|
Justin Ashness and Michael Bross, Petitioner(s), v. Everett Courter, Crystal Dimond, Reliable Auto Sales of Lakeland, LLC, d/b/a Auto Depot, Endless Auto, LLC, Hudson Insurance Company, and Reliable Auto Sales and Service, LLC, Respondent(s).
|
5D2024-2271
|
2024-08-16
|
Open
|
|
| Classification |
Original Proceedings - County Small Claims - Certiorari
|
| Court |
5th District Court of Appeal
|
| Originating Court |
County Court for the Eighteenth Judicial Circuit, Seminole County
2020-SC-2551
|
Parties
| Name |
Justin Ashness
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Gary Lindsey Holland
|
|
| Name |
Aaron Michael Bross
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Everett Courter
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Taras Rudnitsky
|
|
| Name |
Crystal Dimond
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
RELIABLE AUTO SALES OF LAKELAND LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
AUTO DEPOT INC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ENDLESS AUTO LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HUDSON INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
James Sawyer Myers
|
|
| Name |
Reliable Auto Sales and Service, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Wayne Eric Culver
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-14
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order to File Response; PTS' W/IN 10 DYS RE: MOT STRIKE/DISMISS
|
| View |
View File
|
|
| Docket Date |
2024-11-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to M/Strike
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-11-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-11-04
|
| Type |
Petition
|
| Subtype |
Amended Petition
|
| Description |
"Third Amended Petition" - Filed Here 11/4/2024
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time; PTS' W/IN 5 DYS FILE AMENDED MOT EOT; MOT DENIED
|
| View |
View File
|
|
| Docket Date |
2024-11-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time TO FILE 2ND AMENDED PETITION
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-10-23
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
8/23 AMENDED PETITION IS STRICKEN. PTs TO FILE 2ND AMENDED PETITION BY 11/1. 10/11 MOTION TO FILED SECOND AMENDED PETITION IS DENIED AS MOOT
|
| View |
View File
|
|
| Docket Date |
2024-10-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice OF UNAVAILABILITY
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-10-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to File 2nd Amended Petition
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-10-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to 10/1 Order and Motion to File 2nd Amended Petition
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-10-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
W/IN 10 DAYS, PTs TO RESPOND TO MOTION TO STRIKE
|
| View |
View File
|
|
| Docket Date |
2024-09-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of unavailability
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-09-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
PETITION REINSTATED. MOTION TO STAY, MOTION TO STRIKE, MOTION TO COMPEL ARE DENIED
|
| View |
View File
|
|
| Docket Date |
2024-09-16
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection to Motion to Reinstate
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-09-12
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-09-12
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
| View |
View File
|
|
| Docket Date |
2024-09-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
PETITION DISMISSED FAILURE TO PAY F/FEE; MOT COMPEL DENIED; MOTIONS STRIKE DENIED
|
| View |
View File
|
|
| Docket Date |
2024-09-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO PETITIONERS' "MOTION TO STRIKE PORTIONS OF RESPONDENT'S RESPONSE TO PETITIONERS MOTION TO STAY PENDING RESOLUTION OF PETITION FOR WRIT OF CERTIORI"
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-09-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike Rsp to PT Motion to Stay
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-09-04
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-09-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-09-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Stay
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-08-23
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition - Per 8/22/2024 Order - Filed Here 8/23/2024
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-08-23
|
| Type |
Petition
|
| Subtype |
Amended Petition
|
| Description |
Amended Petition; STRICKEN PER 10/23 ORDER
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-08-22
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed; PT W/IN 10 DYS FILE APX...
|
| View |
View File
|
|
| Docket Date |
2024-08-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay; DENIED PER 9/27 ORDER
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-08-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-08-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-16
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
FILED HERE: 08/16/2024
|
|
| Docket Date |
2024-12-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-12-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-12-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response per 12/5/24 Order
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
11/25 MOTION TO FILE AMENDED APPX IS GRANTED. AMENDED APPX. BY 12/12. MOTION TO STRIKE IS DENIED.
|
| View |
View File
|
|
| Docket Date |
2024-12-04
|
| Type |
Record
|
| Subtype |
Amended Appendix
|
| Description |
Amended Appendix to Petition - Filed Here 12/4/2024
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-11-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Strike/Dismiss per 11/14 Order
|
| On Behalf Of |
Justin Ashness
|
|
|
|
Justin Ashness, Appellant(s), v. Everett Courter, Crystal Dimond, Reliable Auto Sales of Lakeland, LLC d/b/a Auto Depot, Endless Auto, LLC, Hudson Insurance Company, and Reliable Auto Sales and Service, LLC, Appellee(s).
|
5D2024-0236
|
2024-01-29
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
County Court for the Eighteenth Judicial Circuit, Seminole County
2020-SC-002551-19
|
Parties
| Name |
Justin Ashness
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Gary L. Holland
|
|
| Name |
Reliable Auto Sales and Service, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HUDSON INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AUTO DEPOT INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Crystal Dimond
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ENDLESS AUTO LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Everett Courter
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Taras S. Rudnitsky, A. Michael Bross, James S. Myers
|
|
| Name |
RELIABLE AUTO SALES OF LAKELAND LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carsandra Buie
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Seminole
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO TREAT APPEAL AS PETITION AND TO FILE AMENDED PETITION; DENIED AS MOOT PER 3/20 ORDER
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-05-16
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-04-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
3/24 MOTION FOR ATTY'S FEES IS DENIED
|
| View |
View File
|
|
| Docket Date |
2024-03-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-03-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2024-03-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Motion to Dismiss ~ 3/11 AND 3/12 MOTIONS ARE DENIED AS MOOT
|
|
| Docket Date |
2024-03-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ AMENDED PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-03-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 2/29 ORDER AND MOTION TO STAY PROCEEDINGS IN LT AND TO TREAT APPEAL AS PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-02-29
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ AA W/IN 10 DYS FILE RESPONSE TO MOT DISMISS...
|
|
| Docket Date |
2024-02-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2024-02-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-02-20
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ PER 2/19 ORDER, CERT OF SVC: 02/20/2024
|
| On Behalf Of |
Justin Ashness
|
|
| Docket Date |
2024-02-19
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2024-02-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2024-02-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2024-02-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOT DISMISS
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-02-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Everett Courter
|
|
| Docket Date |
2024-01-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 1/26/2024
|
| On Behalf Of |
Justin Ashness
|
|
|
|
JORGE MELO VS VV GROSS AUTOTRADING CO., INC., ET AL.
|
2D2023-1753
|
2023-08-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
22-CA-007429
|
Parties
| Name |
JORGE MELO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ALDO BOLLIGER, ESQ.
|
|
| Name |
VV GROSS AUTOTRADING CO., INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SARA K. GROVER, ESQ., PAOLA USQUELIS, ESQ., BRENT PROBINSKY, ESQ.
|
|
| Name |
HUDSON INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PAUL L. HUEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed.
|
|
| Docket Date |
2024-04-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE
|
| On Behalf Of |
JORGE MELO
|
|
| Docket Date |
2024-04-12
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2024-04-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2024-02-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ APPELLANT'S STATUS REPORT AND REQUEST TO EXTEND TIME
|
| On Behalf Of |
JORGE MELO
|
|
| Docket Date |
2023-11-22
|
| 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 |
JORGE MELO
|
|
| Docket Date |
2023-11-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ APPELLANT'S MOTION TO STAY APPEAL AND TO RELINQUISH JURISDICTION TO TRIAL COURT SO APPELLANT MAY SEEK RELIEF PURSUANT TO FLA. R. CIV. P. 1.540
|
| On Behalf Of |
JORGE MELO
|
|
| Docket Date |
2023-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall beserved by November 27, 2023.
|
|
| Docket Date |
2023-10-24
|
| 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 |
JORGE MELO
|
|
| Docket Date |
2023-09-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ HUEY - 196 PAGES - REDACTED RECORD (AMENDED AS TO TITLE PAGE)
|
|
| Docket Date |
2023-08-31
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ The August 18, 2023, order to show cause is discharged.
|
|
| Docket Date |
2023-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL JUDGMENT
|
| On Behalf Of |
JORGE MELO
|
|
| Docket Date |
2023-08-18
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC/Better Gov't Ass'n [summary judgment) ~ ***DISCHARGED*** Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006) ("[A]n order merely granting a motion for summary judgment is not a final order."); Better Gov't Ass'n of Sarasota Cty. v. State, 802 So. 2d 414 (Fla. 2d DCA 2001). Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. Should appellant provide this court with such an appealable, final order within twenty days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order"). If appellant fails to present an appealable order within that time frame, or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice.
|
|
| Docket Date |
2023-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
JORGE MELO
|
|
| Docket Date |
2023-08-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
JORGE MELO
|
|
| Docket Date |
2023-08-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-08-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-02-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-GRANTING EXTENSION FOR RELINQ. OF JURIS. ~ Appellant's request to extend the relinquishment period is granted, and the relinquishment period established by this court's December 20, 2023, order is extended through April 11, 2024. Appellant shall file in this court a status report by April 11, 2024, or a notice of voluntary dismissal within 10 days of the entry of an order setting aside or vacating the order on appeal, whichever is earlier.
|
|
| Docket Date |
2023-12-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ "Appellant's Motion to Stay Appeal and to Relinquish Jurisdiction to Trial Court soAppellant May Seek Relief Pursuant to Fla. R Civ. P. 1.540" is granted to the extent thatjurisdiction is relinquished for 45 days for appellant to file and the trial court to rule onappellant's motion for relief from judgment under Florida Rule of Civil Procedure 1.540.Appellant shall file in this court a status report within 45 days of the present order or anotice of voluntary dismissal within 10 days of the entry of an order setting aside orvacating the order on appeal, whichever is earlier. A party who is aggrieved by anyorder entered by the trial court must file a notice of appeal within 30 days of its rendition.See Fla. R. App. P. 9.110(b); 9.130(b). If the present appeal survives, the parties shouldconsider moving for its consolidation with the new appeal."Appellant's Motion for Extension of Time to Serve Initial Brief While the CourtRules on Motion" is denied as unnecessary. See Fla. R. App. P. 9.300(b). This order iswithout prejudice to appellant filing a renewed motion for extension of time, if necessary,after this court enters an order stating that the relinquishment period has concluded.
|
|
|
|
JENNIFER SINNER VS RDM AUTOMOTIVE, LLC and HUDSON INSURANCE COMPANY
|
4D2022-0455
|
2022-02-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-002240
|
Parties
| Name |
Jennifer Sinner
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Autumn Carty, Roger D. Mason, II
|
|
| Name |
HUDSON INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RDM AUTOMOTIVE, LLC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Erin M. Berger, Brittani Cole
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's June 22, 2022 motion for extension of time is granted in part, without prejudice to seeking a further extension if necessary. Appellant shall serve the initial brief within fifteen (15) days from the current due. 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 |
2022-06-22
|
| 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 |
Jennifer Sinner
|
|
| Docket Date |
2022-07-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that appellant’s July 20, 2022 “Motion to Request Dismissal Upon Settlement” is treated as a notice of voluntary dismissal, and this case is dismissed.
|
|
| Docket Date |
2022-07-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-07-20
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ "MOTION TO REQUEST DISMISSAL UPON SETTLEMENT"
|
| On Behalf Of |
Jennifer Sinner
|
|
| Docket Date |
2022-07-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's June 30, 2022 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) 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 will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-06-30
|
| 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 |
Jennifer Sinner
|
|
| Docket Date |
2022-05-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/15/22.
|
|
| Docket Date |
2022-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Jennifer Sinner
|
|
| Docket Date |
2022-05-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1237 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-04-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Jennifer Sinner
|
|
| Docket Date |
2022-04-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit filed by the clerk of the lower tribunal on April 13, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2022-04-13
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 5/16/22.
|
|
| Docket Date |
2022-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RDM Automotive, LLC
|
|
| Docket Date |
2022-02-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Jennifer Sinner
|
|
| Docket Date |
2022-02-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Jennifer Sinner
|
|
| Docket Date |
2022-02-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee 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 |
2022-02-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
ELITE FINANCIAL EDGE, LLC VS STEPHEN COACH, ET AL.
|
2D2021-3551
|
2021-11-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2016CA000620XXCICI
|
Parties
| Name |
ELITE FINANCIAL EDGE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ADAM S. LEVINE, M. D., J. D.
|
|
| Name |
STEPHEN COACH
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALDO BOLLIGER, ESQ., BRITTANI COLE, ESQ., JAWDET I. RUBAII, ESQ.
|
|
| Name |
HUDSON INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SUPERIOR AUTO SOURCE LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. AMY WILLIAMS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-10-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee's motion for appellate attorney's fees pursuant to the retail installment sales contract at issue and section 57.105(7), Florida Statutes, is granted and remanded to the trial court to determine a reasonable amount. Appellant did not file a response to Appellee's motion for appellate attorney's fees.
|
|
| Docket Date |
2022-10-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-04-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
STEPHEN COACH
|
|
| Docket Date |
2022-04-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
ELITE FINANCIAL EDGE, LLC
|
|
| Docket Date |
2022-04-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee's Unopposed Motion for Extension of Time to Serve Answer Brief is granted to the extent that the answer brief filed March 29, 2022, is accepted as timely.
|
|
| Docket Date |
2022-03-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
STEPHEN COACH
|
|
| Docket Date |
2022-03-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEE'S UNOPPOSED MOTION FOREXTENSION OF TIME TO SERVE ANSWER BRIEF
|
| On Behalf Of |
STEPHEN COACH
|
|
| Docket Date |
2022-02-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ELITE FINANCIAL EDGE, LLC
|
|
| Docket Date |
2022-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by February 8, 2022.
|
|
| Docket Date |
2022-01-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ WILLIAMS - REDACTED - 2219 PAGES
|
|
| Docket Date |
2022-01-24
|
| 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 |
ELITE FINANCIAL EDGE, LLC
|
|
| Docket Date |
2021-12-08
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2021-11-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
ELITE FINANCIAL EDGE, LLC
|
|
| Docket Date |
2021-11-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ELITE FINANCIAL EDGE, LLC VS STEPHEN COACH, ET AL
|
2D2021-2864
|
2021-09-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2016CA000620XXCICI
|
Parties
| Name |
ELITE FINANCIAL EDGE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ADAM S. LEVINE, M. D., J. D.
|
|
| Name |
STEPHEN COACH
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALDO BOLLIGER, ESQ., JAWDET I. RUBAII, ESQ., BRITTANI COLE, ESQ.
|
|
| Name |
HUDSON INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SUPERIOR AUTO SOURCE LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. AMY WILLIAMS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-11-12
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-10-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ NORTHCUTT, SILBERMAN, and ATKINSON
|
|
| Docket Date |
2021-10-21
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellee's Motion to Allow Short Reply in Support of Motion to Dismiss or Stay Appeal is denied as moot.
|
|
| Docket Date |
2021-10-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-GRANTING APLEE'S MOTION TO DISMISS ~ Appellee Stephen Coach's Response to this Court's Order and Motion to Stay or to Dismiss Appeal is granted to the extent that the appeal is dismissed without prejudice to appellant's appellate rights on appeal after entry of a final judgment on the pending and interrelated claims. See Bardakjy v. Empire Investment Holdings, LLC, 239 So. 3d 146 (Fla. 3d DCA 2018). Appellee's Motion to Allow Short Reply in Support of Motion to Dismiss or Stay Appeal is denied as moot.
|
|
| Docket Date |
2021-10-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S MOTION TO ALLOW SHORT REPLYIN SUPPORT OF MOTION TO DISMISS OR STAY APPEAL
|
| On Behalf Of |
STEPHEN COACH
|
|
| Docket Date |
2021-10-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO STAY OR DISMISS APPEAL
|
| On Behalf Of |
ELITE FINANCIAL EDGE, LLC
|
|
| Docket Date |
2021-09-30
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall serve a response to “appellee's response to 9/17/2021 order and motion to stay or to dismiss appeal” within fifteen days of this order.
|
|
| Docket Date |
2021-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO 9/17/2021 ORDER AND MOTION TO STAY OR TO DISMISS APPEAL
|
| On Behalf Of |
STEPHEN COACH
|
|
| Docket Date |
2021-09-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2021-09-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
ELITE FINANCIAL EDGE, LLC
|
|
| Docket Date |
2021-09-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DANYELL SANDERS VS MB COLLECTION, INC. and HUDSON INSURANCE COMPANY
|
4D2018-2778
|
2018-09-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2017CC001458AXXXMB
|
Parties
| Name |
MB COLLECTION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MCRAE & METCALF, P.A., Erin M. Berger
|
|
| Name |
HUDSON INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Edward A. Garrison
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
DANYELL SANDERS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Roger D. Mason, II, JOHN S VALENTI, ELIZABETH A BUCHWALTER
|
|
Docket Entries
| Docket Date |
2018-10-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-10-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that the "notice of withdrawal of notice of appeal" styled and filed September 28, 2018 in the Fifteenth Judicial Circuit is treated as a notice of voluntary dismissal of the above-styled appeal.Pursuant to said notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2018-10-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ "NOTICE OF WITHDRAWAL OF NOTICE OF APPEAL"
|
|
| Docket Date |
2018-09-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-09-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-09-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-09-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DANYELL SANDERS
|
|
|
