Via NYSCEF Hon. Saliann Scarpulla 60 Centre Street, Room ...
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Gregory O. Tuttle | t: 646.493.9258 | [email protected] February 24, 2017 Via NYSCEF Hon. Saliann Scarpulla Justice of the Supreme Court New York County Courthouse 60 Centre Street, Room 208 New York, NY 10007 Re: Denis M. Field v. BDO USA LLP., No. 600010/2012 Dear Justice Scarpulla, My office represents the Petitioner Denis M. Field in this matter. We write to follow up on our previous correspondence to the Court regarding the case captioned Denis M. Field v. BDO USA, LLP, Case No. 502016CA007190XXXXMB in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida Civil Division. This letter is to update Your Honor that pursuant to the attached notice of appeal and order, Mr. Field is currently pursuing an appeal of the Orders referenced in the Letter from Mr. Samowitz dated January 4, 2017 (ECF No. 6) and my Letter dated January 19, 2017 (ECF. No. 12) in the Fourth District Court of Appeal of the State of Florida). We will update the Court with any additional developments. Sincerely, Gregory O. Tuttle Encl.
Transcript of Via NYSCEF Hon. Saliann Scarpulla 60 Centre Street, Room ...
GregoryO.Tuttle|t:646.493.9258|[email protected]
February 24, 2017
Via NYSCEF Hon. Saliann Scarpulla Justice of the Supreme Court New York County Courthouse 60 Centre Street, Room 208 New York, NY 10007
Re: Denis M. Field v. BDO USA LLP., No. 600010/2012 Dear Justice Scarpulla, My office represents the Petitioner Denis M. Field in this matter. We write to follow up on our previous correspondence to the Court regarding the case captioned Denis M. Field v. BDO USA, LLP, Case No. 502016CA007190XXXXMB in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida Civil Division. This letter is to update Your Honor that pursuant to the attached notice of appeal and order, Mr. Field is currently pursuing an appeal of the Orders referenced in the Letter from Mr. Samowitz dated January 4, 2017 (ECF No. 6) and my Letter dated January 19, 2017 (ECF. No. 12) in the Fourth District Court of Appeal of the State of Florida). We will update the Court with any additional developments.
Sincerely, Gregory O. Tuttle
Encl.
EXHIBIT A
IN THE CIRCUIT COURT OF THE 15THJUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502016CA007190XXXXMB Division: AD DENIS M. FIELD, Plaintiff, v. BDO USA, LLP, a Delaware limited liability partnership; BDO Seidman, LLP, a New York limited liability partnership, and BDO USA, LLP, a New York limited liability partnership, Defendants. _________________________________/
AMENDED NOTICE OF APPEAL OF NON-FINAL ORDERS
NOTICE IS GIVEN that DENIS M. FIELD, Plaintiff/Appellant, appeals to the Fourth
District Court of Appeal of Florida, the following: 1) the order of this Court rendered
January 3, 2017 Granting Defendants’ Motion to Dismiss and/or Stay; 2) the order of this
Court rendered January 3, 2017 Denying Plaintiff’s Corrected Amended Motion for
Injunction; 3) the order of this Court rendered January 18, 2017 denying Plaintiff’s Motion
for Rehearing and Clarification Re: Orders Granting Defendants’ Motion to Dismiss and/or
Stay and Denying Plaintiff’s Corrected Amended Motion for Injunction; and 4) the order
of this Court rendered January 19, 2017 denying Plaintiff’s Amended Motion for
Rehearing and Clarification Re: Orders Granting Defendants’ Motion to Dismiss and/or
Stay and Denying Plaintiff’s Corrected Amended Motion for Injunction. The nature of the
orders is a non-final order denying arbitration and a non-final order denying an injunction.
Copies of these orders are attached hereto.
Filing # 51998877 E-Filed 02/02/2017 04:02:02 PM
Field v. BDO USA, LLP et al. Amended Notice of Appeal of Non-final Orders Page 2 of 2
I HEREBY CERTIFY that a copy of the foregoing has been emailed through the
ePortal to MICHAEL G. AUSTIN, ESQ., [email protected],
[email protected], DLA PIPER LLP (US), 200 South Biscayne Boulevard, Suite
2500, Miami, Florida 33131 and CARY B. SAMOWITZ, ESQ. Pro Hac Vice,
[email protected], 1251 Avenue of the Americas, New York, New York,
10020-1104 this 2nd day of February, 2017.
CLYATT, RICHARDSON & RYAN, P.A. Counsel for Plaintiff BY: /s/ Kevin F. Richardson KEVIN F. RICHARDSON, ESQ. Florida Bar No. 329185 CHRISTOPHER J. RYAN, ESQ. Florida Bar No.: 99131 1401 Forum Way, Suite 720 West Palm Beach, FL 33401 (561) 471-9600 Phone (561) 471-9655 Fax [email protected] (Primary) [email protected] (Secondary) [email protected] (Secondary)
LAW OFFICES OF KEVIN E. O’REILLY Co-Counsel for Plaintiff
/s/ Kevin E. O’Reilly KEVIN E. O’REILLY, ESQ. Florida Bar No. 97488 1401 Forum Way, Suite 720 West Palm Beach, FL 33401 (561) 471-9600 Phone (561) 471-9655 Fax [email protected] (Primary) [email protected] (Secondary) [email protected] (Secondary)
JAMES D. WING, ESQ. Co-Counsel for Plaintiff BY:_/s/ James D. Wing__________ JAMES D. WING, ESQ. Florida Bar No. 195537 780 NE 69th St., #1506 Miami, Florida, 33138 (786) 302-3939 [email protected]
EXHIBIT B
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401
February 06, 2017
CASE NO.: 4D17-0346L.T. No.: 2016CA007190XXXXMB
DENIS M. FIELD v. BDO USA, LLP., etc., et al.
Appellant / Petitioner(s) Appellee / Respondent(s)
BY ORDER OF THE COURT:
ORDERED sua sponte that the court determines that this appeal seeks review of a final
order, rather than a non-final order. Appellant may file directions to the clerk under Florida
Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and
appellee may file directions for additional documents and exhibits within ten (10) days after
the appellant’s filing of directions to the clerk. The times for preparing the record on appeal,
serving the index to the record on appeal, and for service of briefs are extended
correspondingly.
Served:
cc: James D. WingKevin E. O'ReillyClerk Palm Beach
Kevin F. RichardsonMichael G. Austin
Christopher J. RyanCary B. Samowitz
al
