| Classification |
NOA Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021SC024012XXXXMB
|
Parties
| Name |
Anthony Masilotti
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADVISOR LAW PLLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel Desouza, James D'Loughy
|
|
| Name |
Gibson Insurance Service Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lauren Burke
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Deny Motion to Reinstate ~ ORDERED that, upon consideration of appellees' August 2, 2023 response, appellant's July 19, 2023 motion for reinstatement is denied. See Mitchell v. State, 294 So. 2d 395, 397 (Fla. 1st DCA 1974) (explaining that an appeal which has been dismissed may be reinstated for good cause shown, but reinstatement is not appropriate where an appellant has abandoned his appeal); Bretti v. Wainwright, 225 So. 2d 516 (Fla. 1969) (explaining that appellate courts have the jurisdiction and inherent discretion to dismiss appeals and refuse their reinstatement for appellant's failure to prosecute the appeal); Johnson v. Wilkins, 118 U.S. 228 (1886) (denying motion for reinstatement filed more than three months after entry of dismissal order).
|
|
| Docket Date |
2023-08-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR REINSTATEMENT
|
| On Behalf Of |
Advisor Law PLLC
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellee Advisor Law PLLC's August 1, 2023 response 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) and as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with the Rules shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-08-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** TO APPELLANT'S MOTION FOR REINSTATEMENT
|
| On Behalf Of |
Advisor Law PLLC
|
|
| Docket Date |
2023-07-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Anthony Masilotti
|
|
| Docket Date |
2023-07-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Anthony Masilotti
|
|
| Docket Date |
2023-07-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Anthony Masilotti
|
|
| Docket Date |
2023-07-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Anthony Masilotti
|
|
| Docket Date |
2023-01-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2023-01-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-12-14
|
| 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, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that 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 |
2022-11-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 92 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL JUDGMENT
|
| On Behalf Of |
Anthony Masilotti
|
|
| Docket Date |
2022-09-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant's August 31, 2022 filing, the court finds appellant has not complied with the August 1, 2022 order requiring appellant to obtain an appealable final order. See Coral Gables Imports, Inc. v. Suarez, 306 So. 3d 348, 350 (Fla. 3d DCA 2020) ("While the use of discrete verbiage is 'not essential,' the order must contain such phrases as ‘hereby enters’ a judgment,' or similar unequivocal language of finality.'”). Appellant shall have thirty (30) days from the date of this order to obtain an appealable final order.
|
|
| Docket Date |
2022-08-31
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ ORDER TAXING ATTORNEY'S FEES, COSTS AND PREJUDGMENT INTEREST IN FAVOR OF PLAINTIFF
|
| On Behalf Of |
Anthony Masilotti
|
|
| Docket Date |
2022-08-01
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2022-07-26
|
| 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 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, 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 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 lower tribunal 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 lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Anthony Masilotti
|
|
| Docket Date |
2022-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
