| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA000941XXXX
|
Parties
| Name |
JAMES HOWELL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
David Lanier Luck, Jason Walter Gelinas
|
|
| Name |
Yanier Hernandez
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Hudson Richards
|
|
| Name |
COMMITTED TO TRUCKING LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
|
| Docket Date |
2024-10-01
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| View |
View File
|
|
| Docket Date |
2024-09-18
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-09-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
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 August 14, 2024 "Order Regarding Dismissal" is a final appealable order, as it states that the dismissal is without prejudice. See Fla. R. App. P. 9.110; see also Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014) ("Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order."); Bushweiler v. Levine, 476 So. 2d 725 (Fla. 4th DCA 1985) (dismissing appeal from an order dismissing case without prejudice because it failed to contain "magic words demonstrating finality" and did not qualify under Florida Rule of Appellate Procedure 9.130 as an appealable non-final order). Further, address, if the order is a final appealable order, how the order is timely appealed, as motions to vacate do not toll rendition of final orders. See Hatton v. Barnett Bank of Palm Beach Cnty., 550 So. 2d 65 (Fla. 2d DCA 1989) ("Motions for relief from judgments are filed pursuant to Florida Rule of Civil Procedure 1.540; motions for rehearing are filed pursuant to rule 1.530. The former do not suspend rendition of the final judgment (and therefore do not toll the time for filing an appeal) but the latter do."); further, Appellees may file a response within ten (10) days of service of that statement.
|
| View |
View File
|
|
|
