| Docket Date |
2023-02-15
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error ~ ***STRICKEN***
|
| On Behalf Of |
Giant Properties II, LLC
|
|
| Docket Date |
2023-02-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s February 13, 2023 notice of appearance is 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 General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2023-05-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellant’s February 16, 2023 motion for attorney’s fees is determined to be moot.
|
|
| Docket Date |
2023-04-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-04-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court’s March 29, 2023 order.
|
|
| Docket Date |
2023-03-29
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the March 22, 2023 motion of Jeffrey J. Molinaro, Esq., and the law firm of Fuerst, Ittleman, David & Joseph for leave to withdraw as counsel for AVP Alternative, Inc. 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 on behalf of AVP Alternative, 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.
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|
| Docket Date |
2023-03-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION TO WITHDRAW AS APPELLANT'S COUNSEL
|
| On Behalf Of |
Giant Properties II, LLC
|
|
| Docket Date |
2023-03-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 254 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-03-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
AVP Alternative Inc.
|
|
| Docket Date |
2023-03-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that, upon consideration of appellant's February 17, 2023 response and appellee's March 7, 2023 reply, appellee's February 15, 2023 confession of error is stricken, as it does not fully confess error to all issues on appeal. See Nacius v. One W. Bank, FSB, 211 So. 3d 152, 153 (Fla. 4th DCA 2017) ("[W]e are not required to accept a confession of error."). The confession is stricken without prejudice to the appellee refiling after appellant has served its initial brief.
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|
| Docket Date |
2023-03-07
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Giant Properties II, LLC
|
|
| Docket Date |
2023-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee’s February 24, 2023 motion for extension of time is granted, and the time for filing a response to appellant’s motion for attorney’s fees and a reply to appellant’s February 17, 2023 response is extended until March 9, 2023.
|
|
| Docket Date |
2023-02-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Giant Properties II, LLC
|
|
| Docket Date |
2023-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ ORDERED that, upon consideration of appellant’s February 7, 2023 notice, appellant’s January 26, 2023 motion for review is denied as moot.
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|
| Docket Date |
2023-02-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellee is directed to reply, within ten (10) days from the date of this order, to appellant’s February 17, 2023 response.
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|
| Docket Date |
2023-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S CONFESSION OFERROR
|
| On Behalf Of |
AVP Alternative Inc.
|
|
| Docket Date |
2023-02-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
AVP Alternative Inc.
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee’s February 15, 2023 confession of error.
|
|
| Docket Date |
2023-02-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ IN SUPPORT OF MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
AVP Alternative Inc.
|
|
| Docket Date |
2023-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Giant Properties II, LLC
|
|
| Docket Date |
2023-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **Stricken**
|
| On Behalf Of |
Giant Properties II, LLC
|
|
| Docket Date |
2023-02-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF FACTS WHICH MAY RENDER EMERGENCY MOTION TO REVIEW ORDER DENYING EMERGENCY MOTION TO STAY MOOT
|
| On Behalf Of |
AVP Alternative Inc.
|
|
| Docket Date |
2023-02-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Giant Properties II, LLC
|
|
| Docket Date |
2023-01-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-01-26
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
AVP Alternative Inc.
|
|
| Docket Date |
2023-01-26
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
AVP Alternative Inc.
|
|
| Docket Date |
2023-01-26
|
| 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 |
2023-01-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ IN SUPPORT OF EMERGENCY MOTION TO REVIEW
|
| On Behalf Of |
AVP Alternative Inc.
|
|
| Docket Date |
2023-01-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-01-25
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
