MAVRICK JUDAH KOMASINSKI, Appellant(s) v. AUTONATION, INC., Appellee(s).
|
4D2024-1778
|
2024-07-10
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-003257
|
Parties
Name |
Mavrick Judah Komasinski
|
Role |
Appellant
|
Status |
Active
|
Representations |
Albert J Piantini
|
|
Name |
Hon. Shari Africk-Olefson
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
AUTONATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Eric Keith Gabrielle
|
|
Docket Entries
Docket Date |
2024-08-01
|
Type |
Letter
|
Subtype |
Fee Letter
|
Description |
Fee Letter
|
View |
View File
|
|
Docket Date |
2024-08-01
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
View |
View File
|
|
Docket Date |
2024-07-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-07-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2024-07-12
|
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 (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.
|
View |
View File
|
|
|
AUTONATION, INC. VS AARON SHOWALTER
|
4D2023-0253
|
2023-01-26
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-011058
|
Parties
Name |
AUTONATION, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jon K. Stage
|
|
Name |
Aaron Showalter
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jeffrey J. Wilcox, Marie A. Borland
|
|
Name |
Hon. Carlos A. Rodriguez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-03-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
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.
|
|
Docket Date |
2023-01-26
|
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 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.
|
|
Docket Date |
2023-05-30
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
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.
|
|
Docket Date |
2023-05-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2023-05-11
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
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.
|
|
Docket Date |
2023-05-11
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2023-05-10
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2023-04-12
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Aaron Showalter
|
|
Docket Date |
2023-04-11
|
Type |
Order
|
Subtype |
Order Striking Filing
|
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.
|
|
Docket Date |
2023-04-10
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ ***STRICKEN***
|
On Behalf Of |
Aaron Showalter
|
|
Docket Date |
2023-04-10
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Aaron Showalter
|
|
Docket Date |
2023-04-10
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Aaron Showalter
|
|
Docket Date |
2023-03-10
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2023-03-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED.
|
On Behalf Of |
Aaron Showalter
|
|
Docket Date |
2023-03-09
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2023-03-08
|
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 |
Aaron Showalter
|
|
Docket Date |
2023-02-09
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2023-02-09
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2023-01-31
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Aaron Showalter
|
|
Docket Date |
2023-01-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2023-01-26
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2023-01-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
|
CHRIS CAPLANIS VS AUTONATION, INC.
|
SC2019-1918
|
2019-11-13
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D18-2796
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062013CA015373AXXXCE
|
Parties
Name |
Chris Caplanis
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
AUTONATION, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
KEVIN R. JACKSON
|
|
Name |
Hon. David Alan Haimes
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Brenda D. Forman
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-11-14
|
Type |
Event
|
Subtype |
No Fee - Insolvent
|
Description |
No Fee - Insolvent ~ Insolvent Below
|
|
Docket Date |
2019-11-14
|
Type |
Disposition
|
Subtype |
Rev/Appeal Dism No Juris Omnibus
|
Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court. Petitioner's motion for leave to proceed in forma pauperis is denied as moot.
|
|
Docket Date |
2019-11-13
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Filed as a "Notice of Appeal" & treated as a Notice - Discretionary Jurisdiction***Uncertified Copy rec'd 11/12/2019***
|
On Behalf Of |
Chris Caplanis
|
View |
View File
|
|
Docket Date |
2019-11-13
|
Type |
Motion
|
Subtype |
In Forma Pauperis
|
Description |
MOTION-IN FORMA PAUPERIS ~ ***Rec'd 11/12/2019***
|
On Behalf Of |
Chris Caplanis
|
View |
View File
|
|
Docket Date |
2019-11-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NI:No Fee - Insolvent
|
|
Docket Date |
2019-11-13
|
Type |
Miscellaneous Document
|
Subtype |
Misc. Docket Entry
|
Description |
MISC. DOCKET ENTRY ~ ***Rec'd 11/12/2019***
|
On Behalf Of |
Chris Caplanis
|
View |
View File
|
|
|
CHRIS CAPLANIS VS AUTONATION, INC.
|
4D2018-2796
|
2018-09-18
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 13-015373
|
Parties
Name |
CHRIS CAPLANIS
|
Role |
Appellant
|
Status |
Active
|
|
Name |
AUTONATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Kevin R. Jackson
|
|
Name |
Hon. David A. Haimes
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
FLORIDA SUPREME COURT CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-11-15
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-11-14
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ SC19-1918 DISMISSED
|
|
Docket Date |
2019-11-13
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2019-11-13
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
|
Docket Date |
2019-10-29
|
Type |
Order
|
Subtype |
Order on Motion For Clarification
|
Description |
Deny Clarification ~ ORDERED that appellant’s October 24, 2019 motion for clarification is denied.
|
|
Docket Date |
2019-10-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR CLARIFICATION
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2019-10-24
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion For Clarification
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2019-10-11
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing En Banc
|
Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellant's September 9, 2019 “motion for rehearing and en banc” is denied.
|
|
Docket Date |
2019-10-11
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2019-09-18
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR REHEARING
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2019-09-09
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION FOR REHEARING
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2019-09-09
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2019-08-15
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2019-06-05
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2019-06-05
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2019-05-02
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2019-04-22
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2019-03-18
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
ORD-Deny Relinquishment of Jurisdiction ~ Upon consideration of appellant’s February 22, 2019 statement of the evidence, it isORDERED that appellant’s February 22, 2019 motion to relinquish jurisdiction is denied. Further,ORDERED that appellant’s February 19, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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.
|
|
Docket Date |
2019-02-22
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ "STATEMENT OF EVIDENCE"
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2019-02-22
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2019-02-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2019-01-22
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ Upon consideration of appellee’s January 10, 2019 response, it is ORDERED that appellant’s December 19, 2018 untitled motion requesting transcripts of all telephonic hearings is denied without prejudice to refile as a motion to relinquish jurisdiction once appellant has prepared a statement of the evidence or proceedings from the best available means pursuant to Florida Rule of Appellate Procedure 9.200(b)(4). Further,ORDERED that appellant's December 19, 2018 untitled motion requesting an extension of time is granted in part, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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.
|
|
Docket Date |
2019-01-10
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2019-01-08
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant's December 19, 2018 miscellaneous motion.
|
|
Docket Date |
2018-12-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2018-12-19
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2018-12-06
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's December 5, 2016 motion for enlargement of time and motion for all transcripts are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that there are no certificates of service. All certificates of service shall contain the name and physical address of the person served. You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee. Appellant may re-file the documents with proper certificates of service which indicates service on the appellee within fifteen (15) days from the date of this order.
|
|
Docket Date |
2018-12-05
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ ***STRICKEN 12/6/18***
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2018-12-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ ***STRICKEN 12/6/18***
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2018-11-28
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 10, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2018-11-06
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (959 PAGES)
|
|
Docket Date |
2018-10-19
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ W/ ORDER APPEALED
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2018-09-25
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
LT Certificate of Indigency
|
|
Docket Date |
2018-09-20
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the 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. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ's Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). 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.
|
|
Docket Date |
2018-09-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2018-09-18
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
CHRIS CAPLANIS
|
|
Docket Date |
2018-09-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
|
BRIAN SUSI VS AUTONATION, INC., ETC., ET AL.
|
SC2016-1953
|
2016-10-25
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062015CA000945AXXXCE
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D16-261
|
Parties
Name |
BRIAN SUSI, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Meah Rothman Tell
|
|
Name |
AUTONATION, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Richard Alan Ivers, Nancy W. Gregoire
|
|
Name |
MULLINAX FORD SOUTH, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
D/B/A AUTONATION FORD MARGATE
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HON. DALE ROSS, JUDGE
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Brenda D. Forman
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-03-14
|
Type |
Order
|
Subtype |
Atty Fees GR ($2500 - J/O)
|
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.
|
|
Docket Date |
2017-03-14
|
Type |
Disposition
|
Subtype |
Rev DY Lack Juris
|
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).
|
|
Docket Date |
2017-02-03
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ FILED AS "RESPONDENTS' NOTICE OF SUPPLEMENTAL AUTHORITY"
|
On Behalf Of |
AUTONATION, INC.
|
View |
View File
|
|
Docket Date |
2017-01-05
|
Type |
Notice
|
Subtype |
Law Firm Name Change
|
Description |
NOTICE OF LAW FIRM NAME CHANGE ~ FILED AS "'NOTICE OF CHANGE OF FIRM NAME"
|
On Behalf Of |
AUTONATION, INC.
|
View |
View File
|
|
Docket Date |
2016-11-21
|
Type |
Motion
|
Subtype |
Attorney's Fees
|
Description |
MOTION-ATTORNEYS FEES ~ FILED AS "RESPONDENTS' MOTION FOR APPELLATE ATTORNEY'S FEES"
|
On Behalf Of |
AUTONATION, INC.
|
View |
View File
|
|
Docket Date |
2016-11-21
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF ~ FILED AS "BRIEF ON JURISDICTION OF RESPONDENTS AUTONATION, INC. andMULLINAX FORD SOUTH, INC. d/b/a AUTONATION FORD MARGATE"
|
On Behalf Of |
AUTONATION, INC.
|
View |
View File
|
|
Docket Date |
2016-11-01
|
Type |
Event
|
Subtype |
Fee Paid in Full - $300
|
Description |
Fee Paid In Full - $300
|
|
Docket Date |
2016-10-27
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
Docket Date |
2016-10-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-10-25
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
On Behalf Of |
BRIAN SUSI
|
View |
View File
|
|
Docket Date |
2016-12-13
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ FILED AS "NOTICE OF SUPPLEMENTAL AUTHORITY"
|
On Behalf Of |
BRIAN SUSI
|
View |
View File
|
|
Docket Date |
2016-12-05
|
Type |
Response
|
Subtype |
Response
|
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"
|
On Behalf Of |
AUTONATION, INC.
|
View |
View File
|
|
Docket Date |
2016-12-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ FILED AS "PETITIONER/BRIAN SUSI'S RESPONSE IN OPPOSITION TO RESPONDENTS' MOTION FOR APPELLATE ATTORNEY'S FEES"
|
On Behalf Of |
BRIAN SUSI
|
View |
View File
|
|
Docket Date |
2016-11-23
|
Type |
Motion
|
Subtype |
Attorney's Fees
|
Description |
MOTION-ATTORNEYS FEES ~ FILED AS "PETITIONER/BRIAN SUSI'S MOTION FOR APPELLATE ATTORNEY'S FEES/THIS IS PLED IN THE ALTERNATIVE"
|
On Behalf Of |
BRIAN SUSI
|
View |
View File
|
|
Docket Date |
2016-11-03
|
Type |
Brief
|
Subtype |
Appendix-Juris
|
Description |
APPENDIX-JURIS BRIEF ~ FILED AS "APPENDIX TO BRIEF OF PETITIONER/PLAINTIFF ON JURISDICTION"
|
On Behalf Of |
BRIAN SUSI
|
View |
View File
|
|
|
AUTONATION, INC., etc., and MULLINAX FORD SOUTH, etc. VS BRIAN SUSI
|
4D2016-0261
|
2016-01-25
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15000945 (08)
|
Parties
Name |
MULLINAX FORD SOUTH, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
AUTONATION FORD MARGATE
|
Role |
Appellant
|
Status |
Active
|
|
Name |
AUTONATION, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Nancy W. Gregoire Stamper
|
|
Name |
BRIAN SUSI, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Richard Alan Ivers, Meah Tell
|
|
Name |
HON. DALE ROSS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-03-15
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ SC16-1953
|
|
Docket Date |
2016-10-27
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Ack. Receipt from Supreme Court ~ SC16-1953
|
|
Docket Date |
2016-10-25
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2016-10-24
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretional Jurisdiction
|
On Behalf Of |
BRIAN SUSI
|
|
Docket Date |
2016-10-14
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-09-27
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-09-27
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that the appellee's September 15, 2016 motion for rehearing pursuant to Florida Rule of Appellate Procedure 9.330, with regard to the opinion of this court rendered on August 31, 2016 and order granting motion for appellant's appellate attorney's fees rendered on August 31, 2016 is denied.
|
|
Docket Date |
2016-09-20
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO MOTION FOR REHEARING, etc.
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2016-09-15
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
BRIAN SUSI
|
|
Docket Date |
2016-08-31
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion
|
|
Docket Date |
2016-08-31
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellee's March 15, 2016 motion for attorney's fees is denied.
|
|
Docket Date |
2016-08-02
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ ORDERED that appellee's July 27, 2016 motion for order of referral to appellate mediation and certification is denied.
|
|
Docket Date |
2016-07-27
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FOR ORDER OF REFERRAL TO APPELLATE MEDIATION AND CERTIFICATION.
|
On Behalf Of |
BRIAN SUSI
|
|
Docket Date |
2016-03-29
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2016-03-29
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ (RESPONSE FILED 3/29/16)
|
On Behalf Of |
BRIAN SUSI
|
|
Docket Date |
2016-03-29
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO REQUEST FOR OA
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2016-03-29
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2016-03-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants' March 16, 2016 first motion for extension of time is granted, and appellants shall serve the reply brief on or before March 31, 2016. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2016-03-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2016-03-15
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
BRIAN SUSI
|
|
Docket Date |
2016-03-04
|
Type |
Order
|
Subtype |
Order on Motion to Accept Brief as Timely
|
Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that the appellee's February 29, 2016 motion to accept belated filing of answer brief and appendix to answer brief and to correct certificate of service is granted. The answer brief and appendix are deemed timely filed as of the date of this order.
|
|
Docket Date |
2016-03-04
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ **BRIEF DEEMED TIMELY FILED - SEE 3/4/16 ORDER**
|
On Behalf Of |
BRIAN SUSI
|
|
Docket Date |
2016-03-04
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO ANSWER BRIEF **APPENDIX DEEMED TIMELY FILED - SEE 3/4/16 ORDER**
|
On Behalf Of |
BRIAN SUSI
|
|
Docket Date |
2016-02-29
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO ACCEPT BELATED FILING OF ANSWER BRIEF AND APPENDIX AND TO CORRECT CERT. OF SERVICE
|
On Behalf Of |
BRIAN SUSI
|
|
Docket Date |
2016-02-05
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2016-02-05
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2016-01-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-01-25
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Autonation, Inc.
|
|
Docket Date |
2016-01-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|