| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-025178
|
Parties
| Name |
OFER GAZIT
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Yanina Zilberman, Bernard L. Egozi
|
|
| Name |
GUY SHOSHAN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JENNIFER B. NICOLE, Michael Walter Marcil
|
|
| Name |
G.S INVESTMENT GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Raag Singhal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-11-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-11-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s November 7, 2019 jurisdictional statement and appellee’s November 8, 2019 response, it is ORDERED that the above-styled appeal is dismissed for lack of subject matter jurisdiction. This court determines that the “order on plaintiff/petitioner Ofer Gazit’s motion for revocation of notice of election and discontinuance of dissolution proceeding” was both untimely appealed and a nonfinal, nonappealable order. See Fla. R. App. P. 9.130. Further, the September 18, 2019 “order on defendant Guy Shoshan’s motion to determine the fair value of the petitioner’s interest” is a nonfinal, nonappealable order. See Taddie Underground Utility Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986); Mendez v. West Flagler Family Ass’n, Inc., 303 So. 2d 1, 5 (Fla. 1974). Finally, the October 11, 2019 “order on plaintiff’s motion for rehearing” is also a nonappealable order. See Stubbs v. Fed. Nat’l Mortgage Ass’n, 250 So. 3d 151, 152 (Fla. 2d DCA 2018) (“[A] rule 1.540 motion directed to a non-final order is improper and leaves us without jurisdiction to review the denial of the motion to vacate.”).LEVINE, C.J., MAY and FORST, JJ., concur.
|
|
| Docket Date |
2019-11-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
GUY SHOSHAN
|
|
| Docket Date |
2019-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GUY SHOSHAN
|
|
| Docket Date |
2019-11-07
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
OFER GAZIT
|
|
| Docket Date |
2019-10-28
|
| 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:(1) "order on plaintiff/petitioner Ofer Gazit's motion for revocation of notice of election and discontinuance of dissolution proceeding" is both timely and appealable;(2) "order on defendant Guy Shoshan's motion to determine the fair value of the petitioner's interest" is an appealable order, as it disposes of counts II and III but counts I and IV remain pending, see Taddie Underground Utility Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986) (as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); and(3) portion of the "order on plaintiff's motion for rehearing" that denies the motion to vacate is appealable, see Stubbs v. Fed. Nat'l Mortgage Ass'n, 250 So. 3d 151, 152 (Fla. 2d DCA 2018) (“[A] rule 1.540 motion directed to a non-final order is improper and leaves us without jurisdiction to review the denial of the motion to vacate.”).Further, appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-10-23
|
| 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, or a circuit court clerk's determination of indigent status, 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 that appellant shall pay the $300.00 filing fee or file the circuit court 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-10-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-10-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
OFER GAZIT
|
|
| Docket Date |
2019-10-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-10-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
OFER GAZIT
|
|
|
