Docket Date |
2019-05-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
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Docket Date |
2019-04-01
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-DENYING REHEARING
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Docket Date |
2019-03-12
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ IN OPPOSITION TO APPELLANT'S WRITTEN OPINION MOTION
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On Behalf Of |
DOWNTOWN ST. PETE PROPERTIES, LLC
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Docket Date |
2019-03-01
|
Type |
Order
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Subtype |
Order on Motion for Extension of Time
|
Description |
Grant EOT (general)-74c ~ Appellee First Street and Fifth Avenue, LLC's motion for extension of time to respond to appellant's written opinion motion is granted until March 12, 2019.
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Docket Date |
2019-02-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion Extension of time To File Response ~ TO APPELLANT'S WRITTEN OPINION MOTION
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On Behalf Of |
DOWNTOWN ST. PETE PROPERTIES, LLC
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|
Docket Date |
2019-02-12
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Written Opinion
|
Description |
Motion for Written Opinion ~ MOTION FOR ENTRY OF WRITTEN OPINION AND FOR REHEARING OF ORDER GRANTING ENTITLEMENT TO APPELLATE ATTORNEYS' FEES ENTERED 1-30-19
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On Behalf Of |
JUGAL K. TANEJA
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|
Docket Date |
2019-01-30
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
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|
Docket Date |
2019-01-30
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellee First Street and Fifth Avenue, LLC, moves for appellate attorney's fees. The motion is granted as to entitlement for a reasonable amount to be determined by the trial court.
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Docket Date |
2019-01-16
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
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|
Docket Date |
2019-01-11
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-SUA SPONTE ~ As the parties are aware, case numbers 2D18-236 and 2D17-3451 are traveling together and sharing the record on appeal for oral argument on January 16, 2019. The parties are advised that the cases will be treated as one case at oral argument. That is, each side will be allowed a total of 20 minutes to address all issues raised in both cases.
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|
Docket Date |
2018-11-07
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, JANUARY 16, 2019, at 9:30 A.M., before: Judge Nelly N. Khouzam, Judge Daniel H. Sleet, Judge John L. Badalamenti. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
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|
Docket Date |
2018-09-11
|
Type |
Order
|
Subtype |
Order on Motion For Continuation of Oral Argument
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Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellant’s motion filed September 10, 2018, for continuance of oral argument is granted. Oral argument scheduled for November 27, 2018, is cancelled and will be rescheduled for a later date.
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|
Docket Date |
2018-09-10
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion For Continuation of Oral Argument
|
Description |
Motion For Continuation of Oral Argument
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2018-09-06
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, NOVEMBER 27, 2018, at 9:30 A.M., before: Judge Edward C. LaRose, Judge Nelly N. Khouzam, Judge John L. Badalamenti. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
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|
Docket Date |
2018-06-12
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - 242 PAGES
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|
Docket Date |
2018-05-18
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
grant supp/short/explain procedure ~ Appellant's motion to supplement the record is granted to the extent that the appellant shall make arrangements within three days with the clerk of circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Because the record must be supplemented through the clerk of the lower tribunal as just described, the copies of the record materials attached to the motion to supplement will not be considered by this court.
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Docket Date |
2018-05-17
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief ~ ***STRICKEN***(see 05/18/18 ord)
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2018-05-17
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion Supplem/Record with/Attached
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2018-05-17
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLANT, JUGAL TANEJA'S MOTION TO WITHDRAW REPLY BRIEF AND FILE AMENDED REPLY BRIEF
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2018-04-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief ~ AMENDED
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2018-04-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motions for an extension of time are granted to the extent that Appellant may serve the reply brief in appeal 2D17-3451 by May 17, 2018.
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|
Docket Date |
2018-04-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2018-04-03
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 1172 PAGES
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|
Docket Date |
2018-03-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ This court's January 31, 2018, order to show cause is discharged. Appeal 2D18-236 will review the "final judgment in favor of First Street and Fifth Avenue LLC on Taneja counterclaim" entered on February 7, 2018. See also Fla. R. App. P. 9.110(k) (last sentence).By its own motion the court consolidates the two above-captioned appeals for record purposes. The two appeals shall also travel together to the same merits panel. The parties shall file separate motions and briefs in the two appeals. The appellant's motion for extension of time filed in appeal 2D17-3451 is granted. The reply brief shall be served within 30 days of the date of this order.
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|
Docket Date |
2018-03-09
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT, JUGAL K. TANEJA'S RESPONSE TO ORDER DATED FEBRUARY 28, 2018
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On Behalf Of |
JUGAL K. TANEJA
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|
Docket Date |
2018-03-02
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
DOWNTOWN ST. PETE PROPERTIES, LLC
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|
Docket Date |
2018-02-28
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The court has reviewed the appellant's response filed on February 9, 2018, and has preliminarily reviewed the large record on appeal. Within 10 days of the date of this order the appellant shall supplement his response with a clarification as to whether all counts and counterclaims involving the appellant have been resolved. See Fla. R. App. P. 9.110(k).
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|
Docket Date |
2018-02-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2018-02-09
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT, JUGAL K. TANEJA'S RESPONSE TO ORDER DATED JANUARY 31, 2018
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2018-01-31
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
Deny Consolidation-75d ~ Within 10 days of the date of this order the appellant shall show cause why appeal 2D18-236 should not be dismissed as from a nonappealable nonfinal order and as untimely. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006) ("[A]n order merely granting a motion for summary judgment is not a final order."); Better Gov't Ass'n of Sarasota County v. State, 802 So. 2d 414 (Fla. 2d DCA 2001); Richardson v. Watson, 611 So. 2d 1254, 1255 (Fla. 2d DCA 1992) ("Unlike an authorized and timely motion directed to a final order, a motion for reconsideration or rehearing of a nonfinal order does not toll the time for filing a notice of appeal or petition for a writ."). Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. Should appellant provide this court with such an appealable, final order within 20 days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order"). The appellant shall also address the rule 9.110(k) considerations described in the last paragraph of the present order. If appellant fails to present an appealable order within that time frame, or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice. The appellee First Street and Fifth Avenue, LLC's motion to consolidate the two above-caption appeals filed in case 2D17-3451 is denied without prejudice. Within 10 days of the date of this order the appellant shall address this court's jurisdiction over each of the several orders attached to the notice of appeal in case 2D17-3451. The "order granting FSFA final summary judgment of foreclosure against remaining defendants on count 1 of complaint" appears to suffer from the same infirmities identified in the first paragraph of the present order, in terms of both finality and timeliness. It does not appear that the final judgment of foreclosure serves to finalize the order granting summary judgment, as multiple counts are involved. Additionally, to the extent that the order granting summary judgment can be considered final as to the count(s) addressed in the order, the appellant shall address whether the order is appealable under Florida Rule of Appellate Procedure 9.110(k). In addressing this latter issue, the appellant shall also take into consideration the fact that appeal 2D18-236 may not survive, leaving a counterclaim that is potentially compulsory unresolved. See Hargrove v. Meadows Dev. of Nw. Florida, Inc., 869 So. 2d 1275 (Fla. 1st DCA 2004).
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|
Docket Date |
2018-01-26
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate
|
On Behalf Of |
DOWNTOWN ST. PETE PROPERTIES, LLC
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|
Docket Date |
2018-01-23
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLANT JUGAL K. TANEJA'S MEMORANDUM IN OPPOSITION TO APPELLEE FSFA'S MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2018-01-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved within 30 days.
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|
Docket Date |
2018-01-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2018-01-15
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
DOWNTOWN ST. PETE PROPERTIES, LLC
|
|
Docket Date |
2018-01-10
|
Type |
Brief
|
Subtype |
Appendix
|
Description |
Appendix for Answer Brief
|
On Behalf Of |
DOWNTOWN ST. PETE PROPERTIES, LLC
|
|
Docket Date |
2017-12-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee First Street and Fifth Avenue, LLC's motion for extension of time is granted, and the answer brief shall be served by January 10, 2018.
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|
Docket Date |
2017-12-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
DOWNTOWN ST. PETE PROPERTIES, LLC
|
|
Docket Date |
2017-11-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2017-11-20
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2017-10-26
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ SCHAEFER - 6955 PAGES
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|
Docket Date |
2017-10-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by November 20, 2017.
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|
Docket Date |
2017-10-16
|
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 |
JUGAL K. TANEJA
|
|
Docket Date |
2017-09-14
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ INCLUDING AMENDED CERTIFICATE OF SERVICE
|
|
Docket Date |
2017-09-07
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2017-09-07
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2017-08-25
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2017-08-25
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2017-08-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JUGAL K. TANEJA
|
|
Docket Date |
2017-08-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|