| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432010CA1329
|
Parties
| Name |
ZW & ARTS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
George C. Gaskell
|
|
| Name |
VILA'S DINING ENTERPRISES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SYLVIA A. SPARLER, ROBERT LEE SAYLOR
|
|
| Name |
MAGDA VILARINO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RAMON E. VILARINO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. F. SHIELDS MCMANUS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-05-11
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED** ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before May 23, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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.
|
|
| Docket Date |
2016-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court's April 15, 2016 order is vacated. FurtherORDERED that appellant's April 11, 2016 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 2, 2016. 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 |
2016-04-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ **VACATED** ORDERED that appellant's April 11, 2016 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2016-04-11
|
| 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 |
ZW & ARTS, LLC
|
|
| Docket Date |
2016-04-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
ZW & ARTS, LLC
|
|
| Docket Date |
2016-05-23
|
| 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 |
ZW & ARTS, LLC
|
|
| Docket Date |
2016-06-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-06-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Appellant has failed to comply with this court's June 9, 2016 order to file the initial brief by June 10, 2016. Further, no record has been filed, and appellant has repeatedly disobeyed this court's orders and deadlines. Accordingly, this appeal is dismissed for lack of prosecution.WARNER, TAYLOR and GERBER, JJ., concur.
|
|
| Docket Date |
2016-06-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
VILA'S DINING ENTERPRISES, INC.
|
|
| Docket Date |
2016-06-09
|
| 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 June 2, 2016 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 10, 2016. 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 |
2016-06-02
|
| 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 |
ZW & ARTS, LLC
|
|
| Docket Date |
2016-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellant's response filed May 23, 2016, this court's May 11, 2016 order to show cause is discharged. Further,ORDERED that appellant's May 23, 2016 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 2, 2016. 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 |
2016-05-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
ZW & ARTS, LLC
|
|
| Docket Date |
2016-03-30
|
| Type |
Order
|
| Subtype |
Show Cause
|
| 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 11, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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.
|
|
| Docket Date |
2016-01-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-01-12
|
| 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. 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 |
2016-01-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ZW & ARTS, LLC
|
|
| Docket Date |
2016-01-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
