Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-018022
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Parties
Name |
Estate of Arthur A. Faber
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Eric B. Faber
|
Role |
Appellant
|
Status |
Active
|
|
Name |
K.I.T. FINANCIAL SERVICES, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ARK FINANCIAL GROUP LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ARK EQUITY GROUP, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Robert F. Reynolds
|
|
Name |
Joseph Kodsi
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Nicholas Lopane
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-01-22
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellant, Eric B. Farber's December 23, 2020 motion for rehearing is denied.
|
|
Docket Date |
2020-12-23
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ 2nd CORRECTED
|
On Behalf Of |
Eric B. Faber
|
|
Docket Date |
2020-12-22
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ **SEE CORRECTED MOTION**
|
On Behalf Of |
Eric B. Faber
|
|
Docket Date |
2020-12-07
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellants’ November 5, 2020 jurisdictional brief, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. Agere Systems Inc. v. All American Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) (“An order that simply denies a motion for rehearing of an underlying non-final order, is not itself an appealable order.”); Nationwide Ins. Co. v. Forrest, 682 So. 2d 672, 673 (Fla. 4th DCA 1996) (stating that an order denying a motion for rehearing is not an appealable order).WARNER, CONNER and FORST, JJ., concur.
|
|
Docket Date |
2020-12-07
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2020-11-05
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
Eric B. Faber
|
|
Docket Date |
2020-10-26
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellants 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. Appellants shall specifically address the recent procedural posture of the case in the lower tribunal, what order or judgment is being appealed, and how that order or judgment is appealable; further, Appellees may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2020-09-17
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Eric B. Faber
|
|
Docket Date |
2020-08-31
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ August 28, 2020 jurisdictional statement is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service. You are notified of the requirement to serve the appellees with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellees.Appellants may re-file the document with a proper certificate of service which indicates service on the appellees within fifteen (15) days from the date of this order.
|
|
Docket Date |
2020-08-28
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief ~ **STRICKEN**
|
On Behalf Of |
Eric B. Faber
|
|
Docket Date |
2020-08-18
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellants 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. Appellants shall specifically address the procedural history of the case in the lower tribunal, what order or judgment is being appealed, and how that order or judgment is appealable; further,Appellees may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2020-08-17
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2020-08-17
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-08-14
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Eric B. Faber
|
|
Docket Date |
2020-08-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
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