Docket Date |
2021-05-26
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ APPELLANT'S MOTION FOR REHEARING
|
On Behalf Of |
POP FLORIDA PROPERTIES, LLC
|
|
Docket Date |
2021-06-25
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2021-06-03
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-DENYING REHEARING ~ Appellant's motion for rehearing is denied.
|
|
Docket Date |
2021-05-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION FOR REHEARING
|
On Behalf Of |
GRADE-A-WAY, LLC
|
|
Docket Date |
2021-05-11
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
dismiss appeal as untimely filed ~ We dismiss this appeal because it was untimely filed. See Griffin v. Sistuenck, 816 So. 2d 600, 601 (Fla. 2002) (explaining that the failure to timely file a notice of appeal "deprives the appellate court of jurisdiction"). A notice of appeal must be filed within thirty days following rendition of the written order from which the appeal is taken, see Fla. R. App. 9.110(b), and "[a]n order is rendered when a signed, written order is filed with the clerk of the lower tribunal," Fla. R. App. P. 9.020(h); see Fla. R. App. P. 9.020(f) (defining "order" to include a judgment). The final judgment in this case was rendered on March 20, 2020, and the notice of appeal was filed on September 11, 2020. Although the final judgment was not served on the parties until on or about August 12, 2020, the thirty-day period runs from the date of rendition, not the date of service. See Turner v. State, 557 So. 2d 939, 939 (Fla. 5th DCA 1990) ("Rendition means the filing, not service of, a signed written order with the clerk of the lower tribunal.").Regardless of the circumstances that may have led to the delay between rendition and service, we cannot act in the absence of jurisdiction. Accordingly, we are constrained to dismiss.
|
|
Docket Date |
2021-05-11
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ Villanti, Rothstein-Youakim, and Labrit
|
|
Docket Date |
2021-05-11
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
ORDER GRANTING APPELLEE'S FEES ~ Appellee Grade-A-Way, LLC's motion is granted and remanded to the trial court for a determination of a reasonable amount.
|
|
Docket Date |
2021-04-28
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ NOTICE OF APPEARANCEAND DESIGNATION OF EMAIL ADDRESSES
|
On Behalf Of |
POP FLORIDA PROPERTIES, LLC
|
|
Docket Date |
2021-03-12
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, MAY 25, 2021, at 11:00 A.M., before: Judge Craig C. Villanti, Judge Susan H. Rothstein-Youakim, Judge Suzanne Labrit. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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|
Docket Date |
2021-03-05
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
POP FLORIDA PROPERTIES, LLC
|
|
Docket Date |
2021-02-25
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 7 - RB DUE 3/5/21
|
On Behalf Of |
POP FLORIDA PROPERTIES, LLC
|
|
Docket Date |
2021-02-15
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO APPELLANT'S MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
GRADE-A-WAY, LLC
|
|
Docket Date |
2021-02-12
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR AWARD OF APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
POP FLORIDA PROPERTIES, LLC
|
|
Docket Date |
2021-02-12
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION FOR AWARDOF APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
POP FLORIDA PROPERTIES, LLC
|
|
Docket Date |
2021-01-29
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
GRADE-A-WAY, LLC
|
|
Docket Date |
2021-01-29
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
GRADE-A-WAY, LLC
|
|
Docket Date |
2021-01-27
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ SELPH - REDACTED - 447 PAGES
|
|
Docket Date |
2021-01-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF INABILITY TO COMPLETE THE RECORD
|
On Behalf Of |
POLK CLERK
|
|
Docket Date |
2021-01-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 14- AB DUE 2/3/21
|
On Behalf Of |
GRADE-A-WAY, LLC
|
|
Docket Date |
2021-01-08
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
POP FLORIDA PROPERTIES, LLC
|
|
Docket Date |
2021-01-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
GRADE-A-WAY, LLC
|
|
Docket Date |
2020-12-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
POP FLORIDA PROPERTIES, LLC
|
|
Docket Date |
2020-11-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by December 21, 2020.
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|
Docket Date |
2020-11-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
POP FLORIDA PROPERTIES, LLC
|
|
Docket Date |
2020-10-12
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
|
Docket Date |
2020-09-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-09-22
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
POP FLORIDA PROPERTIES, LLC
|
|
Docket Date |
2020-09-22
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2020-09-22
|
Type |
Miscellaneous Document
|
Subtype |
Lower Tribunal Transmittal Cover Sheet
|
Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
On Behalf Of |
POLK CLERK
|
|
Docket Date |
2020-09-22
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|