| 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 Fifteenth Judicial Circuit, Palm Beach County
2021CA004997
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Parties
| Name |
K. HOVNANIAN REYNOLDS RANCH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ian Patrick Gillan, Justin Michael Leise, Jennie Schwartz
|
|
| Name |
LEXON INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Sawyer Myers
|
|
| Name |
ALLIED TRUCKING OF PALM BEACH, L.C.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Francisco Touron, III
|
|
| Name |
Hon. John Parnofiello
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-23
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED that this court's October 21, 2024 order is vacated. Further,
Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
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| View |
View File
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| Docket Date |
2024-10-21
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.110; see also Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order
merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").
WARNER, GROSS and CIKLIN,JJ., concur.
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| View |
View File
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|
| Docket Date |
2024-10-21
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| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Motion/Notice Voluntary Dismissal
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|
| Docket Date |
2024-09-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
K.Hovnanian Reynolds Ranch, LLC
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| View |
View File
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|
| Docket Date |
2024-09-18
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
It appearing that the August 20, 2024 order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009)("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings. Further,
ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the April 24, 2024 order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| View |
View File
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|
| Docket Date |
2024-09-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
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|
| Docket Date |
2024-09-16
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-09-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that 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 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 lower tribunal clerk's determination of indigent status is filed.
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| View |
View File
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