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JOHN D. MARSHALL, Appellant(s) v. TRUST NO. 4031 NE, et al., Appellee(s).
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4D2024-0452
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2024-02-21
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-005504
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Parties
| Name |
John D. Marshall
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HENRY THOMAS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Preston Seiler, Nicole Marie Ellis, Michele MacLean Thomas
|
|
| Name |
COLDWELL, BANKER & COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Trust No. 4031 NE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
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|
| Docket Date |
2024-02-27
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| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-02-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
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|
| Docket Date |
2024-02-22
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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|
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JOHN D. MARSHALL, Appellant(s) v. TRUST NO. 4031 NE, et al. Appellee(s).
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4D2024-0357
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2024-02-12
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22005504
|
Parties
| Name |
John D. Marshall
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Trust No. 4031 NE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Preston Seiler, Nicole Marie Ellis, Michele MacLean Thomas
|
|
| Name |
HENRY THOMAS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michele MacLean Thomas
|
|
| Name |
COLDWELL, BANKER & COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-17
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
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| View |
View File
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| Docket Date |
2024-05-06
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| Type |
Record
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| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 841 pages
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| On Behalf Of |
Broward Clerk
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|
| Docket Date |
2024-05-01
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| Type |
Order
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| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
Order to Show Cause for Initial Brief & Record on Appeal
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| View |
View File
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|
| Docket Date |
2024-04-22
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| Type |
Notice
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| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Transmit the Record
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| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-02-20
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| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
| View |
View File
|
|
| Docket Date |
2024-02-12
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-02-12
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
Order on Filing Fee
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| View |
View File
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| Docket Date |
2024-02-12
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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|
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JOHN D. MARSHALL, Appellant(s) v. HENRY THOMAS, et al., Appellee(s).
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4D2023-2701
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2023-11-13
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-5504
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Parties
| Name |
John D. Marshall
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HENRY THOMAS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michele MacLean Thomas
|
|
| Name |
COLDWELL, BANKER & COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Trust No. 4031 NE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Preston Seiler
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-24
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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 |
2024-04-05
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2024-04-05
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| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
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|
| Docket Date |
2024-03-04
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Request for Rehearing
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| Docket Date |
2024-02-21
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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 |
2024-02-14
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
Henry Thomas
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| View |
View File
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| Docket Date |
2024-01-31
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Corrected Record on Appeal -- 681 pages
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| On Behalf Of |
Broward Clerk
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| Docket Date |
2024-01-24
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing Circuit Court Order Granting Motion to Strike, etc.
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| On Behalf Of |
Henry Thomas
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|
| Docket Date |
2024-01-22
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| Type |
Record
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| Subtype |
Appendix to Initial Brief
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| Description |
Appendix to Initial Brief
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| On Behalf Of |
John D. Marshall
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|
| Docket Date |
2024-01-22
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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 |
John D. Marshall
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| View |
View File
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| Docket Date |
2024-01-12
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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 |
Broward Clerk
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|
| Docket Date |
2024-01-05
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORDERED that the clerk of the lower tribunal is directed to respond, within ten (10) days from the date of this order, to Appellee Henry Thomas' December 18, 2023 motion to correct the record.
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| View |
View File
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|
| Docket Date |
2024-01-02
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| Type |
Response
|
| Subtype |
Response
|
| Description |
"Motion to Open the Record"
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|
| Docket Date |
2023-12-18
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion to Correct the Record
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|
| Docket Date |
2023-12-18
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 724 Pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2023-11-13
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| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
| On Behalf Of |
John D. Marshall
|
| View |
View File
|
|
| Docket Date |
2023-11-13
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2023-11-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
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|
| Docket Date |
2024-01-17
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| Type |
Order
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| Subtype |
Order on Motion to Amend/Correct Record
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| Description |
ORDERED that, upon consideration of the lower tribunal clerk's January 12, 2024 response, appellee Henry Thomas's December 18, 2023 motion to correct the record is granted. Jurisdiction is relinquished to the trial court for fifteen (15) days from the date of this order to rule on the December 14, 2023 "Motion to Strike Response (Doc #165) and to Correct Record on Appeal." The appellee shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that the appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of the appellee to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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| View |
View File
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JOHN D. MARSHALL, Appellant(s) v. TRUST NO. 4031 NE, et al., Appellee(s).
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4D2023-1985
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2023-08-16
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22005504
|
Parties
| Name |
John D. Marshall
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COLDWELL, BANKER & COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HENRY THOMAS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Trust No. 4031 NE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicole Ellis, Michele M. Thomas, John Preston Seiler
|
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Docket Entries
| Docket Date |
2023-09-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
|
| On Behalf Of |
John D. Marshall
|
|
| Docket Date |
2023-09-08
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| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-09-05
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| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
John D. Marshall
|
|
| Docket Date |
2023-09-05
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
John D. Marshall
|
|
| Docket Date |
2023-08-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Trust No. 4031 NE
|
|
| Docket Date |
2023-08-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2023-08-16
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
John D. Marshall
|
|
| Docket Date |
2023-10-12
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| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
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| Docket Date |
2023-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellant's September 5, 2023 response, it is ORDERED that appellee Henry Thomas' August 22, 2023 motion to dismiss is granted, and this appeal is dismissed for lack of jurisdiction. See Marinich v. Special Edition Custom Homes, LLC, 1 So. 3d 1197 (Fla. 2d DCA 2009).CIKLIN, LEVINE and CONNER, JJ., concur.
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| Docket Date |
2023-08-17
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
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