| Docket Date |
2024-11-05
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| Type |
Order
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| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
This case is set for Oral Argument on January 21, 2025, at 11:00 a.m. for 15 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal's Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at 4dca.flcourts.gov. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.
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View File
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| Docket Date |
2024-08-19
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
ORDERED that Appellee's August 16, 2024 motion for extension of time is granted in part, and Appellee shall serve the answer/cross-initial brief within ten (10) days from the date of this order. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
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| View |
View File
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| Docket Date |
2024-04-17
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORDERED that Appellant's April 16, 2024 initial brief and appendix to initial brief are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service do not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). Further, ORDERED that Appellant's April 16, 2024 appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). Amended documents in compliance with the Rules shall be filed within two (2) days from the date of this order.
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| View |
View File
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| Docket Date |
2024-04-02
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORDERED that Appellants' March 28, 2024 motion for extension of time is granted in part, and Appellants shall serve the initial brief within ten (10) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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| View |
View File
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| Docket Date |
2023-11-22
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| Type |
Order
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| Subtype |
Order Bankruptcy
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| Description |
A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that: This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then Alberto Pescatore shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed. Unless this appeal is voluntarily dismissed, Alberto Pescatore, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
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| View |
View File
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| Docket Date |
2023-10-18
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that the October 16, 2023 motion for extension of time is granted, and the parties shall comply with this court's July 14, 2023 order within thirty (30) days from the date of this order. If the parties fail to comply with this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. The parties are advised that no further extensions will be granted absent a detailed explanation for why the parties have not yet complied with this court's July 14, 2023 order and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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| View |
View File
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| Docket Date |
2023-04-19
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on April 13, 2023. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
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| Docket Date |
2023-03-31
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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 |
2024-10-05
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief
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| On Behalf Of |
Deeper Blue Sea, LLC
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| View |
View File
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|
| Docket Date |
2024-09-12
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| Type |
Recognizing Agreed Extension
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| Subtype |
Reply Brief
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| Description |
15 Days to 10/04/2024
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|
| Docket Date |
2024-09-12
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
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| Description |
Notice of Agreed Extension of Time - Reply Brief
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| On Behalf Of |
Deeper Blue Sea, LLC
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|
| Docket Date |
2024-08-20
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
Jose Luis Fernandez
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| View |
View File
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|
| Docket Date |
2024-08-16
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer/Cross-Initial Brief
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|
| Docket Date |
2024-07-15
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
30 Days to 08/19/2024
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|
| Docket Date |
2024-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer/Cross-Initial Brief
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| On Behalf Of |
Jose Luis Fernandez
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|
| Docket Date |
2024-05-17
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Answer Brief
|
| Description |
60 Days to 07/19/2024
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|
| Docket Date |
2024-05-17
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Jose Luis Fernandez
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|
| Docket Date |
2024-04-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
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|
| Docket Date |
2024-04-18
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| Type |
Record
|
| Subtype |
Appendix to Initial Brief
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| Description |
Appendix to Amended Initial Brief
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| On Behalf Of |
Deeper Blue Sea, LLC
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|
| Docket Date |
2024-04-18
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| Type |
Brief
|
| Subtype |
Amended Initial Brief
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| Description |
Amended Initial Brief
|
| On Behalf Of |
Deeper Blue Sea, LLC
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| View |
View File
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|
| Docket Date |
2024-04-16
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| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
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| On Behalf Of |
Deeper Blue Sea, LLC
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|
| Docket Date |
2024-04-16
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Deeper Blue Sea, LLC
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| View |
View File
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|
| Docket Date |
2024-04-11
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Deeper Blue Sea, LLC
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|
| Docket Date |
2024-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
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| Description |
ORDERED that Appellants' April 11, 2024 motion to supplement the record is granted, and the record is supplemented to include the February 9, 2023 hearing transcript. Said supplemental record is deemed filed as of the date of this order.
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| View |
View File
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| Docket Date |
2024-04-11
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
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|
| Docket Date |
2024-04-09
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDERED that Appellants' April 9, 2024 motion to supplement the record is granted, and the record is supplemented to include the material contained in Appellants' April 9, 2024 proposed supplemental record. Said supplemental record is deemed filed as of the date of this order.
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| View |
View File
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|
| Docket Date |
2024-04-09
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Deeper Blue Sea, LLC
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|
| Docket Date |
2024-04-09
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| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
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|
| Docket Date |
2024-04-09
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Deeper Blue Sea, LLC
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|
| Docket Date |
2024-03-28
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-02-29
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to 04/04/2024
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|
| Docket Date |
2024-02-29
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
Deeper Blue Sea, LLC
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|
| Docket Date |
2024-01-23
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Upon consideration of Appellant Alberto Pescatore's January 22, 2024 notice of filing, it is ORDERED that the stay entered on November 22, 2023, is lifted and the above-styled appeal shall proceed. Further, ORDERED that Appellants' briefing deadline will begin to run again on February 8, 2024, twenty (20) days from the date of the January 19, 2024 order dismissing the Bankruptcy Proceeding.
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| View |
View File
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|
| Docket Date |
2024-01-22
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Order of Bankruptcy Dismissal (In Compliance with November 22, 2023 Order) and Request for Clarification Regarding Tolling of Pescatore's Initial Brief Deadline
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|
| Docket Date |
2023-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Joint Notice of Filing Bankruptcy Comfort Order
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| On Behalf Of |
Deeper Blue Sea, LLC
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|
| Docket Date |
2023-10-30
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
JOINT NOTICE OF COMPLIANCE WITH JULY 14, 2023 ORDER
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|
| Docket Date |
2023-10-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
JOINT MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF COMPLIANCE
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|
| Docket Date |
2023-09-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that the September 14, 2023 joint motion for extension of time is granted, and the parties shall comply with this court's July 14, 2023 order on or before October 16, 2023.
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| View |
View File
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|
| Docket Date |
2023-09-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
JOINT MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF COMPLIANCE
|
| On Behalf Of |
Deeper Blue Sea, LLC
|
|
| Docket Date |
2023-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that the August 16, 2023 joint motion for extension of time is granted, and the parties shall comply with this court’s July 14, 2023 order on or before September 16, 2023.
|
|
| Docket Date |
2023-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ JOINT MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF COMPLIANCE
|
| On Behalf Of |
Deeper Blue Sea, LLC
|
|
| Docket Date |
2023-08-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that the July 28, 2023 joint motion for extension of time is granted, and the parties shall comply with this court’s July 14, 2023 order on or before August 17, 2023.
|
|
| Docket Date |
2023-07-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ JOINT MOTION FOR EXTENSION OF TIME TO FILE NOTICE OF COMPLIANCE
|
| On Behalf Of |
Deeper Blue Sea, LLC
|
|
| Docket Date |
2023-07-14
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that the parties shall, within fourteen (14) days from the date of this order, request that the United States Bankruptcy Court issue an order stating whether this appeal should be stayed pursuant to 11 U.S.C. § 362(a) or any other provision of the United States Bankruptcy Code. See, e.g., In re Hill, 364 B.R. 826, 828 (Bankr. M.D. Fla. 2007) (“Comfort orders serve a valuable purpose. The orders are entered primarily for a third party’s benefit, often to help a sister state court attempting to determine whether it can proceed with a pending action, such as a foreclosure.”). Upon the filing of the request in the United States Bankruptcy Court, the parties shall file a notice of compliance with this Court. Further, should the United States Bankruptcy Court enter an order on the parties’ request, the parties shall file a copy of the order with this Court within five (5) days of issuance of that order.
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|
| Docket Date |
2023-07-12
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
Deeper Blue Sea, LLC
|
|
| Docket Date |
2023-05-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 8/7/23
|
|
| Docket Date |
2023-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Deeper Blue Sea, LLC
|
|
| Docket Date |
2023-05-16
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 41 PAGES (PAGES 3,582 to 3,595)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-05-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellee/cross-appellant's May 8, 2023 motion for reinstatement of the cross-appeal is granted, and the cross-appeal is reinstated.
|
|
| Docket Date |
2023-05-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided
|
| On Behalf Of |
Jose Luis Fernandez
|
|
| Docket Date |
2023-05-08
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ AS TO THE CROSS APPEAL
|
| On Behalf Of |
Jose Luis Fernandez
|
|
| Docket Date |
2023-05-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the April 18, 2023 notice of cross appeal is dismissed for non-payment of the $295.00 filing fee.
|
|
| Docket Date |
2023-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Deeper Blue Sea, LLC
|
|
| Docket Date |
2023-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that Rodolfo Sorondo, Jr.’s April 19, 2023 motion to withdraw as counsel for appellants is granted.
|
|
| Docket Date |
2023-04-19
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Deeper Blue Sea, LLC
|
|
| Docket Date |
2023-03-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-04-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ AMENDED
|
|
| Docket Date |
2023-03-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Deeper Blue Sea, LLC
|
|
| Docket Date |
2023-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Deeper Blue Sea, LLC
|
|
