Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA001007XXXXMB AF
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Parties
Name |
THOMAS OGLESBY LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Noah B. Tennyson
|
|
Name |
BRINY BREEZES INC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael D. Bogen, Kyle Mixson
|
|
Name |
WAYNE RYDER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
DEAN RYDER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Edward L. Artau
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-07-18
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Prevailing ~ Upon consideration of appellant’s July 2, 2019 response in opposition, it is ORDERED that appellee’s June 28, 2019 motion for appellate attorney’s fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney’s fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
Docket Date |
2019-07-02
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
THOMAS OGLESBY
|
|
Docket Date |
2019-06-28
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
BRINY BREEZES, INC.
|
|
Docket Date |
2019-06-18
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2019-06-18
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s May 30, 2019 jurisdictional brief and appellees’ June 10, 2019 response, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. Neptune v. Boncroft, 110 So. 3d 537, 538 (Fla. 4th DCA 2013) (orders granting motions to dismiss and affording leave to amend are nonfinal and non-appealable). Further,ORDERED that appellant’s June 7, 2019 motion for relinquishment of appellate jurisdiction is denied as moot. TAYLOR, MAY and FORST, JJ., concur.
|
|
Docket Date |
2019-06-10
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
BRINY BREEZES, INC.
|
|
Docket Date |
2019-06-07
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
THOMAS OGLESBY
|
|
Docket Date |
2019-05-30
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
THOMAS OGLESBY
|
|
Docket Date |
2019-05-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2019-05-21
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
THOMAS OGLESBY
|
|
Docket Date |
2019-05-21
|
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.
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|
Docket Date |
2019-05-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2019-05-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
THOMAS OGLESBY
|
|
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