IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401
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1 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL CASE NO.: 4D LT NO CA013933XXXXMB ELIOT IVAN BERNSTEIN v. WILLIAM STANSBURY Appellant I Petitioner( s) Appellee I Respondent( s) APPELLANT'S NOTICE OF APPEAL TO INVOKE DISCRETIONARY JURISDICTION OF THE FLORIDA SUPREME COURT NOTICE IS GIVEN that Appellant Eliot I. Bernstein hereby appeals to the Florida Supreme Court from the Order dated Jan. 30, 2017 of this Fourth... 0 N... District Court of Appeals denying Appellant's rehearing, certification and clarification under Rule and Dismissing the Appeal for lack of jurisdiction on Jan. 5, Conformed copies of the Orders are attached. The nature of the Orders are in conflict with rules, Decisions and Opinions of the Florida Supreme Court and in conflict with rules, Decisions and Opinions of other Florida District Courts of Appeal. Dated: March 2, 2017 Isl Eliot Ivan Bernstein Eliot Ivan Bernstein, PRO SE 2753 NW 34th St. Boca Raton, FL
2 CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing has been furnished to parties listed on attached Service List by Electronic Transmission; Court ECF; this 2nd day of March, Isl Eliot Ivan Bernstein Eliot Ivan Bernstein, PRO SE 2753 NW 34th St. Boca Raton, FL iviewit@iviewit.tv SERVICE LIST LOWER CASES DEFENDANTS, RESPONDENTS, COUNTER DEFENDANTS Peter M. F eaman, Esq W. Boynton Beach Blvd., Suite 9 Boynton Beach, FL service@feamanlaw.com mkoskcy@feamanlaw.com Brian M. O'Connell, Es- 515 N. Flagler Drive, 201 Floor West Palm Beach, FL 3340 I boconnell@ciklinlubitz.com Bernstein Family Realty, LLC Oppenheimer Trust Company CIO Steven Lessne Counsel for Janet Craig SERVICE LIST
3 GUNSTER, YOAKLEY & STEWART, P.A. Counsel for Oppenheimer Trust Company of Delaware 4855 Technology Way, Suite 630 Boca Raton, FL Telephone: (561) Steven A. Lessne, Esq. Florida Bar No. I slessne@gunster.com Alan B. Rose. Esq. MRACHEK, FITZGERALD, ROSE, KONOPKA, THOMAS & WEISS, P.A. 505 South Flagler Drive, Suite 600 West Palm Beach, FL 3340 I arose@mrachek-law.com Eliot and Candice Bernstein, as parents and natural guardians of Joshua, Jake and Daniel Bernstein 2753 N. W Street Boca Raton. FL iviewit@ivewit.tv iviewit@gmail.com tourcandy@gmail.com
4 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL ( i I f E January 05, 2017 CASE NO.: 4D LT. No.: CA013933XXXXMB ELIOT IVAN BERNSTEIN v. WILLIAM E. STANSBURY, et al. Appellant I Petitioner(s) Appellee I Respondent(s) BY ORDER OF THE COURT: Upon consideration of appellant's December 19, 2016 jurisdictional brief and appellee's December 20, 2016 response, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. cc: MAY, GERBER and KUNTZ, JJ., concur. Served: Steven A. Lessne Eliot Ivan Bernstein Alan Benjamin Rose Candice Bernstein Peter Marshall Feaman Clerk Palm Beach i I I'I kb LONN WEISSBLUM, Clerk Fourth District Court of Appeal
5 I f IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL January 30, 2017 CASE NO.: 4D L.T. No.: CA013933XXXXMB ELIOT IVAN BERNSTEIN v. WILLIAM E. STANSBURY, et al. Appellant I Petitioner(s) Appellee I Respondent(s) BY ORDER OF THE COURT: Upon consideration of appellee's January 23, 2017 response, it is ORDERED that appellant's January 20, 2017 "motion for rehearing and clarification under Rule and reinstating the appeal" is denied. Served: cc: Steven A. Lessne Eliot Ivan Bernstein Alan Benjamin Rose Candice Bernstein Peter Marshall Feaman kb LONN WEISSBLUM, Clerk Fourth District Court of Appeal
6 i hereby certify that the above and foregoing is a true copy of instrument filed in my office. Lonn Weissblum, CLERK DISTRICT COURT OF APPEAL OF FLO~, FOURT!jDIST~CT Per ~mj <111)W eputy Clerk
7 Case Name: Eliot Ivan Bernstein v. William Stansbury Case No: 4D Trial Court No.: CA013933XXXXMB Trial Court Judge: Cheryl Caracuzzo Dear Mr. Tomasino: FOURTH DISTRICT COURT OF APPEAL 1525 PALM BEACH LAKES BLVD. WEST PALM BEACH, FLORIDA (561) Date: March Attached is a certified copy of a Notice to Invoke Discretionary Jurisdiction/Notice of Appeal to the Supreme Court of Florida pursuant to Rule 9.120, Florida Rules of Appellate Procedure. Attached also is this Court's opinion or decision relevant to this case. D The filing fee prescribed by Section (3 ), Florida Statutes, was received by this court and will be mailed. D The filing fee prescribed by Section (3), Florida Statutes, was not received by this court. [{] Petitioner/ Appellant has been previously determined insolvent by the circuit court or our court. D Petitioner/Appellant has already filed, and this court has granted, petitioner/appellant's Motion to proceed without payment of costs in this case. D Petitioner/ Appellant filed Notice via EDCA and the fee has not been received by this court. No filing fee is required in the underlying case in this court because it was: D A Summary Appeal (Rule 9.141) D From the Unemployment Appeals Commission D A Habeas Corpus Proceeding D A Juvenile Case D Other- Ifthere are any questions regarding this matter, please do not hesitate to contact this Office. Sincerely, LONN WEISSBLUM Clerk of the Court By: Isl Lynn Lewis Lynn Lewis Deputy Clerk
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1 of 13 1/10/2017 1:14 PM General Docket United States Court of Appeals for the Eleventh Circuit Court of Appeals Docket #: 16-10657 Docketed: 02/12/2016 Nature of Suit: 4190 Other Contract Actions Termed: