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Ryder Truck Rental, Inc., et al., Appellant(s), v. Teesha Adams, etc., Appellee(s).
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3D2023-1606
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2023-09-07
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Closed
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
23-6953
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Parties
| Name |
RYDER TRUCK RENTAL, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
J. Marcos Martinez, Edgardo Ferreyra, Jr.
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|
| Name |
NORTH AMERICAN TRANSPORT SERVICES. LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Salvador Dacosta
|
| Role |
Appellant
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| Status |
Active
|
|
| Name |
The Estate of Robert Adams, Jr.
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Hon. Vivianne del Rio
|
| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Miami-Dade Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
| Name |
Teesha Adams
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| Role |
Appellee
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| Status |
Active
|
| Representations |
Jessica L Lanifero, Joseph V. Camerlengo, Bryan Scott Gowdy, Dimitrios Alexandros Peteves
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Docket Entries
| Docket Date |
2024-10-01
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2024-10-01
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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| Docket Date |
2024-09-11
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed.
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| View |
View File
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| Docket Date |
2024-02-01
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
Ryder Truck Rental, Inc.
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| View |
View File
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|
| Docket Date |
2024-01-30
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Motion for Extension of Time to Serve Reply Brief-5 days to 2-5-24. (GRANTED)
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| On Behalf Of |
Ryder Truck Rental, Inc.
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| View |
View File
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| Docket Date |
2024-01-19
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Appellants' Unopposed Second Motion for an Extension of Time to file the reply brief is granted to and including January 30, 2024.
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| View |
View File
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| Docket Date |
2024-01-17
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Motion for Extension of Time to Serve Reply Brief
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| On Behalf Of |
Ryder Truck Rental, Inc.
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| View |
View File
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|
| Docket Date |
2023-12-19
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Appellants' Unopposed Motion for an Extension of Time to file the reply brief
is granted to and including January 20, 2024.
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| View |
View File
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| Docket Date |
2023-12-18
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Appellant's Motion for Extension of Time to Serve Reply Brief
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| On Behalf Of |
Ryder Truck Rental, Inc.
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| View |
View File
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| Docket Date |
2023-12-05
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
Upon consideration, Appellants' Motion to Temporarily
Relinquish Jurisdiction is hereby denied.
Order on Motion to Relinquish Jurisdiction
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| View |
View File
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| Docket Date |
2023-12-01
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Appellant's Motion to Temporarily Relinquish Jurisdiction
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| On Behalf Of |
Ryder Truck Rental, Inc.
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| View |
View File
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| Docket Date |
2023-12-01
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| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
Appellant's Motion To Temporarily Relinquish Jurisdiction
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| On Behalf Of |
Ryder Truck Rental, Inc.
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| View |
View File
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| Docket Date |
2023-11-21
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief of Appellee
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| On Behalf Of |
Teesha Adams
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| View |
View File
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| Docket Date |
2023-10-20
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Order on Motion for Extension of Time - AB - 30 days to 11/27/2023.
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| View |
View File
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| Docket Date |
2023-10-18
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Motion for Extension of Time to Serve Answer Brief
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| On Behalf Of |
Teesha Adams
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| View |
View File
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| Docket Date |
2023-09-26
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Teesha Adams
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| View |
View File
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| Docket Date |
2023-09-22
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Appellant Initial Brief
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| On Behalf Of |
Ryder Truck Rental, Inc.
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| View |
View File
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| Docket Date |
2023-09-22
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Ryder Truck Rental, Inc.
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| View |
View File
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| Docket Date |
2023-09-13
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Ryder Truck Rental, Inc.
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| View |
View File
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| Docket Date |
2023-09-08
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Teesha Adams
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| View |
View File
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| Docket Date |
2023-09-07
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ Certified.
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| On Behalf Of |
Ryder Truck Rental, Inc.
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| View |
View File
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| Docket Date |
2023-09-07
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2023-09-07
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
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| View |
View File
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RYDER TRUCK RENTAL, INC. d/b/a RYDER TRANSPORTATION SERVICES VS PHILIP J. VON KAHLE
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4D2019-3019
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2019-09-24
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 18-003766 (07)
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Parties
| Name |
RYDER TRUCK RENTAL, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
CRYSTAL B. CARSWELL, GUSTAVO J. MEMBIELA
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|
| Name |
RYDER TRANSPORTATION SERVICES
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Philip J. Von Kahle
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| Role |
Appellee
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| Status |
Active
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| Representations |
Peter A. Tappert, Ryan Clancy, STEVEN L. BEILEY, KARI POWELL, Brian Spes Dervishi, ALEXIS S READ, KENNETH ABRAMS, NEAL A. SIVYER, THEODORE A. STEVENS
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|
| Name |
Hon. Jack B. Tuter
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
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Docket Entries
| Docket Date |
2019-11-12
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2019-11-12
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 8, 2019 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2019-11-08
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
RYDER TRUCK RENTAL, INC.
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| Docket Date |
2019-11-07
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on October 29, 2019, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
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| Docket Date |
2019-10-29
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| Type |
Misc. Events
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| Subtype |
Affidavit
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| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2019-09-25
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2019-09-25
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
RYDER TRUCK RENTAL, INC.
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| Docket Date |
2019-09-25
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court 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 circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2019-09-24
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
RYDER TRUCK RENTAL, INC.
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| Docket Date |
2019-09-24
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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LEXINGTON LION WESTON I, LP and RYDER TRUCK RENTAL, INC. d/b/a RYDER TRANSPORTATION SERVICES VS PHILIP J. VON KAHLE and GOLD COAST FREIGHTWAYS, INC.
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4D2019-0635
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2019-03-06
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 18-003766 (07)
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Parties
| Name |
LEXINGTON LION WESTON I, LP
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Brian Spes Dervishi
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|
| Name |
RYDER TRANSPORTATION SERVICES
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
RYDER TRUCK RENTAL, INC.
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
GOLD COAST FREIGHTWAYS, INC.
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Philip J. Von Kahle
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| Role |
Respondent
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| Status |
Active
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| Representations |
KEVIN M. ECKHARDT, STEVEN L. BEILEY, CRYSTAL B. CARSWELL, Ryan Clancy, THEODORE A. STEVENS, ALEXIS S READ, Michael B. Stevens
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|
| Name |
Hon. Jack B. Tuter
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| Role |
Judge/Judicial Officer
|
| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2019-04-23
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order-Original Proceeding Dismissed ~ ORDERED that, having considered Petitioners’ response to this Court’s order to show cause, and respondent Gold Coast Freightways, Inc.’s reply, the petition for writ of certiorari is dismissed for failure to establish irreparable harm or a departure from the essential requirements of law. Petitioners fail to identify any clearly established law that permits a creditor to conduct discovery in a Chapter 727 proceeding. Petitioners do not show how they are materially injured as they may bring a fraudulent transfer action if the Assignee abandons such claims in the Chapter 727 proceeding. See Smith v. Effective Teleservices, Inc., 133 So. 3d 1048, 1052 (Fla. 4th DCA 2014).WARNER, CIKLIN and CONNER, JJ., concur.
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| Docket Date |
2019-04-23
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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| Docket Date |
2019-04-12
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| Type |
Record
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| Subtype |
Appendix
|
| Description |
Appendix ~ (AMENDED)
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| On Behalf Of |
Philip J. Von Kahle
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| Docket Date |
2019-04-12
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the respondent's appendix to the reply to response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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| Docket Date |
2019-04-10
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
Reply to Response
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| On Behalf Of |
Philip J. Von Kahle
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| Docket Date |
2019-04-10
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix
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| On Behalf Of |
Philip J. Von Kahle
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| Docket Date |
2019-04-02
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Reply to Response
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| Description |
Grant EOT to Reply to Response ~ ORDERED that respondents’ April 1, 2019 motion for extension of time is granted and the time for filing a reply to the response is extended until April 11, 2019.
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| Docket Date |
2019-04-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time ~ TO FILE REPLY TO RESPONSE
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| On Behalf Of |
Philip J. Von Kahle
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| Docket Date |
2019-03-25
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
LEXINGTON LION WESTON I, LP
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| Docket Date |
2019-03-25
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ (SUPPLEMENTAL)
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| On Behalf Of |
LEXINGTON LION WESTON I, LP
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| Docket Date |
2019-03-13
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORD-To File Response ~ ORDERED that, within ten (10) days of this order, Petitioners shall file a response with this Court and explain why this proceeding should not be dismissed as moot and/or for failure to establish irreparable harm. According to Petitioners, “[t]he Assignee announced that he has ‘no objection to the proposed document discovery so long as this discovery is conducted at the sole expense of the [Petitioners] with copies of all documents to be produced by [Petitioners] to the Assignee without expense to the Assignment Estate.’” Petitioners represent that ““[they] have agreed with the Assignee to conduct discovery pursuant to the subpoenas at their own expense and share the results with the Assignee.” If this is so, Petitioners appear to have an adequate remedy. They can pay the Assignee’s expenses for conducting the discovery, obviating any need for this Court to issue an extraordinary writ. The Respondents may file a reply within ten (10) days of the response.
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| Docket Date |
2019-03-07
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
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|
| Docket Date |
2019-03-06
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| Type |
Petition
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| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ **FEE PAID THROUGH PORTAL**
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| On Behalf Of |
LEXINGTON LION WESTON I, LP
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| Docket Date |
2019-03-06
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| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **FEE PAID THROUGH PORTAL**
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|
| Docket Date |
2019-03-06
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
|
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