| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12015588
|
Parties
| Name |
NORTH MIAMI MOTORSPORTS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Andrew T. Lavin
|
|
| Name |
BMS PARTNERS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
BEACH MOTOR SPORTS CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert E. Goldman, Ira Silver
|
|
Docket Entries
| Docket Date |
2023-01-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-01-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s November 18, 2022 jurisdictional brief and appellees’ December 19, 2022 response, this appeal is dismissed for lack of jurisdiction. See Almancenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559 (Fla. 3d DCA 2015) (dismissing an appeal from a final judgment because an interrelated counterclaim remained pending); Mendez v. W. Flagler Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974).GROSS, DAMOORGIAN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2023-01-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2864 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-01-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-12-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Beach Motor Sports Corp.
|
|
| Docket Date |
2022-12-19
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Beach Motor Sports Corp.
|
|
| Docket Date |
2022-12-07
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellant’s November 18, 2022 memorandum of law regarding subject matter jurisdiction over the order on appeal.
|
|
| Docket Date |
2022-11-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
North Miami Motorsports, LLC
|
|
| Docket Date |
2022-11-18
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
North Miami Motorsports, LLC
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's November 17, 2022 “Memorandum of Law Regarding Subject Matter Jurisdiction Over the Order on Appeal” and appendix thereto are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-11-17
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ ***STRICKEN***
|
| On Behalf Of |
North Miami Motorsports, LLC
|
|
| Docket Date |
2022-11-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ ***STRICKEN*** TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
North Miami Motorsports, LLC
|
|
| Docket Date |
2022-11-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
North Miami Motorsports, LLC
|
|
| Docket Date |
2022-11-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-11-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
North Miami Motorsports, LLC
|
|
| Docket Date |
2022-11-07
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant 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. Appellant shall specifically address how the October 4, 2022 order is an appealable final or nonfinal order, as it appears the order merely grants a motion for summary judgment, and leaves count II of the third amended complaint and a counterclaim pending. See Fla. R. App. P. 9.110(k) ("A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims."); Almancenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559 (Fla. 3d DCA 2015) (dismissing an appeal from a final judgment because an interrelated counterclaim remained pending); Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) (“An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.”); Perry v. Perry, 976 So. 2d 1151, 1153 (Fla. 4th DCA 2008) ("Piecemeal appeals are not permitted where claims are legally interrelated and substantively involve the same transaction."); Mendez v. W. Flagler Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-11-04
|
| 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.
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-013803 (25)
|
Parties
| Name |
Charles Randolph Harrell
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Julie H. Littky-Rubin
|
|
| Name |
BROWARD MOTORSPORTS, INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BMS PARTNERS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan M. Midwall, Mario Gomez, Gregory S. Glasser, Jason M. Azzarone, Lawrence E. Lafferty
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 782 PAGES (PAGES 1-753)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellee’s May 9, 2022 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 768.79, Florida Statutes (2021), 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 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 |
2022-11-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2022-07-21
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2022-06-09
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Charles Randolph Harrell
|
| View |
View File
|
|
| Docket Date |
2022-06-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's June 8, 2022 reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds the word count limitation. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order.
|
|
| Docket Date |
2022-06-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ **STRICKEN**
|
| On Behalf Of |
Charles Randolph Harrell
|
|
| Docket Date |
2022-05-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Charles Randolph Harrell
|
|
| Docket Date |
2022-05-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
BMS Partners, LLC
|
| View |
View File
|
|
| Docket Date |
2022-05-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
BMS Partners, LLC
|
|
| Docket Date |
2022-04-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Charles Randolph Harrell
|
| View |
View File
|
|
| Docket Date |
2022-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ ORDERED that appellant's March 10, 2022 motion to supplement the record is denied, and appellant’s March 10, 2022 proposed supplemental record is stricken from the docket.
|
|
| Docket Date |
2022-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BMS Partners, LLC
|
|
| Docket Date |
2022-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BMS Partners, LLC
|
|
| Docket Date |
2022-03-10
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **STRICKEN FROM DOCKET. SEE 04/04/2022 ORDER.** PROPOSED
|
| On Behalf Of |
Charles Randolph Harrell
|
|
| Docket Date |
2022-03-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Charles Randolph Harrell
|
|
| Docket Date |
2022-01-14
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Charles Randolph Harrell
|
|
| Docket Date |
2022-01-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-01-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-01-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Charles Randolph Harrell
|
|
| Docket Date |
2022-01-13
|
| 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.
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