appear on the certificate of service. Appellee's/respondent's docketing statement, it necessary, is due within 5 days from service of the appellant's/petitioner's docketing statement. PLEASE PROVIDE THE FOLLOWING INFORMATION: DOCKETING STATEMENT OF: (CHECK ONE) APPELLANT/PETITIONER X APPELLEE/RESPONDENT 1. STYLE OF CASE DCA CASE LOWER COUR NUMBER CASE NUMBER Edwards v. Epstein 4D14-2282 502009CA040800XXXXMB NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT (If party is not represented by counsel party should so indicate and provide accurate mailing address and phone number). 2a Name: Philip M. Burlington. Esq. Bar Number 285862 Address: Courthouse Commons. Ste. 350. 444 W. Railroad Ave.. West Palm Beach. FL 33401 Attorney For: Appellant Phone Number (561) 721-0400 Email [email protected] APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) 2b Name: Tonja Haddad Coleman, Esq. Bar Number: 176737 Address: 315 SE 71h Street, Fort Lauderdale, FL 33301 Attorney For: Jeffrey Epstein Phone Number: (954) 467-1223 Email Toniaatoniahaddad.com 1 EFTA01176173 3. INTERESTED PERSONS: List names of all persons or entities having an interest in this matter. Please clarify whether these persons or entities are parties, lawyers or otherwise, and as to parties, designate whether appellant or appellee. Bradley J. Edwards, Appellant Philip M. Burlington, Esq. Burlington & Rockenbach, P.A. Appellate counsel for Appellant Jack Scarola, Esq. William B. Knight, Esq. Searcy Denney Scarola Barnhart & Shipley, Trial counsel for Appellant Jeffrey Epstein, Appellee Tonja Haddad Coleman, Esq. Tonja Haddad, P.A., Appellate counsel for Appellee, Jeffrey Epstein W. Chester Brewer, Jr., Esq. W. Chester Brewer, Jr., P.A., Trial counsel for Appellee, Jeffrey Epstein Jack Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A., Trial counsel for Appellee, Jeffrey Epstein Fred Haddad, Esq. Fred Haddad, P.A., Trial counsel for Appellee, Jeffrey Epstein Scott Rothstein, Appellee Mark Nurik, Esq. Law Offices of Marc S. Nurik, Trial counsel for Appellee, Scott Rothstein 4. JUDGES BELOW: List the name of all judges, deputy commissioners and hearing officers/examiners who were involved in this action below. Specify the judge who entered the order appealed. The Honorable David F. Crow The Honorable Meenu Sasser The Honorable Donald W. Hafele — Entered Order for Appeal 5. JURISDICTION: State the basis for this court's jurisdiction, including the following: (1) the appellate rule providing jurisdiction claimed 9.030(b)(1)(A); (2) the date of filing in the lower tribunal of the order appealed May 27, 2014 ; (3) if this is an appeal from a final order, the date of the return of verdict in a jury action N/A the service date of any Fla. R. Civ. P. 1.530 motion, and the date of entry of the order deciding such motion N/A . 2 EFTA01176174  6. PENDING MATTERS IN LOWER TRIBUNAL: Are there any matters, including counts of claims or counterclaims, still pending in the lower tribunal? If yes, please explain exactly what remains pending. Yes, Plaintiff/Counter-Defendant Jeffrey Epstein's Motion for Fees and Costs and Incorporated Memorandum of Law set for hearing on September 29, 2014 at 2:30pm. 7. CURRENT AND PRIOR PROCEEDINGS IN THIS COURT: List by style and case number of this court, all cases which are or have been pending before this court involving issues arising from the same lower tribunal case and the current status of same: 4D13-133 - Epstein v. Rothstein (Certiorari Petition) Criminal appeals: List by style and case number of this court all co-defendants currently or previously on appeal to this court. N/A Similar Issues: List by style and case number of this court, all cases which are or have been pending before this court which are related to this action or which involve an issue which will be similar or determinative to the issue in this case on appeal. N/A If you become aware of appeals filed subsequent to the submission of this docketing statement involving a co-defendant in a criminal case, the same controversy or parties, or substantial similar issues, please file an amended response to this question. 8. Court Transcript: Do you intend to order any portion of the transcript for the appeal? Yes No X If yes, have all arrangements been made for its preparation? Yes No X If yes, date ordered If no, why not? Already Complete Estimated date of completion: Completed Estimated number of pages: Name and address of court reporter(s): 9. CUSTODY STATUS IN CRIMINAL APPEALS: Is the appellant in custody and serving a sentence imposed as a result of a conviction which is the subject of this appeal? No. If so, state the length of the sentence imposed. N/A 3 EFTA01176175 ISSUES: If this case involves the determination of the constitutionality of a statute, cite the statute involved. Please state in short form the anticipated issues raised. For example, on criminal issues: denial of motion for judgment of acquittal, denial of motion to suppress evidence, error in sentence; on civil issues, award of alimony, error in valuation of assets for equitable distribution, error in determining contract damages; error in admission of hearsay at trial. 10. TYPE OF CASE: PLACE A CHECK BY THE MOST APPROPRIATE TYPE OF CASE: A. Civil 1. Domestic Relations - divorce, child custody, paternity or support 2. Child dependency 3. Adoption/Termination of Parental Rights 4. Professional Malpractice 5. Products Liability 6. Negligence 7. Contract or Indebtedness 8. Condominium - rules violations, developer suits 9. Foreclosure - mortgage, lien 10. Inmate Appeal - gain time, rule challenges, disciplinary action 11. Attorney's Fees X 12. All others — Intentional Tort B. Criminal 1. Direct Appeal - judgment and sentence 2. Direct Appeal - sentence only 3. Direct Appeal - juvenile 4. Collateral Attack - (Rule 3.850 or habeas corpus) - judgment and sentence 5. Collateral Attack - (Rule 3.800, Rule 3.850 or habeas corpus) - sentence only 6. Collateral Attack - juvenile 7. Appeal by the State 8. All Others - specify C. Administrative 1. Department of Professional Regulation 2. Unemployment Appeals Commission 4 EFTA01176176  3. Rule Challenge - specify agency 4. All others - specify CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the foregoing was furnished to all counsel on the attached service list, by email, on July 14, 2014. William B. King, Esq. SEARCY DENNY SCAROLA BARNHART & SHIPLEY, P.A. 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 [email protected] and BURLINGTON & ROCKENBACH, P.A. Courthouse Commons/Suite 350 444 West Railroad Avenue West Palm Beach, FL 33401 (561) 721-0400 Attorneys for Defendant/Counter-Plaintiff [email protected] [email protected] By: /s/ Philip M. Burlington PHILIP M. BURLINGTON Florida Bar No. 285862 5 EFTA01176177  SERVICE LIST W. Chester Brewer, Jr., Esq. Jack Goldberger, Esq. W. CHESTER BREWER, JR., P.A. ATTERBURY, GOLDBERGER 250 S. Australian Ave., Ste. 1400 & WEISS, P.A. West Palm Beach, FL 33401 250 So. Australian Ave., Ste. 1400 (561) 655-4777 West Palm Beach, FL [email protected] (561) 659-8300 [email protected] [email protected] Attorneys for Jeffrey Epstein Attorneys for Jeffrey Epstein Fred Haddad, Esq. Tonja Haddad Coleman, Esq. FRED HADDAD, P.A. TONJA HADDAD, P.A. 1 Financial Plaza, Ste. 2612 315 SE 7th Street., Ste. 301 Fort Lauderdale, FL 33301 Fort Lauderdale, FL 33301 (954) 467-6767 (954) 467-1223 [email protected] [email protected] Attorneys for Jeffrey Epstein [email protected] Attorneys for Jeffrey Epstein Mark Nurik, Esq. LAW OFFICES OF MARC S. NURIK Bradley J. Edwards, Esq. 1 E. Broward Blvd., Ste. 700 FARMER, JAFFE, WEISSING, Ft. Lauderdale, FL 33301 EDWARDS, FISTOS & LEHRMAN, P.L. (954) 745-5849 425 N. Andrews Ave., Ste. 2 [email protected] Fort Lauderdale, FL 33301 Attorneys for Scott Rothstein (954) 524-2820 [email protected] Attorneys for Defendant Edwards 6 EFTA01176178