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DAN LEWIS, Appellant(s) v. LYNN BARRETT, et al., Appellee(s).
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4D2024-2362
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2024-09-16
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Open
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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
CACE20-014487
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Parties
| Name |
DAN LEWIS, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Colleen Kathryn O'Loughlin
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|
| Name |
Lynn Barrett
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| Role |
Appellee
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| Status |
Active
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| Representations |
Chris Kleppin
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|
| Name |
North Broward Hospital District
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| Role |
Appellee
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| Status |
Active
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| Name |
Raymond Berry
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| Role |
Appellee
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| Status |
Active
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| Name |
Gino Santorio
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Alan Goldsmith
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| Role |
Appellee
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| Status |
Active
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| Name |
JOHN BENZ, LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Daniel A Casey
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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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Docket Entries
| Docket Date |
2024-11-20
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Dan Lewis
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| View |
View File
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| Docket Date |
2024-11-20
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| Type |
Record
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| Subtype |
Appendix to Initial Brief
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| Description |
Appendix to Initial Brief
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| On Behalf Of |
Dan Lewis
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| Docket Date |
2024-10-30
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal -- 4195 pages
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| On Behalf Of |
Broward Clerk
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| Docket Date |
2024-09-25
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing 09/25/24 Order Denying Motion for Rehearing
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| On Behalf Of |
Dan Lewis
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| Docket Date |
2024-09-20
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
Dan Lewis
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| View |
View File
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| Docket Date |
2024-09-16
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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 |
2024-09-16
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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 |
2024-12-12
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| Type |
Recognizing Agreed Extension
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| Subtype |
Answer Brief
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| Description |
30 Days to January 22, 2025
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| Docket Date |
2024-12-11
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Lynn Barrett
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DAN LEWIS, Petitioner(s) v. LYNN BARRETT, Respondent(s).
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4D2024-0614
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2024-03-11
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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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
CACE20-014487
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Parties
| Name |
DAN LEWIS, INC.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Colleen Kathryn O'Loughlin
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| Name |
Lynn Barrett
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| Role |
Respondent
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| Status |
Active
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| Representations |
Chris Kleppin
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|
| Name |
Hon. Daniel A Casey
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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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Docket Entries
| Docket Date |
2024-03-11
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| View |
View File
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| Docket Date |
2024-03-11
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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 |
2024-03-11
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order on Filing Fee
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| View |
View File
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| Docket Date |
2024-03-11
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| Docket Date |
2024-03-11
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition Certiorari
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| Docket Date |
2024-03-15
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996). The trial court's nonfinal orders determining entitlement to fees are not subject to review. See Winkelman v. Toll, 632 So. 2d 130, 131 (Fla. 4th DCA 1994) (explaining that an order determining entitlement to fees without determining the amount is not reviewable).
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| View |
View File
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LYNN BARRETT and THE KLEPPIN LAW FIRM VS RAY BERRY, et al.
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4D2022-0906
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2022-03-31
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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
CACE20-014487
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Parties
| Name |
Lynn Barrett
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| Role |
Appellant
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| Status |
Active
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| Representations |
Chris Kleppin
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|
| Name |
Alan Goldsmith
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| Role |
Appellee
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| Status |
Active
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| Name |
Gino Santorio
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| Role |
Appellee
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| Status |
Active
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|
| Name |
DAN LEWIS, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
JOHN BENZ, LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
Nancy W. Gregoire Stamper
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| Role |
Appellee
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| Status |
Active
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| Name |
Hon. Nicholas Lopane
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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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| Name |
Kleppin Law Firm
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| Role |
Appellant
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| Status |
Active
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| Name |
Ray Berry
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| Role |
Appellee
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| Status |
Active
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| Representations |
Colleen K. O'Loughlin
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Docket Entries
| Docket Date |
2022-04-11
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| Type |
Order
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| Subtype |
Order on Motion to Consolidate
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| Description |
ORD-Granting Consolidation ~ ORDERED that this Court's April 5, 2022 order requiring jurisdictional briefing is discharged. Case number 4D22-906 is consolidated for all purposes with case number 4D22-895. The non-final order is not appealable.
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| Docket Date |
2022-04-01
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2022-04-01
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Lynn Barrett
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| Docket Date |
2022-03-31
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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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| Docket Date |
2022-03-31
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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 |
Lynn Barrett
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| Docket Date |
2022-04-12
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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| Docket Date |
2022-04-12
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the March 30, 2022 petition for writ of prohibition is denied with prejudice. The circuit court has jurisdiction to award prevailing party fees under Rule 1.525 and section 768.295(4), Florida Statutes (2021). Petitioners’ arguments on this point are without merit. As to the other arguments raised in the petition, this Court lacks jurisdiction to review these issues at this time. Any error the court has made in finding entitlement to fees can be reviewed on appeal from a final order determining the amount. Winkelman v. Toll, 632 So. 2d 130, 131 (Fla. 4th DCA 1994).CONNER, C.J., DAMOORGIAN and KUNTZ, JJ., concur.
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| Docket Date |
2022-04-05
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellants shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the February 28, 2022 order is an appealable final or nonfinal order, as it appears the order does not determine "jurisdiction of a person" and merely determines entitlement to attorney's fees without awarding an amount. See Fla. R. App. P. 9.130(a)(3)(C)(i); Schmidt v. Schmidt, 319 So. 3d 65 (Fla. 4th DCA 2021) ("An order merely finding entitlement to attorney's fees is a non-final, non-appealable order."); Frier v. Frier, 13 So. 3d 145, 146 (Fla. 1st DCA 2009) ("The law is clear that 'the term jurisdiction of the person' in rule 9.130(a)(3)(C)(i) 'refers to service of process or to the applicability of the long arm statute to non-residents.'") (quoting Warren v. Se. Leisure Sys., Inc., 522 So. 2d 979, 980 (Fla. 1st DCA 1988)). Further,Appellees may file a response within ten (10) days of service of that statement.
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| Docket Date |
2022-04-01
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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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LYNN BARRETT and THE KLEPPIN FIRM, P.A., and CHRIS KLEPPIN, ESQ. VS DAN LEWIS
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4D2022-0895
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2022-03-30
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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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
20-014487(03)
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Parties
| Name |
Chris Kleppin
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| Role |
Appellant
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| Status |
Active
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| Name |
THE KLEPPIN FIRM, P.A.
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| Role |
Petitioner
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| Status |
Active
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| Name |
Lynn Barrett
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| Role |
Petitioner
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| Status |
Active
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| Name |
DAN LEWIS, INC.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Colleen K. O'Loughlin
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|
| Name |
Hon. Nicholas Lopane
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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 |
2022-04-12
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the March 30, 2022 petition for writ of prohibition is denied with prejudice. The circuit court has jurisdiction to award prevailing party fees under Rule 1.525 and section 768.295(4), Florida Statutes (2021). Petitioners’ arguments on this point are without merit. As to the other arguments raised in the petition, this Court lacks jurisdiction to review these issues at this time. Any error the court has made in finding entitlement to fees can be reviewed on appeal from a final order determining the amount. Winkelman v. Toll, 632 So. 2d 130, 131 (Fla. 4th DCA 1994).CONNER, C.J., DAMOORGIAN and KUNTZ, JJ., concur.
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| Docket Date |
2022-04-12
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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| Docket Date |
2022-04-11
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| Type |
Order
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| Subtype |
Order on Motion to Consolidate
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| Description |
ORD-Granting Consolidation ~ ORDERED that this Court's April 5, 2022 order requiring jurisdictional briefing is discharged. Case number 4D22-906 is consolidated for all purposes with case number 4D22-895. The non-final order is not appealable.
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| Docket Date |
2022-03-31
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgment letter
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| Docket Date |
2022-03-30
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
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| On Behalf Of |
Chris Kleppin
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| Docket Date |
2022-03-30
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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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| Docket Date |
2022-03-30
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
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