LUIS RODRIGUEZ VS DEPARTMENT OF REVENUE, KRISTINA RIVERA, AND ESTATE OF CAROLYN BOWMAN
|
5D2022-2417
|
2022-10-07
|
Closed
|
|
Classification |
NOA Final - Administrative - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Administrative Agency
1251423841
|
Parties
Name |
LUIS RODRIGUEZ, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Clerk Department of Revenue
|
Role |
Appellee
|
Status |
Active
|
Representations |
Toni C. Bernstein
|
|
Name |
Kristina Rivera
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Estate of Carolyn Bowman
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Volusia Cty Circuit Crt Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-01-20
|
Type |
Disposition (SC)
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ FAILURE TO PROSECUTE
|
|
Docket Date |
2023-02-13
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD E-FILING
|
|
Docket Date |
2023-02-13
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2023-01-20
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ FAILURE TO PROSECUTE
|
|
Docket Date |
2023-01-20
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Dismissing Appeal
|
|
Docket Date |
2022-12-29
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DYS; ROA FILED; OTSC DISCHARGED
|
|
Docket Date |
2022-12-27
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 105 PAGES
|
On Behalf Of |
Clerk Department of Revenue
|
|
Docket Date |
2022-12-07
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ AA W/IN 10 DYS
|
|
Docket Date |
2022-10-12
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
order appealed
|
|
Docket Date |
2022-10-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-10-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED HERE 10/7/22
|
On Behalf Of |
Luis Rodriguez
|
|
Docket Date |
2022-10-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2022-10-07
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Administrative (300)
|
|
|
LUIS RODRIGUEZ and JORGE RODRIGUEZ VS JUAN RODRIGUEZ, et al.
|
4D2022-1978
|
2022-07-22
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-024427
|
Parties
Name |
LUIS RODRIGUEZ, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JORGE RODRIGUEZ, PLLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Blanca Covelli
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JUAN RODRIGUEZ LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael R. Tolley
|
|
Name |
MANUEL RODRIGUEZ LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Ketty Lopez
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Lola Livelli
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Carol-Lisa Phillips
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-06-12
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-06-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-05-18
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2022-12-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Jorge Rodriguez
|
|
Docket Date |
2022-11-08
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellants' motion for extension filed November 7, 2022, this court's October 28, 2022 order to show cause is discharged. Further,ORDERED that appellants' motion for extension of time is granted, and appellants shall serve the initial brief within thirty (30) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2022-11-07
|
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 |
Luis Rodriguez
|
|
Docket Date |
2022-10-28
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED***ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before November 7, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' 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 |
2022-09-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 339 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2022-07-25
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2022-07-25
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-07-22
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Luis Rodriguez
|
|
Docket Date |
2022-07-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
JORGE L. RODRIGUEZ and LUIS RODRIGUEZ VS JUAN RODRIGUEZ
|
4D2021-1806
|
2021-06-04
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-024427
|
Parties
Name |
LUIS RODRIGUEZ, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JORGE RODRIGUEZ, PLLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JUAN RODRIGUEZ LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael R. Tolley
|
|
Name |
Hon. Carol-Lisa Phillips
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-04-11
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ April 1, 2022 motion for rehearing is denied.
|
|
Docket Date |
2022-04-11
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-04-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR REHEARING
|
On Behalf Of |
Juan Rodriguez
|
|
Docket Date |
2022-04-01
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
Luis Rodriguez
|
|
Docket Date |
2022-04-29
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-03-17
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney's Fees ~ ORDERED that the appellee's January 26, 2022 motion for attorney's fees is granted in part. The circuit court shall award attorneys' fees in accordance with section 64.081, Florida Statutes. See also Vergne v. Glidewell, 284 So. 3d 573, 574 (Fla. 4th DCA 2019); Sherman v. Sherman, 279 So.3d 188 (Fla. 4th DCA 2019) (Conner, J., concurring) (“The case law interpreting section 64.081 makes clear that costs incurred by both parties in partition actions are to be paid in proportion to the party's interest in the property, subject to adjustment based on equitable principles.”). If a motion for rehearing is filed in this court, then services rendered in connection with the filing of 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 |
2022-03-17
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2022-02-10
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Jorge Rodriguez
|
|
Docket Date |
2022-02-10
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ "APPELLANTS MOTION TO DENY ATTORNEY'S FEES"
|
On Behalf Of |
Jorge Rodriguez
|
|
Docket Date |
2022-01-26
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 2/10/22)
|
On Behalf Of |
Juan Rodriguez
|
|
Docket Date |
2022-01-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Juan Rodriguez
|
|
Docket Date |
2022-01-10
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Jorge Rodriguez
|
|
Docket Date |
2021-12-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellants’ December 9, 2021 “compliance of court order,” this Court’s November 30, 2021 order to show cause is discharged. Further,ORDERED that appellants’ December 9, 2021 “compliance of court order” is treated as a motion for extension of time to file initial brief and is granted. Appellants shall serve the initial brief within thirty (30) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2021-12-09
|
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 |
Luis Rodriguez
|
|
Docket Date |
2021-11-30
|
Type |
Motions Other
|
Subtype |
Motion To Compel
|
Description |
Motion To Compel ~ APPELLANTS TO FILE INITIAL BRIEF
|
On Behalf Of |
Juan Rodriguez
|
|
Docket Date |
2021-11-30
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 12/10/2021**Upon consideration of appellees' November 30, 2021 motion to compel, it is ORDERED that appellants in the above-styled case are 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 appellants' 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 |
2021-09-29
|
Type |
Order
|
Subtype |
Order on Motion To Compel
|
Description |
Order Denying Motion to Compel ~ ORDERED that the appellee's September 8, 2021 motion to compel is denied as moot as the record on appeal was filed with this court on September 28, 2021.
|
|
Docket Date |
2021-09-28
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 87 PAGES (PAGES 1-78)
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2021-09-13
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
Order Vacated ~ ORDERED that, upon consideration of appellants' September 3, 2021 notice of filing, this Court's June 7, 2021 and July 7, 2021 orders are vacated. This appeal shall proceed from the August 27, 2021 final judgment. Further,ORDERED that, appellants shall file a response, within ten (10) days from the date of this order, to appellee’s September 8, 2021 motion to compel.
|
|
Docket Date |
2021-09-08
|
Type |
Motions Other
|
Subtype |
Motion To Compel
|
Description |
Motion To Compel ~ APPELLANTS TO COMPLY WITH RULE 9.200(e)
|
On Behalf Of |
Juan Rodriguez
|
|
Docket Date |
2021-09-03
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ FINAL JUDGEMENT
|
On Behalf Of |
Jorge Rodriguez
|
|
Docket Date |
2021-08-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellants' July 2, 2021 motion for extension of time is granted, and appellants shall comply with this court’s June 7, 2021 order to obtain a final order within thirty (30) days from the date of this order.
|
|
Docket Date |
2021-08-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ CIRCUIT COURT ORDER SETTING CASE MANANGEMENT CONFERENCE IS ATTACHED
|
On Behalf Of |
Jorge Rodriguez
|
|
Docket Date |
2021-07-27
|
Type |
Order
|
Subtype |
Show Cause re Compliance with Prior Order
|
Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellants are 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 or other sanctions imposed for failure to comply with this court's June 7, 2021 order requiring appellants to obtain a final order and to file a copy in this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2021-07-19
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2021-07-07
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
AA - File Statement for Basis of Jurisdiction ~ **VACATED, SEE 09/13/2021 ORDER** 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 order on appeal is an appealable order since additional judicial labor is contemplated in the order granting summary judgment and the circuit court has scheduled a case management conference for August 11, 2021. Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2021-07-02
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO RESPOND TO THE JUNE 7, 2021 DOBRICK ORDER
|
On Behalf Of |
Jorge Rodriguez
|
|
Docket Date |
2021-06-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Juan Rodriguez
|
|
Docket Date |
2021-06-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-06-07
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ **VACATED, SEE 09/13/2021 ORDER**It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also 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.").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 |
2021-06-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2021-06-04
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Jorge Rodriguez
|
|
|
CHRISTIE WEAVER VS LUIS RODRIGUEZ
|
4D2020-0153
|
2020-01-16
|
Closed
|
|
Classification |
NOA Final - Circuit Family - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
FMCE18-8836
|
Parties
Name |
Christie Weaver
|
Role |
Appellant
|
Status |
Active
|
|
Name |
LUIS RODRIGUEZ, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Nathan Kohley
|
|
Name |
Hon. Tarlika Navarro
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-02-24
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ **STRICKEN**
|
On Behalf Of |
Christie Weaver
|
|
Docket Date |
2020-11-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2020-11-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2020-10-15
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2020-04-13
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Christie Weaver
|
|
Docket Date |
2020-03-30
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Christie Weaver
|
|
Docket Date |
2020-03-10
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (250 PAGES)
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-02-26
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's February 24, 2020 motions are stricken as unauthorized without prejudice to filing a proper pleading directed to this court.
|
|
Docket Date |
2020-02-07
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Christie Weaver
|
|
Docket Date |
2020-01-31
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status ~ **NOT INDIGENT**
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-01-24
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ ***CERTIFIED COPY***
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-01-17
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status ~ **NOT DETERMINED BY LT**
|
On Behalf Of |
Christie Weaver
|
|
Docket Date |
2020-01-17
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-01-16
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Christie Weaver
|
|
Docket Date |
2020-01-16
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Type |
Misc. Events
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Subtype |
Miscellaneous Trial Court Order
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Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ REPORT & RECOMMENDATION OF GENERAL MAGISTR.
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Docket Date |
2020-07-07
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Type |
Order
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Subtype |
Order Dispensing with Oral Argument
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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.
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Docket Date |
2020-04-08
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Type |
Order
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Subtype |
Show Cause
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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, on or before April 20, 2020, 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.
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Docket Date |
2020-02-03
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Type |
Order
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Subtype |
Order on Filing Fee
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Description |
ORD-Pay Filing Fee - pro se 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 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, appellant shall pay the $300.00 filing fee within ten (10) days from the date of the entry 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.**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.
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LUIS E. RODRIGUEZ VS STATE OF FLORIDA
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4D2018-3299
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2018-11-07
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Closed
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Classification |
NOA Final - Circuit Criminal - 3.850 Summary
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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
12-13719 CF10A
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Parties
Name |
LUIS RODRIGUEZ, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Attorney General-W.P.B., Jeanine Marie Germanowicz
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|
Name |
Hon. Geoffrey D. Cohen
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
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Docket Entries
Docket Date |
9999-01-11
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ RETURNED MAIL FOR AA
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|
Docket Date |
2020-03-27
|
Type |
Order
|
Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
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Description |
Order Per Section 16(b)(10)b., Fla. Const. - Time Expired ~ Article I, section 16(b)(10)b. of the Florida Constitution provides that all state-level appeals and collateral attacks on any judgment must be complete within two years of the date of appeal in non-capital cases and five years from the date of appeal in capital cases unless a court enters an order with specific findings as to why the court was unable to comply and the circumstances causing the delay. Pursuant to the administrative procedures and definitions set forth in Supreme Court of Florida Administrative Order No. AOSC19-76, this case was not completed within the time frame required by Article I, section 16(b)(10)b. because the applicable time frame had already expired by the time this case was filed. Therefore, the Court is required to issue this order. The parties to this case are advised that no further action is necessary, and this case is completed and no further filings will be entertained.
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Docket Date |
2020-01-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
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|
Docket Date |
2019-12-12
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
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|
Docket Date |
2019-12-12
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's November 18, 2019 motion for rehearing is denied.
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|
Docket Date |
2019-11-18
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
Luis Rodriguez
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|
Docket Date |
2019-10-31
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
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|
Docket Date |
2019-09-17
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Luis Rodriguez
|
|
Docket Date |
2019-09-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Reply to Response
|
Description |
Grant EOT to Reply to Response ~ ORDERED that appellant’s September 6, 2019 motion for extension of time is granted, and the time for filing a reply to the response is extended ten (10) days from the date of this order.
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|
Docket Date |
2019-09-06
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Motion Extension of TimeTo Reply To Response
|
On Behalf Of |
Luis Rodriguez
|
|
Docket Date |
2019-08-23
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
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On Behalf Of |
State of Florida
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|
Docket Date |
2019-08-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that Appellee’s August 14, 2019 motion for extension of time is granted, and the time for filing a response is extended five (5) days from the date of this order; further, ORDERED that Appellant may file a reply within ten (10) days thereafter.
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Docket Date |
2019-08-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
State of Florida
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|
Docket Date |
2019-07-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that Appellee’s July 8, 2019 motion for extension of time is granted, and the time for filing a response is extended thirty (30) days from the date of this order; further, ORDERED that Appellant may file a reply within ten (10) days thereafter.
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|
Docket Date |
2019-07-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2019-06-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that Appellee’s June 6, 2019 motion for extension of time is granted, and the time for filing a response is extended thirty (30) days from the date of this order; further, ORDERED that Appellant may file a reply within ten (10) days thereafter.
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|
Docket Date |
2019-06-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2019-05-30
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 913 PAGES **CONFIDENTIAL**
|
On Behalf Of |
Clerk - Broward
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|
Docket Date |
2019-05-30
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF CLERK
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On Behalf Of |
Clerk - Broward
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|
Docket Date |
2019-05-23
|
Type |
Order
|
Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
Description |
Order Directing Clerk to File Unredacted Record ~ ORDERED that appellee’s May 22, 2019 motion for an order directing the clerk of the lower tribunal to file an unredacted version of the record on appeal is granted. The clerk of the lower tribunal shall file an unredacted version of the record on appeal within five (5) days from the date of this order. When filing the unredacted version of the record, the clerk of the lower tribunal shall indicate on the front cover of the document that the record is unredacted and confidential.
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|
Docket Date |
2019-05-22
|
Type |
Motions Relating to Records
|
Subtype |
Motion for Unredacted Record on Appeal
|
Description |
Motion to Direct the LT Clerk to File Unredacted Record
|
On Behalf Of |
State of Florida
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|
Docket Date |
2019-05-17
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee File Response-3.850 ~ ORDERED that appellee, the State of Florida, shall file a response within twenty (20) days and show cause why the trial court's order denying appellant's Florida Rule of Criminal Procedure 3.850 motion should not be remanded to the trial court for an evidentiary hearing or for the attachment of records conclusively refuting appellant’s Grounds B, C, and D claims; further, ORDERED that appellant may file a reply within twenty (20) days of service of the response.
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|
Docket Date |
2019-03-26
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 913 PAGES
|
On Behalf Of |
Clerk - Broward
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|
Docket Date |
2019-03-21
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF CLERK
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2019-02-20
|
Type |
Order
|
Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
Description |
Order Directing Party to File Supplemental ROA ~ ORDERED that within twenty (20) days, the clerk of the circuit court shall file a supplemental record containing the following: State’s response to defendant’s amended motion for post-conviction relief adopted by the trial court in its September 13, 2018 order denying relief.
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|
Docket Date |
2019-02-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Luis Rodriguez
|
|
Docket Date |
2018-12-26
|
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 December 21, 2018 motion for extension of time is granted, and appellant may serve the initial brief within forty-five (45) days from the date of this order.
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|
Docket Date |
2018-12-21
|
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 |
Luis Rodriguez
|
|
Docket Date |
2018-12-11
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's December 10, 2018 motion for extension of time is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that there is no certificate of service. All certificates of service shall contain the name and physical address of the person served. You are notified of the requirement to serve the Attorney General's Office with a copy of everything you file with this court and to indicate in the certificate of service that you served the Attorney General's Office at the address below. The address is:Department of Legal Affairs1515 North Flagler Drive, Suite 900West Palm Beach, Florida 33401Appellant may re-file the document with a proper certificate of service which indicates service on the Attorney General's Office within fifteen (15) days from the date of this order.
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|
Docket Date |
2018-12-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ ***STRICKEN 12/11/18***
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On Behalf Of |
Luis Rodriguez
|
|
Docket Date |
2018-11-27
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's November 26, 2018 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that the certificate of service is incomplete. All certificates of service shall contain the name and physical address of the person served. You are notified of the requirement to serve the Attorney General's Office with a copy of everything you file with this court and to indicate in the certificate of service that you served the Attorney General's Office at the address below. The address is:Department of Legal Affairs1515 North Flagler Drive, Suite 900West Palm Beach, Florida 33401Appellant may re-file the document with a proper certificate of service which indicates service on the Attorney General's Office within fifteen (15) days from the date of this order.
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|
Docket Date |
2018-11-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ ***STRICKEN 11/27/18***
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On Behalf Of |
Luis Rodriguez
|
|
Docket Date |
2018-11-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2018-11-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF1:No Fee-3.850
|
|
Docket Date |
2018-11-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Summary Record
|
|
Docket Date |
2018-11-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Luis Rodriguez
|
|
|