| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE24-006002
|
Parties
| Name |
Max Messinger
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Blair Michele Fazzio
|
|
| Name |
Michelle Messinger
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BOCA RATON ASSOCIATES VIII, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jon Derrevere
|
|
| Name |
GL Homes
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Carlos Augusto Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-24
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Max Messinger
|
| View |
View File
|
|
| Docket Date |
2024-11-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion for Clarification and Updated Briefing Schedule
|
|
| Docket Date |
2024-11-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
ORDERED that Appellants' November 15, 2024 motion is granted, and Appellants shall file the initial brief on or before December 3, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORDERED that, upon consideration of appellants' September 30, 2024 jurisdictional brief, appellee's October 11, 2024 motion to dismiss is denied without prejudice to raising the arguments in the answer brief. Further, ORDERED that this appeal shall proceed from the trial court's September 12, 2024 "Order on Defendant Boca Raton Associates VIII, LLP's Motion to Compel Arbitration, to Stay Discovery, and Dismiss the Complaint without Prejudice." Fla. R. App. P. 9.130(a)(3)(I). Appellant's request to relinquish jurisdiction is denied as moot.
|
| View |
View File
|
|
| Docket Date |
2024-10-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-09-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
|
| Docket Date |
2024-09-30
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| View |
View File
|
|
| Docket Date |
2024-09-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellants' December 3, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief on or before January 2, 2025. 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.
|
| View |
View File
|
|
| Docket Date |
2024-12-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORDERED that, within ten (10) days from the date of this order, Appellants shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the August 17, 2024 "Final Order and Directions to Clerk to Close the Case" is a final or nonfinal appealable order, as it states that the "Case is Stayed - in Arbitration," but does not appear to expressly "determine the entitlement of a party to arbitration," such that jurisdiction may lie under Florida Rule of Appellate Procedure 9.130(a)(3)(I). See Fla. R. App. P. 9.130; see also Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."); Pineside Condo. Ass'n, Inc. v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed."); Jenne v. Maranto, 825 So. 2d 409, 413 (Fla. 4th DCA 2002) ("The enumerated categories of permissible nonfinal review stated in rule 9.130 must be limited to their plain meaning. The rule does not authorize judges to enlarge its provisions to permit review of nonfinal orders not specified within its provisions."). Further, Appellees may file a response within ten (10) days of service of that statement.
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| View |
View File
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