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MAVRICK JUDAH KOMASINSKI, Appellant(s) v. AUTONATION, INC., Appellee(s).
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4D2024-1778
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2024-07-10
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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
CACE19-003257
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Parties
| Name |
Mavrick Judah Komasinski
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| Role |
Appellant
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| Status |
Active
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| Representations |
Albert J Piantini
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| Name |
Hon. Shari Africk-Olefson
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Broward Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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| Name |
AUTONATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Eric Keith Gabrielle
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Docket Entries
| Docket Date |
2024-08-01
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| Type |
Letter
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| Subtype |
Fee Letter
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| Description |
Fee Letter
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| View |
View File
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| Docket Date |
2024-08-01
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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 non-payment of the $300.00 filing fee.
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| View |
View File
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| Docket Date |
2024-07-12
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-07-12
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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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| Docket Date |
2024-07-12
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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 (2023), 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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AUTONATION, INC. VS AARON SHOWALTER
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4D2023-0253
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2023-01-26
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Closed
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| Classification |
NOA Non 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
CACE22-011058
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Parties
| Name |
AUTONATION, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Jon K. Stage
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| Name |
Aaron Showalter
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jeffrey J. Wilcox, Marie A. Borland
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| Name |
Hon. Carlos A. Rodriguez
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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 |
2023-03-20
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellant's March 10, 2023 motion to strike is denied. Further, upon consideration of appellant's March 9, 2023 response, it is ORDERED that appellee's March 8, 2023 motion and March 10, 2023 amended motion for extension of time to file initial brief is granted, and appellee shall serve the answer brief within thirty (30) 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.
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| Docket Date |
2023-01-26
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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 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 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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| Docket Date |
2023-05-30
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| Type |
Order
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| Subtype |
Order on Motion For Attorney's Fees
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| Description |
Order Granting Attorney Fees-Prevailing ~ Upon consideration of appellant's May 19, 2023 response, it is ORDERED that the appellee’s April 10, 2023 motion for attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
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| Docket Date |
2023-05-19
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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 |
Autonation, Inc.
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| Docket Date |
2023-05-11
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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 May 10, 2023 notice of voluntary dismissal, this case is dismissed. Further,ORDERED that appellant shall file a response, within ten (10) days from the date of this order, to appellee’s April 10, 2023 motion for attorney’s fees.
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| Docket Date |
2023-05-11
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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 |
2023-05-10
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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 |
Autonation, Inc.
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| Docket Date |
2023-04-12
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
Aaron Showalter
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| Docket Date |
2023-04-11
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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 appellee's appendix to the answer brief 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 contains bookmarks which are not in compliance with 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 |
2023-04-10
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief ~ ***STRICKEN***
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| On Behalf Of |
Aaron Showalter
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| Docket Date |
2023-04-10
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
Aaron Showalter
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| Docket Date |
2023-04-10
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
Aaron Showalter
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| Docket Date |
2023-03-10
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| Type |
Motions Other
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| Subtype |
Motion To Strike
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| Description |
Motion To Strike
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| On Behalf Of |
Autonation, Inc.
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| Docket Date |
2023-03-10
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED.
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| On Behalf Of |
Aaron Showalter
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| Docket Date |
2023-03-09
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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 |
Autonation, Inc.
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| Docket Date |
2023-03-08
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
Aaron Showalter
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| Docket Date |
2023-02-09
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
Autonation, Inc.
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| Docket Date |
2023-02-09
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Autonation, Inc.
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| Docket Date |
2023-01-31
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Aaron Showalter
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| Docket Date |
2023-01-26
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Autonation, Inc.
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| Docket Date |
2023-01-26
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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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| On Behalf Of |
Autonation, Inc.
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| Docket Date |
2023-01-26
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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BRIAN SUSI VS AUTONATION, INC., ETC., ET AL.
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SC2016-1953
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2016-10-25
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Closed
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| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
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| Court |
Supreme Court of Florida
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062015CA000945AXXXCE
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D16-261
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Parties
| Name |
BRIAN SUSI, INC.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Meah Rothman Tell
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| Name |
AUTONATION, INC.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Richard Alan Ivers, Nancy W. Gregoire
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| Name |
MULLINAX FORD SOUTH, INC.
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| Role |
Respondent
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| Status |
Active
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| Name |
D/B/A AUTONATION FORD MARGATE
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| Role |
Respondent
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| Status |
Active
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| Name |
HON. DALE ROSS, JUDGE
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Hon. Brenda D. Forman
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2017-03-14
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| Type |
Order
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| Subtype |
Atty Fees GR ($2500 - J/O)
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| Description |
ORDER-ATTY FEES GR ($2500 - J/O) ~ Respondents' motion for attorney's fees is granted and it is ordered that respondents shall recover from petitioner the amount of $2,500.00 for the services of respondents' attorney in this Court.
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| Docket Date |
2017-03-14
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| Type |
Disposition
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| Subtype |
Rev DY Lack Juris
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| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
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| Docket Date |
2017-02-03
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| Type |
Notice
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| Subtype |
Supplemental Authority
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| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ FILED AS "RESPONDENTS' NOTICE OF SUPPLEMENTAL AUTHORITY"
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| On Behalf Of |
AUTONATION, INC.
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| View |
View File
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| Docket Date |
2017-01-05
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| Type |
Notice
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| Subtype |
Law Firm Name Change
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| Description |
NOTICE OF LAW FIRM NAME CHANGE ~ FILED AS "'NOTICE OF CHANGE OF FIRM NAME"
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| On Behalf Of |
AUTONATION, INC.
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| View |
View File
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| Docket Date |
2016-12-13
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| Type |
Notice
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| Subtype |
Supplemental Authority
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| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ FILED AS "NOTICE OF SUPPLEMENTAL AUTHORITY"
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| On Behalf Of |
BRIAN SUSI
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| View |
View File
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| Docket Date |
2016-12-05
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ FILED AS "RESPONDENTS' RESPONSE IN OPPOSITION TO PETITIONER/BRIAN SUSI'S MOTION FOR APPELLATE ATTORNEY'S FEES/THIS IS PLED IN THE ALTERNATIVE"
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| On Behalf Of |
AUTONATION, INC.
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| View |
View File
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| Docket Date |
2016-12-01
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ FILED AS "PETITIONER/BRIAN SUSI'S RESPONSE IN OPPOSITION TO RESPONDENTS' MOTION FOR APPELLATE ATTORNEY'S FEES"
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| On Behalf Of |
BRIAN SUSI
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| View |
View File
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| Docket Date |
2016-11-23
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| Type |
Motion
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| Subtype |
Attorney's Fees
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| Description |
MOTION-ATTORNEYS FEES ~ FILED AS "PETITIONER/BRIAN SUSI'S MOTION FOR APPELLATE ATTORNEY'S FEES/THIS IS PLED IN THE ALTERNATIVE"
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| On Behalf Of |
BRIAN SUSI
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| View |
View File
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| Docket Date |
2016-11-21
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| Type |
Motion
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| Subtype |
Attorney's Fees
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| Description |
MOTION-ATTORNEYS FEES ~ FILED AS "RESPONDENTS' MOTION FOR APPELLATE ATTORNEY'S FEES"
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| On Behalf Of |
AUTONATION, INC.
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| View |
View File
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| Docket Date |
2016-11-21
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| Type |
Brief
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| Subtype |
Juris Answer
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| Description |
JURIS ANSWER BRIEF ~ FILED AS "BRIEF ON JURISDICTION OF RESPONDENTS AUTONATION, INC. andMULLINAX FORD SOUTH, INC. d/b/a AUTONATION FORD MARGATE"
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| On Behalf Of |
AUTONATION, INC.
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| View |
View File
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| Docket Date |
2016-11-03
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| Type |
Brief
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| Subtype |
Appendix-Juris
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| Description |
APPENDIX-JURIS BRIEF ~ FILED AS "APPENDIX TO BRIEF OF PETITIONER/PLAINTIFF ON JURISDICTION"
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| On Behalf Of |
BRIAN SUSI
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| View |
View File
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| Docket Date |
2016-11-01
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| Type |
Event
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| Subtype |
Fee Paid in Full - $300
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| Description |
Fee Paid In Full - $300
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| Docket Date |
2016-10-27
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| Type |
Letter-Case
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| Subtype |
Acknowledgment Letter-New Case-Pay Fee
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| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
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| Docket Date |
2016-10-25
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2016-10-25
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| Type |
Notice
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| Subtype |
Invoke Discretionary Jurisdiction
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| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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| On Behalf Of |
BRIAN SUSI
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| View |
View File
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