Docket Date |
2022-08-09
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Type |
Motions Other
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Subtype |
Motion/Notice Voluntary Dismissal
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Description |
Notice of Voluntary Dismissal ~ ***STIPULATION***
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On Behalf Of |
Ocean Harbor Casualty Insurance Company
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Docket Date |
2022-08-11
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Type |
Order
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Subtype |
Order
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Description |
ORD-Moot ~ ORDERED that appellant's July 26, 2022 motion to stay is determined to be moot.
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Docket Date |
2022-08-09
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Type |
Disposition
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Subtype |
Dismissed
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Description |
Dismissed - Order by Clerk
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Docket Date |
2022-07-26
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Type |
Motions Other
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Subtype |
Motion To Stay
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Description |
Motion To Stay
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On Behalf Of |
West Delray Collision Center, LLC
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Docket Date |
2022-07-18
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Type |
Response
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Subtype |
Response
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Description |
Response ~ TO JURISDICTIONAL BRIEF
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On Behalf Of |
Ocean Harbor Casualty Insurance Company
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Docket Date |
2022-07-06
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Type |
Misc. Events
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Subtype |
Case Filing Fee Paid through Portal
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Description |
Case Filing Fee Paid Through Portal
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On Behalf Of |
Ocean Harbor Casualty Insurance Company
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Docket Date |
2022-07-06
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Type |
Notice
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Subtype |
Notice of Appearance
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Description |
Notice of Appearance
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On Behalf Of |
Ocean Harbor Casualty Insurance Company
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Docket Date |
2022-07-06
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Type |
Brief
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Subtype |
Jurisdictional Brief
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Description |
Jurisdictional Brief
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On Behalf Of |
West Delray Collision Center, LLC
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Docket Date |
2022-07-01
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
FP:Fee Paid Through Portal
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Docket Date |
2022-07-01
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Type |
Order
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Subtype |
Order on Filing Fee
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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 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 that 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 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 lower tribunal clerk's determination of indigent status is filed.
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|
Docket Date |
2022-07-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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|
Docket Date |
2022-07-01
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
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On Behalf Of |
West Delray Collision Center, LLC
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|
Docket Date |
2022-08-09
|
Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
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Docket Date |
2022-07-26
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Type |
Order
|
Subtype |
Order Relinquishing Jurisdiction
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Description |
Jurisdiction Relinquished ~ It appearing that the order to which the Notice of Appeal is directed is a non–appealable, non–final order, appellant 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 Gibson v. Siskind, 330 So. 3d 560, 561 (Fla. 4th DCA 2021) (holding the "prejudgment denial of a claim for attorney's fees is not an appealable final order").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.
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Docket Date |
2022-07-05
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Type |
Order
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Subtype |
Order to File Response re Jurisdiction
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Description |
AA - File Statement for Basis of Jurisdiction ~ 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 May 16 and June 24, 2022 orders are appealable final or nonfinal orders, as no final judgment has been entered and the trial court denied a motion to enter a final judgment; and whether the June 7, 2022 order is an appealable final or nonfinal order, as it appears the order merely denies a motion for rehearing directed towards a nonfinal order. See Gibson v. Siskind, 330 So. 3d 560, 561 (Fla. 4th DCA 2021) (holding the "prejudgment denial of a claim for attorney's fees is not an appealable final order"); Agere Sys. Inc. v. All Am. Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) ("[A]n order that simply denies a motion for reconsideration or rehearing of an underlying non-final order . . . is not in itself an appealable order."). Further,Appellee may file a response within ten (10) days of service of that statement.
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