| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
20CA-2307
|
Parties
| Name |
JOSEPH BROOKS LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
U.S. XPRESS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
U. S. XPRESS ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DARYL ROBERT DUBBS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ANTHONY J. RUSSO, ESQ., Mihaela Cabulea, Esq., DAVID A. MERCER, ESQ.
|
|
| Name |
HON. KIMBERLY SHARPE BYRD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-09-09
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-08-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ SILBERMAN, VILLANTI, AND LUCAS
|
|
| Docket Date |
2021-08-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss/no fee/order of insolvency ~ This appeal is dismissed because of the appellant's failure to respond to this court's May 12, 2021, fee order.
|
|
| Docket Date |
2021-08-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Within 15 days from the date of this order, appellant shall comply with this court's order dated July 2, 2021. Failure to comply with this order may result in dismissal of this appeal without further order.
|
|
| Docket Date |
2021-07-02
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for appellant filed by attorney K. Mitch Espat is granted. Attorney Espat and the law firm of MattLaw are relieved of any further appellate responsibility in this appeal. Within 30 days from the date of this order, the appellant shall undertake one of the following courses of action, failing which this appeal will be subject to dismissal: (1) retain an attorney for this appeal, who shall file a notice of appearance in this court; or (2) inform this court that he intends to proceed pro se.
|
|
| Docket Date |
2021-06-15
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ MATTLAW'S MOTION TO WITHDRAW FROM REPRESENTING APPELLANT AND REQUEST FOR EXTENSION OF TIME FOR APPELLANT TO RETAIN NEW COUNSEL, FILE INITIAL BRIEF AND PAY APPELLATE COSTS
|
| On Behalf Of |
JOSEPH BROOKS
|
|
| Docket Date |
2021-06-03
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court’s May 12, 2021, order to show cause is discharged. This appeal will proceed pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(viii). Appellant shall serve the initial brief and appendix within fifteen days of the date of this order.
|
|
| Docket Date |
2021-06-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO SHOW CAUSE ORDER REGARDING JURISDICTION
|
| On Behalf Of |
JOSEPH BROOKS
|
|
| Docket Date |
2021-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DARYL ROBERT DUBBS
|
|
| Docket Date |
2021-05-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
JOSEPH BROOKS
|
|
| Docket Date |
2021-05-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
| Docket Date |
2021-05-12
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC/Better Gov't Assn (motion to dismiss) ~ **DISCHARGED-SEE 6/3/21 ORDER**Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Hayward & Assocs., Inc. v. Hoffman, 793 So. 2d 89, 91 (Fla. 2d DCA 2001) ("[I]t is well-established that an order that merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."); Better Gov't Ass'n of Sarasota Cnty. v. State, 802 So. 2d 414, 415 n.3 (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 |
2021-05-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
