SAWGRASS FORD, INC., ETC. VS BRYAN VARGAS, ETC.
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SC2017-1006
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2017-05-30
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Closed
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Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
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Court |
Supreme Court of Florida
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Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062014CA004416AXXXCE
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D16-3457
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Parties
Name |
SAWGRASS FORD, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Angela M. Swenka, Geralyn M. Passaro
|
|
Name |
Bryan Vargas
|
Role |
Respondent
|
Status |
Active
|
Representations |
Ruben Martin Saenz, David C. LaValle, Darren Zipris, Ilona Demenina Anderson
|
|
Name |
Hon. William W Haury Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Brenda D. Forman
|
Role |
Lower Tribunal Clerk
|
Status |
Active
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Docket Entries
Docket Date |
2017-08-31
|
Type |
Disposition
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Subtype |
Rev DY Lack Juris
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Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied. No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
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Docket Date |
2017-06-29
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Type |
Brief
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Subtype |
Juris Answer (Amended)
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Description |
JURIS ANSWER AMD BRIEF ~ Brief of Respondent on Jurisdiction
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On Behalf Of |
Bryan Vargas
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View |
View File
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Docket Date |
2017-06-27
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Type |
Order
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Subtype |
Brief/Appendix Stricken (Non-Compliance)
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Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Respondent's jurisdictional answer brief, which was filed with this Court on June 26, 2017, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before July 5, 2017, to file an amended jurisdictional answer brief which does not exceed ten pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author, shall be excluded from the computation.
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Docket Date |
2017-06-26
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Type |
Order
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Subtype |
Acceptance as Timely Filed Brief
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Description |
ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) ~ Petitioner's "Amended Motion to Accept Petitioner's Jurisdictional Brief and Appendix as Timely Filed" is granted and petitioner's jurisdictional initial brief and appendix were filed with this Court on June 8, 2017.
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Docket Date |
2017-06-26
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Type |
Brief
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Subtype |
Juris Answer
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Description |
JURIS ANSWER BRIEF ~ Brief of Respondent on Jurisdiction (The brief exceeds the page limitation) **06/27/17: Stricken for Non-Compliance**
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On Behalf Of |
Bryan Vargas
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View |
View File
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Docket Date |
2017-06-23
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Type |
Response
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Subtype |
Response
|
Description |
RESPONSE ~ Response to Amended Motion to Accept Petitioner's Jurisdictional Brief and Appendix as Timely Filed
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On Behalf Of |
Bryan Vargas
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View |
View File
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Docket Date |
2017-06-13
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Type |
Motion
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Subtype |
Acceptance as Timely Filed
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Description |
MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) ~ Filed as "Amended Motion to Accept Petitioner's Jurisdictional Brief and Appendix as Timely Filed"
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On Behalf Of |
Sawgrass Ford, Inc.
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View |
View File
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Docket Date |
2017-06-12
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Type |
Motion
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Subtype |
Acceptance as Timely Filed
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Description |
MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) ~ Motion to Accept Petitioner's Jurisdictional Brief as Timely Filed **06/13/17: An amended motion filed**
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On Behalf Of |
Sawgrass Ford, Inc.
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View |
View File
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Docket Date |
2017-06-08
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Type |
Brief
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Subtype |
Juris Initial
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Description |
JURIS INITIAL BRIEF ~ Petitioner's Jurisdictional Brief (06/09/17: Brief filed 3 days late)
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On Behalf Of |
Sawgrass Ford, Inc.
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View |
View File
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Docket Date |
2017-06-01
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Type |
Event
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Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
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|
Docket Date |
2017-06-01
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Type |
Letter-Case
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Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
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|
Docket Date |
2017-05-30
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
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Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ **Uncertified Copy** (Rec'd 05/26/2017)
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On Behalf Of |
Sawgrass Ford, Inc.
|
View |
View File
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Docket Date |
2017-05-30
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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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SAWGRASS FORD, INC. VS BRYAN VARGAS
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4D2016-3457
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2016-10-13
|
Closed
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|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 14-004416 (13)
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Parties
Name |
SAWGRASS FORD, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Geralyn M. Passaro, ANGELA MARIE SWENKA
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|
Name |
ERICK NUNEZ
|
Role |
Appellee
|
Status |
Active
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|
Name |
DAVID MENTEN
|
Role |
Appellee
|
Status |
Active
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|
Name |
PETER MENTEN
|
Role |
Appellee
|
Status |
Active
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|
Name |
JOHN TROIA
|
Role |
Appellee
|
Status |
Active
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|
Name |
Hon. William W. Haury, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
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|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
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|
Name |
BRYAN VARGAS
|
Role |
Appellee
|
Status |
Active
|
Representations |
ILONA DEMENINA ANDERSON, RUBEN MARTIN SAENZ, DARREN Y. ZIPRIS, DAVID C. LAVALLE
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Docket Entries
Docket Date |
2017-06-01
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Type |
Supreme Court
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Subtype |
Acknowledged Receipt from Supreme Court
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Description |
Ack. Receipt from Supreme Court ~ SC17-1006
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Docket Date |
2017-05-30
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Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
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Docket Date |
2017-05-19
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2017-04-27
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Type |
Order
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Subtype |
Order on Motion for Rehearing
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Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's April 13, 2017 motion for rehearing is denied.
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Docket Date |
2017-04-27
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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 |
2017-04-24
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Type |
Response
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Subtype |
Response
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Description |
Response ~ TO MOTION FOR REHEARING.
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On Behalf Of |
BRYAN VARGAS
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Docket Date |
2017-04-13
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Type |
Post-Disposition Motions
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Subtype |
Motion for Rehearing
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Description |
Motion For Rehearing
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On Behalf Of |
SAWGRASS FORD, INC.
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Docket Date |
2017-03-29
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Type |
Disposition by Opinion
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Subtype |
Affirmed
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Description |
Affirmed - Per Curiam Opinion
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Docket Date |
2016-12-13
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Type |
Order
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Subtype |
Order to File (Supplemental) Appendix
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Description |
ORD-Requiring appendix to brief per 9.130(e) ~ **VACATED**Upon receipt of the appellant's initial brief filed on October 28, 2016, it is ORDERED that the appellant shall serve an appendix to the initial brief within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e) and 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court. In addition, if the appendix to the initial brief is not filed within the time provided for in this order, the above-styled case WILL BE DISMISSED or the court in its discretion may impose other sanctions.
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Docket Date |
2016-12-13
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
BRYAN VARGAS
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Docket Date |
2016-12-12
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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 |
SAWGRASS FORD, INC.
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Docket Date |
2016-11-29
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Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO ANSWER BRIEF
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On Behalf Of |
BRYAN VARGAS
|
|
Docket Date |
2016-11-28
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Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
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On Behalf Of |
BRYAN VARGAS
|
|
Docket Date |
2016-11-17
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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 |
Mot. for Extension of time to file Answer Brief
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On Behalf Of |
BRYAN VARGAS
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Docket Date |
2016-11-17
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Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
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On Behalf Of |
BRYAN VARGAS
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|
Docket Date |
2016-10-28
|
Type |
Record
|
Subtype |
Appendix
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Description |
Appendix to Brief ~ TO INITIAL BRIEF.
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On Behalf Of |
SAWGRASS FORD, INC.
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Docket Date |
2016-10-28
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Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
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Description |
Request for Oral Argument
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On Behalf Of |
SAWGRASS FORD, INC.
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Docket Date |
2016-10-28
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Type |
Brief
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Subtype |
Initial Brief
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Description |
Initial Brief on Merits
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On Behalf Of |
SAWGRASS FORD, INC.
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Docket Date |
2016-10-28
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
SAWGRASS FORD, INC.
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Docket Date |
2016-10-17
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Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
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On Behalf Of |
BRYAN VARGAS
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Docket Date |
2016-10-14
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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 |
2016-10-13
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Type |
Misc. Events
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Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
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Docket Date |
2016-10-13
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Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ EFILED IN LT ON 10/4/16
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On Behalf Of |
SAWGRASS FORD, INC.
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Docket Date |
2017-08-31
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Type |
Supreme Court
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Subtype |
Supreme Court Miscellaneous
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Description |
Supreme Court Disposition ~ SC17-1006
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Docket Date |
2017-05-26
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Type |
Supreme Court
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Subtype |
Notice to Invok. Disc. Jur. FSC
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Description |
Notice of Discretionary Jurisdiction to Supreme Court
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On Behalf Of |
SAWGRASS FORD, INC.
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Docket Date |
2017-03-29
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Type |
Order
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Subtype |
Order on Motion For Attorney's Fees
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Description |
Deny Attorney's Fees ~ ORDERED that the appellant's October 28, 2016 motion for appellate attorney's fees is denied.
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Docket Date |
2016-11-18
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Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's November 17, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 24, 2016. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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Docket Date |
2016-10-14
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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. 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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SAWGRASS FORD, INC. VS BRYAN VARGAS, etc.
|
4D2015-3433
|
2015-09-16
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 14-004416 13
|
Parties
Name |
SAWGRASS FORD, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
SHARI DANIELLE SMITH, Geralyn M. Passaro
|
|
Name |
BRYAN VARGAS
|
Role |
Respondent
|
Status |
Active
|
Representations |
RUBEN MARTIN SAENZ, DARREN Y. ZIPRIS, David C. LaVelle
|
|
Name |
Hon. William W. Haury, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-10-12
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the September 16, 2015 petition for writ of certiorari is denied; further,ORDERED that petitioner's September 18, 2015 motion for appellate attorneys' fees is denied.GERBER, FORST and KLINGENSMITH, JJ., Concur.
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Docket Date |
2015-10-12
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Type |
Disposition
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Subtype |
Denied
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Description |
Denied - Order by Judge
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Docket Date |
2015-09-18
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
SAWGRASS FORD, INC.
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|
Docket Date |
2015-09-16
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
On Behalf Of |
SAWGRASS FORD, INC.
|
|
Docket Date |
2015-09-16
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
SAWGRASS FORD, INC.
|
|
Docket Date |
2015-09-16
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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Docket Date |
2015-09-16
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
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Docket Date |
2015-09-16
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
SAWGRASS FORD, INC.
|
|
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