| Docket Date |
2019-08-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-04-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-04-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2019-04-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
WEISSE BUILDERS, LLC
|
|
| Docket Date |
2019-08-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ Upon consideration of appellant’s June 13, 2019 jurisdictional statement and appellees’ July 19, 2019 response, it is ORDERED sua sponte that this appeal is dismissed without prejudice to refiling once the circuit court disposes of all interrelated claims in the underlying case. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974) (holding that an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending); Koe v. Citizens Property Ins. Co., 225 So. 3d 983 (Fla. 3d DCA 2017) (holding that orders dismissing two claims do not amount to appealable partial final judgments under rule 9.110(k) because interrelated claims involving the same parties and underlying facts in both cases remain pending below). Further,ORDERED that appellees’ July 19, 2019 motion to dismiss appeal is determined to be moot. Further,ORDERED that appellees’ July 19, 2019 motion for attorney's fees is granted conditioned on the circuit court determining that appellees are 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.TAYLOR, CIKLIN and GERBER, JJ., concur.
|
|
| Docket Date |
2019-07-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CAROL P. CORCORAN
|
|
| Docket Date |
2019-07-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO SECOND STATEMENT OF JURISDICTION *AND* MOTION TO DISMISS APPEAL
|
| On Behalf Of |
CAROL P. CORCORAN
|
|
| Docket Date |
2019-07-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellant’s June 13, 2019 “second statement of jurisdiction and response to order to show cause.”
|
|
| Docket Date |
2019-06-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 364 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-06-20
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on May 31, 2019, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal; further,ORDERED that upon consideration of appellant’s jurisdictional brief filed June 13, 2019, this court's June 3, 2019 order to show cause is discharged.
|
|
| Docket Date |
2019-06-17
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ **CERTIFIED COPY**
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-06-13
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
WEISSE BUILDERS, LLC
|
|
| Docket Date |
2019-06-13
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
WEISSE BUILDERS, LLC
|
|
| Docket Date |
2019-06-03
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant 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 or other sanctions imposed for failure to comply with this court's April 18, 2019 order requiring appellant to file a jurisdictional statement.
|
|
| Docket Date |
2019-05-31
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant's May 13, 2019 motion for reinstatement is granted, and the above-styled appeal is reinstated. Appellant shall comply with this court's April 18, 2019 order for a jurisdictional statement within ten (10) days from the date of this order.
|
|
| Docket Date |
2019-05-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
WEISSE BUILDERS, LLC
|
|
| Docket Date |
2019-05-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-05-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2019-05-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
WEISSE BUILDERS, LLC
|
|
| Docket Date |
2019-04-18
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-04-18
|
| 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 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 final judgment on plaintiff’s claims is a final, appealable order, as it is unclear whether there are remaining interrelated claims pending in the lower tribunal. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974) (holding that an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending); Koe v. Citizens Property Ins. Co., 225 So. 3d 983 (Fla. 3d DCA 2017) (holding that orders dismissing two claims do not amount to appealable partial final judgments under rule 9.110(k) because interrelated claims involving the same parties and underlying facts in both cases remain pending below). Appellant shall also file a conformed copy of the order on appeal which contains a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-04-17
|
| 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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