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SUNSEEKER INTERNATIONAL LTD. VS KEVIN TURNER, et al.
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4D2020-1217
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2020-05-20
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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
CACE19-011580 (03)
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Parties
| Name |
Sunseeker International Ltd.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Grant B. Gieseke, Stacy M. Schwartz, Kenneth J. Joyce
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|
| Name |
Rick Obey & Associates
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Alice Lawaetz
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| Role |
Respondent
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| Status |
Active
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|
| Name |
SUNSEEKER USA SALES CO, INC.
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Rick Obey
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| Role |
Respondent
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| Status |
Active
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|
| Name |
MARINE CONSULTING ASSOCIATES, INC.
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| Role |
Respondent
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| Status |
Active
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| Name |
KEVIN TURNER LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Robert E. Goldman, Serena A. Witter, Todd A. Levine, Jeremy R. Kreines
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|
| Name |
Hon. Nicholas Lopane
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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 |
2020-10-22
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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 |
2020-10-22
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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 the May 20, 2020 combined petition for certiorari, writ of mandamus, and writ of prohibition is denied in part as to mandamus and prohibition and dismissed in part as to certiorari. The trial court’s order requiring the petitioner to file an answer to the plaintiffs’ amended complaint while its motion to dismiss for lack of personal jurisdiction remains pending does not cause irreparable harm for the purpose of certiorari review. While we believe the better practice would have been to resolve the petitioner’s challenge to personal jurisdiction before compelling an answer, the petitioner will not waive its timely objection to personal jurisdiction by filing a responsive pleading so long as it does not seek affirmative relief from the court. See Babcock v. Whatmore, 707 So. 2d 703, 704-05 (Fla. 1998) (holding that the filing of a defensive pleading does not waive a challenge to personal jurisdiction); Sampson Farm Ltd. P’ship v. Parmenter, 238 So. 3d 387, 391-92 (Fla. 3d DCA 2018) (concluding that the defendant did not waive its timely challenge to personal jurisdiction by filing an answer, affirmative defenses, and motion for summary judgment); Berne v. Beznos, 819 So. 2d 235, 237-38 (Fla. 3d DCA 2002) (recognizing that a defendant can defend the case on the merits without waiving a timely challenge to personal jurisdiction); see also Arch Aluminum & Glass Co., Inc., v. Haney, 964 So. 2d 228, 235 (Fla. 4th DCA 2007) (explaining that the filing of a compulsory counterclaim, unlike the filing of a permissive counterclaim, does not constitute a request for affirmative relief that waives an objection to personal jurisdiction).LEVINE, C.J., DAMOORGIAN and KUNTZ, JJ., concur.
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| Docket Date |
2020-07-02
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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 |
Sunseeker International Ltd.
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| Docket Date |
2020-06-23
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Order to Show Cause ~ AMENDED
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| On Behalf Of |
Kevin Turner
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| Docket Date |
2020-06-23
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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 respondents' appendix to the 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 contains no bookmarks as required by 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 |
2020-06-23
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| Type |
Record
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| Subtype |
Appendix to Response
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| Description |
Appendix to Response
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| On Behalf Of |
Kevin Turner
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| Docket Date |
2020-06-22
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Order to Show Cause
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| On Behalf Of |
Kevin Turner
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| Docket Date |
2020-06-22
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| Type |
Record
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| Subtype |
Appendix to Response
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| Description |
Appendix to Response ~ **STRICKEN**
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| On Behalf Of |
Kevin Turner
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| Docket Date |
2020-06-02
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondents shall show cause in twenty (20) days of the date of this order why this amended petition for certiorari, mandamus or prohibition should not be granted; it is further,ORDERED that petitioner shall file a reply within ten (10) days of the date of service of the response(s).No automatic stay of the circuit court’s order denying petitioner’s motion to dismiss pursuant to Florida Rule of Appellate Procedure 9.100(h) is issued.
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| Docket Date |
2020-05-22
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed ~ **Amended**
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| Docket Date |
2020-05-22
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ **Amended**
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| Docket Date |
2020-05-21
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgment letter
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| Docket Date |
2020-05-20
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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 |
2020-05-20
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed ~ **Filing Fee Paid Through Portal**
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| On Behalf Of |
Sunseeker International Ltd.
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| Docket Date |
2020-05-20
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ **Filing Fee Paid Through Portal**
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MARINE CONSULTING, INC., etc. VS SUNSEEKER USA SALES CO., INC.
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4D2019-2450
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2019-08-01
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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 19-004485
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 19-008807
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Parties
| Name |
MARINE CONSULTING, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Robert J. Hauser, Robert E. Goldman
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| Name |
MARINE CONSULTING ASSOCIATES, INC.
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| Role |
Appellant
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| Status |
Active
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| Name |
Rick Obey & Associates
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| Role |
Appellant
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| Status |
Active
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| Name |
SUNSEEKER USA SALES CO, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Kenneth J. Joyce, Stacy M. Schwartz
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| Name |
Hon. John B. Bowman
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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 |
9999-08-30
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Docket Entry
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| Description |
Miscellaneous Entry/Document ~ ****SEE 8/19/19 ORDER*** ***....the portions of the July 1, 2019 order on appeal that grants the defendant's motion, confirms the "interim award," and denies the plaintiff's motion are dismissed for lack of jurisdiction.*** SEE 8/29/19
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| Docket Date |
2019-12-13
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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 December 11, 2019 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2019-12-13
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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 |
2019-12-11
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing ~ THE CIRCUIT COURT'S ORDER DATED 12/05/2019
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| On Behalf Of |
MARINE CONSULTING, INC.
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| Docket Date |
2019-12-11
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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 |
MARINE CONSULTING, INC.
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| Docket Date |
2019-12-02
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made toward the disposition of petitioner's pending motion in the trial court.
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| Docket Date |
2019-09-05
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
MARINE CONSULTING, INC.
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| Docket Date |
2019-08-29
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| Type |
Order
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| Subtype |
Order
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| Description |
Order Denying Motion to Vacate ~ Upon consideration of appellant’s August 21, 2019 response, it is ORDERED that appellee’s August 12, 2019 motion to lift stay is denied. Further,ORDERED sua sponte that the portions of the July 1, 2019 order on appeal that grants the defendant’s motion, confirms the “interim award,” and denies the plaintiff’s motion are dismissed for lack of jurisdiction. Ross v. Prospectsplus!, Inc., 182 So. 3d 802, 803 (Fla. 2d DCA 2016) (holding that "an order confirming an arbitration award is not the final order in such a proceeding; it must be followed by a final judgment"). The appeal shall proceed as to the portion of the July 1, 2019 order that grants entitlement to attorneys’ fees and costs, fixes the amount, and orders the amount to be paid once the motion for rehearing directed toward that portion of the order has been disposed of by the trial court.TAYLOR, MAY and CIKLIN, JJ., concur.
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| Docket Date |
2019-08-21
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO MOTION TO LIFT STAY.
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| On Behalf Of |
MARINE CONSULTING, INC.
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| Docket Date |
2019-08-12
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| Type |
Motions Other
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| Subtype |
Motion to Vacate Stay
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| Description |
Motion To Vacate Stay ~ MOTION TO LIFT STAY
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| On Behalf Of |
Sunseeker USA Sales Co., Inc.
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| Docket Date |
2019-08-12
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ TO MOTION TO LIFT STAY
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| On Behalf Of |
Sunseeker USA Sales Co., Inc.
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| Docket Date |
2019-08-08
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ The notice of appeal in this case indicates that a motion for rehearing is pending in the trial court. Therefore, it is ORDERED that the above-styled case is stayed until the trial court disposes of the motion for rehearing and appellant files a copy of the order in this court. On that date, the stay will be automatically lifted, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
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| Docket Date |
2019-08-02
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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 |
2019-08-02
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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 |
MARINE CONSULTING, INC.
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| Docket Date |
2019-08-02
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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 |
2019-08-01
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ **DUPLICATE**
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| On Behalf Of |
MARINE CONSULTING, INC.
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| Docket Date |
2019-08-01
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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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