| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-004319
|
Parties
| Name |
CHETU, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joey M. Lampert, Paul D. Turner, Benjamin L. Reiss
|
|
| Name |
FRANKLIN FIRST FINANCIAL, LTD., INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Shawn R. Horwick, Gary S. Rosner
|
|
| Name |
Hon. Sandra Perlman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-08-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-07-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2019-01-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ On November 19, 2018, this court granted the motion to withdraw as counsel for the appellee and gave the appellee thirty days to have an attorney licensed to practice law enter an appearance on its behalf. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). After the appellee failed to comply, this court on January 2, 2019, issued an order to show cause why the appellee should not be barred from participating in this case. As no response has been filed, it is ORDERED that appellee is barred from any participation in this case for failure to comply with this court's November 19, 2018 order.
|
|
| Docket Date |
2019-01-02
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of appellant's December 27, 2018 notice, it is ORDERED that appellee is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why it should not be barred from any participation in this case pursuant to this court's November 19, 2018 order, which required the appellee corporation to obtain counsel, file a notice of appearance, and file the answer brief within thirty days. If the notice of appearance and answer brief are filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order and appellee may participate in this appeal.
|
|
| Docket Date |
2018-12-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF APPELLEE'S NON-COMPLIANCE WITH ORDER
|
| On Behalf Of |
CHETU, INC.
|
|
| Docket Date |
2018-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ Upon consideration of appellant's November 13, 2018 amended response, it is ORDERED that appellee's November 13, 2018 "amended motion to withdraw as counsel and provide appellee time to retain new counsel and provide appellee additional time to file answer brief" is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that appellee shall be barred from any participation in this case unless within thirty (30) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. The appellee's answer brief shall also be filed within the 30 day period; FURTHER ORDERED that this case is stayed pending the above and the stay shall be lifted once the notice of appearance has been filed.
|
|
| Docket Date |
2018-11-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (AMENDED) IN OPPOSITION TO MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
CHETU, INC.
|
|
| Docket Date |
2018-11-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ (AMENDED) *AND* PROVIDE APPELLEE ADDITIONAL TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
FRANKLIN FIRST FINANCIAL, LTD
|
|
| Docket Date |
2018-11-09
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ ***SEE AMENDED***
|
| On Behalf Of |
FRANKLIN FIRST FINANCIAL, LTD
|
|
| Docket Date |
2018-11-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ ***SEE AMENDED***
|
| On Behalf Of |
FRANKLIN FIRST FINANCIAL, LTD
|
|
| Docket Date |
2018-10-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's September 24, 2018 motion for extension of time is granted, and appellee shall serve the answer brief within forty (40) days from the date of this order. 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.
|
|
| Docket Date |
2018-09-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellee's September 24, 2018 “reply to appellant’s opposition to appellee’s motion for enlargement of time to serve answer brief” is stricken as unauthorized.
|
|
| Docket Date |
2018-09-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEE'S MOTION FOR ENLARGEMENT OF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
CHETU, INC.
|
|
| Docket Date |
2018-09-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
FRANKLIN FIRST FINANCIAL, LTD
|
|
| Docket Date |
2018-08-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CHETU, INC.
|
|
| Docket Date |
2018-08-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
CHETU, INC.
|
|
| Docket Date |
2018-08-27
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2018-08-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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.
|
|
| Docket Date |
2018-08-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-08-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHETU, INC.
|
|
|
