| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA001937
|
Parties
| Name |
AUTO SPORT GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Gary Blonder
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ejola Christlieb Cook, Joseph J. Danenza
|
|
| Name |
LEE & AMTZIS, P.L.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric A. Lee
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Gary Blonder
|
|
| Docket Date |
2023-05-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 1, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-05-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-04-27
|
| 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, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that 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 |
2023-03-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 892 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Gary Blonder
|
|
| Docket Date |
2023-01-13
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the January 5, 2023 motion of Joseph Danenza, Esq., and the Danenza Law Group, P.A., for leave to withdraw as counsel for appellants is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc’ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Accordingly, it isORDERED that the appeal as to appellant Auto Sport Group, Inc. shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. Further, ORDERED that this case is stayed pending the above.
|
|
| Docket Date |
2023-01-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ SUPPLEMENTAL UNOPPOSED
|
| On Behalf Of |
Gary Blonder
|
|
| Docket Date |
2022-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL JUDGMENT OF LOWER TRIBUNAL
|
| On Behalf Of |
Gary Blonder
|
|
| Docket Date |
2022-12-23
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Gary Blonder
|
|
| Docket Date |
2022-11-22
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-11-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellants’ November 9, 2022 jurisdictional brief and appellee’s November 16, 2022 response, the court finds appellants’ October 18, 2022 notice of appeal was prematurely filed. Appellants shall have thirty (30) days from the date of this order to obtain a final judgment and to file a copy in this court. See § 44.104(11), Fla. Stat. (2022) (“Upon entry of final judgment by the circuit court, any party may appeal to the appropriate appellate court.”); Fla. R. App. P. 9.110(l) (“Before dismissal, the court in its discretion may grant the parties additional time to obtain a final order from the lower tribunal.”). Failure to do so will result in sua sponte dismissal of the appeal. It is further 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 |
2022-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ SUPPLEMENTAL
|
| On Behalf Of |
Gary Blonder
|
|
| Docket Date |
2022-11-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' AMENDED JURISDICTIONAL BRIEF
|
| On Behalf Of |
Lee & Amtzis, P.L.
|
|
| Docket Date |
2022-11-09
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ AMENDED - AND MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Gary Blonder
|
|
| Docket Date |
2022-11-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ November 4, 2022 jurisdictional brief and motion for extension of time is 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.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. Further, ORDERED that appellants’ November 4, 2022 jurisdictional brief and motion is also stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-11-04
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ AND MOTION FOR EXTENSION OF TIME **Stricken**
|
| On Behalf Of |
Gary Blonder
|
|
| Docket Date |
2022-11-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Gary Blonder
|
|
| Docket Date |
2022-10-25
|
| 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, 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 whether the notice of appeal was prematurely filed, as it appears no final judgment has been entered in the underlying action and a motion to confirm the arbitration award is pending. See § 44.104(11), Fla. Stat. (2022) (“Upon entry of final judgment by the circuit court, any party may appeal to the appropriate appellate court. Factual findings determined in the voluntary trial are not subject to appeal.”); Fla. R. App. P. 9.020(f) (“Order. A decision, order, judgment, decree, or rule of a lower tribunal, excluding minutes and minute book entries.”); Timmons v. Lake City Golf, LLC, 293 So. 3d 596, 598 (Fla. 1st DCA 2020) (explaining an arbitration award is not appealable until it has been confirmed by the trial court and a final judgment has been entered). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-10-19
|
| 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 |
2022-10-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Gary Blonder
|
|
| Docket Date |
2022-10-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
