Small Claims Court, West Regional Courthouse, Broward County, Florida
Case Number is COWE 20 022099 (81)
Judge Phoebee R. François
— Complaint filed on October 19, 2020 —
— Judgment in favor of Plaintiffs ($1,700), April 14, 2021 —
— Defendants Appealed to Fourth District Court of Appeal, May 5, 2021 —
— Fourth District Court of Appeal Sustained Judgment, December 1, 2021 —
— Parties Stipulated Payment of Judgment to Paintiff, December 20, 2021 —
On April 12, 2018, Steven Borer submitted an application and the $1,700 refundable Membership Fee to the Club. Within six months, around October 2018, Steven withdrew from the Club and requested the refund of his Membership Fee. He did not receive the refund. Steven wrote to the Club Treasurer, who acknowledged the debt but explained the Club was short on cash, but that Steven was in line for his refund.
In January 2020, Steven again followed up. The Treasurer told him the Club had just sold an aircraft, so funds would soon be available. However, by May 2020, Steven had not received his refund. Greg Gilhooly, then President, reportedly told Steven that the Club’s Board of Directors had voted to make all shares worthless and that he would not be receiving any refund of his $1,700 refundable Membership Fee.
On October 19, 2020, Steven Borer, and his father, Michael Borer, filed a Small Claims lawsuit in Broward County Court against the Club to recover the $1,700 Membership Fee (Michael Borer had paid the Membership Fee for his son).
On April 15, 2021, the Court published a Judgment in Favor of the Borers. The order obligates the Club to fully refund their $1700 deposit, plus interest and court costs. As such, this case is now closed. Although you can visit the Broward County Small Claims Court’s web site to see the case docket, we have made an effort to mirror the docket documents below.
On May 5, 2021, the Club filed a Notice of Appeal. The appeal was fully briefed as of October 11, 2021.
On December 1, 2021, the Court of Appeal issued a Per Curiam Opinion affirming (sustaining) the Final Judgment. On December 20, 2021, the parties filed a joint stipulation describing the process the Club will follow to refund Steven Borer his full Membership Fee plus court costs and interest.
Broward County Small Claims Docket
| Date Filed | Filed By | Description | Pages |
|---|---|---|---|
| 2022-01-04 19:06:37 | Court | Agreed Order | 2 |
| 2021-12-20 14:07:47 | Joint | Stipulation for Entry of an Agreed Order Regarding Clerk Disbursement of Supercedeas Bond | 2 |
| 2021-12-20 09:54:00 | Court | Mandate (affirming dismissal of the Club's appeal) | 2 |
| 2021-05-14 12:00:00 | Court | Final Bill Appeal Preparation fees pending in amount of: $21.00 (filed under seal) | 1 |
| 2021-05-14 12:00:00 | Court | Appeal Record Completed: 4D21-1520 ct (filed under seal) | 9 |
| 2021-05-12 13:30:00 | Court | Receipt for Bond Company Trust Check | 1 |
| 2021-05-12 13:30:00 | Court | Supersedeas Bond Posted | - |
| 2021-05-12 12:12:45 | PBFC | Notice of Filing Appeallate [sic] Bond | 1 |
| 2021-05-11 08:23:28 | Borer | Writ of Garnishment | 2 |
| 2021-05-11 08:23:28 | Borer | Motion for Writ of Garnishment | 3 |
| 2021-05-11 08:23:28 | Borer | Designation of Email Address for Service of Pleadings | 1 |
| 2021-05-11 08:23:28 | Borer | Notice of Appearance | 1 |
| 2021-05-07 12:00:00 | Court | Pre-billed Appellant pending payment of: $170.00 (filed under seal) | n/a |
| 2021-05-06 21:58:17 | Borer | Notice of Plaintiff’s E-Mail Designation | 1 |
| 2021-05-06 15:07:47 | Appeal Court | Acknowledgment of New Case | 1 |
| 2021-05-06 15:07:47 | Appeal Court | Procedures Notice | 1 |
| 2021-05-04 16:53:55 | PBFC | Notice of Appeal (to the Fourth District Court of Appeal) | 2 |
| 2021-04-15 16:24:00 | Court | Judgment for the Plaintiff ($1,930 plus 4.31% interest) | 1 |
| 2021-01-12 14:42:42 | PBFC | Defendant's Reply to Plaintiff's Post-Trial Motion and Memorandum | 2 |
| 2021-01-12 14:05:00 | Borer | Notice of Filing Excerpt from Transcript from Hearing on January 11, 2021 | 6 |
| 2021-01-12 12:33:35 | PBFC | Notice of Correcting Record | 1 |
| 2021-01-12 09:05:00 | Borer | Memorandum to Court in Response to Defendant's Trial Memorandum | 5 |
| 2021-01-12 09:05:00 | Borer | Plaintiff's Request for Court to Take Judicial Notice | 1 |
| 2021-01-11 17:11:54 | PBFC | Defendant's Notice of Filing Requested Board Meeting Minutes | 11 |
| 2021-01-11 11:50:00 | Court | Clerk's Minutes (Non-Jury Trial) | 1 |
| 2021-01-11 11:50:00 | Court | Exhibit List (Not available to public) | n/a |
| 2021-01-11 11:50:00 | Court | Exhibit Worksheet | 1 |
| 2021-01-08 08:55:55 | PBFC | Trial Memorandum | 5 |
| 2021-01-07 10:43:58 | PBFC | Request to Produce | 3 |
| 2021-01-07 10:43:58 | PBFC | Defendant's Response to Plaintiff's Request for Production | 3 |
| 2021-01-06 14:24:00 | Borer | Plaintiff's Notice of Voluntary Dismissal | 1 |
| 2021-01-06 14:24:00 | Borer | Plaintiff's Notice of Dropping Party | 1 |
| 2021-01-04 18:21:40 | Court | Agreed Order on Plaintiff's Motion to Correct Party Name (changing Defendant name to "Pompano Senior Squadron Flying Club, Inc.") | 1 |
| 2021-01-04 17:38:26 | PBFC | Defendant Pompano Senior Squadron Flying Club, Inc's Witness and Exhibit List | 2 |
| 2020-12-30 12:40:00 | Borer | Disclosure of Plaintiffs Evidence and Witness List | 19 |
| 2020-12-23 15:11:00 | Court | Comment: sent motion via email to JA..... | |
| 2020-12-23 13:36:00 | Borer | Motion to Produce at Trial | 2 |
| 2020-12-23 12:01:00 | Court | Subpoena Issued for Carl Kennedy to pltf Michael Borer | |
| 2020-12-10 16:48:00 | Court | Disposition Order on Pretrial Conference (Set for Trial) Note: Date/time at left is when it actually was available on on the public docket. | 1 |
| 2020-12-08 11:10:00 | Court | Mediation Report (No Agreement) | 1 |
| 2020-12-07 10:44:00 | Borer | Motion to Amend and Correct Case Caption | 2 |
| 2020-12-04 15:42:20 | PBFC | Notice of Non-Jury Trial - 2 Hours/Evidentiary | 1 |
| 2020-12-04 15:42:20 | PBFC | Appearance | 1 |
| 2020-11-05 14:17:44 | Court | Return of Service | 5 |
| 2020-10-19 14:35:42 | Court | Summons/Notice Issued to BSO | n/a |
| 2020-10-19 14:35:42 | Borer | Statement of Claim | 20 |
Below is the record of filing in the docket in the Appeal Court, mirrored from the docket on the Appeal Court web site.
Appeal Docket
| Date Docketed | Description | Filed By | Notes |
|---|---|---|---|
| 2021-12-01 | Affirmed - Per Curiam Opinion | Court | "Appellant (Club) appeals a final judgment in favor of appellees (Borer). We affirm all issues raised without comment." |
| 2021-10-11 | Appellant's Reply Brief | Edward F. Holodak 0059234 | |
| 2021-09-10 | Appellee's Answer Brief | Ron Renzy 0958610 | |
| 2021-09-01 | Order Allowing Attachment to Record | Court | ORDERED that appellant's August 9, 2021 motion to supplement the record is granted, and the record is supplemented to include the material contained in appellant’s August 9, 2021 “supplemental record on appeal.” Said supplemental record is deemed filed as of the date of this order. |
| 2021-09-01 | Supplemental Records | Edward F. Holodak 0059234 | |
| 2021-08-23 | Notice of Appearance | Ron Renzy 0958610 | |
| 2021-08-12 | Initial Brief on Merits | Edward F. Holodak 0059234 | |
| 2021-08-09 | Supplemental Records (PROPOSED) | Edward F. Holodak 0059234 | |
| 2021-08-09 | Motion To File Supplemental Record | Edward F. Holodak 0059234 | (Filed just four days before the extension deadline granted at Club request) |
| 2021-07-20 | Order Granting [Extension of Time] for Initial Brief | Court | ORDERED that appellant's July 12, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. [Note: New deadline is therefore August 13, 2021] |
| 2021-07-13 | Objection (to Motion for Extension) | Steven J. Borer | |
| 2021-07-12 | Motion for Extension of time to file Initial Brief | Edward F. Holodak 0059234 | (Filed just two days before the 70-day deadline) |
| 2021-05-24 | Received Records | Clerk Broward CC01 | 102 PAGES (PAGES 1-93) |
| 2021-05-06 | Case Filing Fee Paid Through Portal | Court | |
| 2021-05-06 | ORD-Pay Filing Fee-Civil Appeal | Court | 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. |
| 2021-05-06 | Acknowledgment Letter | ||
| 2021-05-05 | Notice of Appeal Filed | Edward F. Holodak 0059234 |