| Docket Date |
2018-12-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-12-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-11-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2018-10-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
Order Denying Motion for Sanctions ~ ORDERED that the appellant's June 4, 2018 motion for sanctions pursuant to Section 57.105, Florida Statutes (1988), and Florida Rule of Appellate Procedure 9.410(b) against appellee and appellee’s counsel, Craig Sackler, Esq. is denied.
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|
| Docket Date |
2018-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that Craig Sackler's June 14, 2018 motion for extension of time is granted, and the time for filing a response to appellant’s motion for sanctions is extended fifteen (15) days from the date of this order.
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|
| Docket Date |
2018-06-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR SANCTIONS.
|
| On Behalf Of |
DAVID DIMECO
|
|
| Docket Date |
2018-06-06
|
| Type |
Order
|
| Subtype |
Order Deferring to Merits Panel
|
| Description |
ORD-Deferring to Merits Panel ~ ORDERED that the appellant's June 4, 2018 motion for sanctions is reserved and will be considered along with the merits of the case. The pendency of this motion shall not toll the time for other acts and the parties shall proceed on the merits of the appeal.
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|
| Docket Date |
2018-06-04
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2018-06-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR SANCTIONS
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2018-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The April 5, 2018 motion of Craig Sackler, counsel for appellee David Dimeco, to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20 day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all filings shall be sent to David Dimeco at the address appearing below;3509 NE 20th AveOakland Park, FL 33308(4) if substitute counsel does not appear within twenty (20) days from the date of this order, David Dimeco is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
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|
| Docket Date |
2018-04-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
DAVID DIMECO
|
|
| Docket Date |
2018-04-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ **MOOT, SEE 04/06/2018 ORDER**
|
| On Behalf Of |
DAVID DIMECO
|
|
| Docket Date |
2018-03-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's February 26, 2018 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) 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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|
| Docket Date |
2018-02-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
DAVID DIMECO
|
|
| Docket Date |
2018-02-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **ACCEPTED AS THE RECORD. SEE 07/06/2018 ORDER.** (AMENDED CORRECTED)
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2018-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellant's February 8, 2018 motion to withdraw the February 7, 2018 amended initial brief is granted, and the February 7, 2018 amended initial brief is considered withdrawn. It is furtherORDERED that the appellant’s February 8, 2018 corrected amended 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 bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2018-02-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN, SEE 02/09/2018 ORDER*** (CORRECTED AMENDED)
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2018-02-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's amended 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 text searchable, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2018-02-08
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2018-02-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's 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). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2018-02-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN, SEE 02/08/2018 ORDER*** (AMENDED)
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2018-02-07
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ ***WITHDRAWN, SEE 02/09/2018 ORDER***
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2018-02-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN, SEE 02/07/2018 ORDER***
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2018-02-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2018-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellee's January 8, 2018 response in opposition, it is ORDERED that appellant's January 2, 2018 third motion for extension of time to file initial brief is granted in part, and appellant shall serve the initial brief within twenty (20) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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|
| Docket Date |
2018-01-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S THIRD MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
DAVID DIMECO
|
|
| Docket Date |
2018-01-02
|
| 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 |
ENET 1, LLC
|
|
| Docket Date |
2017-12-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
DAVID DIMECO
|
|
| Docket Date |
2017-12-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ ***GRANTED, SEE 12/12/2017 ORDER***
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2017-12-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ ***GRANTED, SEE 12/12/2017 ORDER***
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2017-11-22
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's November 20, 2017 notice of filing, this court's November 20, 2017 order to show cause is discharged; further,ORDERED that appellant's November 13, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above–styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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|
| Docket Date |
2017-11-20
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ **DISCHARGED 11/22/17**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 October 27, 2017 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2017-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER APPEALED
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
2017-11-13
|
| 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 |
ENET 1, LLC
|
|
| Docket Date |
2017-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ (CERTIFIED COPY)
|
|
| Docket Date |
2017-10-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-10-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ENET 1, LLC
|
|
| Docket Date |
8888-07-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ APPEAL IS REDESIGNATED AS A FINAL APPEAL. APPENDIX TO THE INITIAL BRIEF IS ACCEPTED AS THE RECORD. SEE 07/06/2018 ORDER.
|
|
| Docket Date |
2018-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellant's November 2, 2018 motion for rehearing and rehearing en banc, or, in the alternative, motion for written opinion is denied.
|
|
| Docket Date |
2018-07-06
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Non-Final Appeal Treated as Final ~ ORDERED that the order at issue is determined to be a final, appealable order as no further judicial labor is contemplated. See Baron v. Provencial, 908 So. 2d 526, 527 (Fla. 4th DCA 2005). This appeal is redesignated as an appeal from a final order under Florida Rule of Appellate Procedure 9.110. The appendix that was filed with the Initial Brief is accepted as the record on appeal. The clerk of the lower tribunal need not transmit a record under rule 9.110(e).
|
|
| Docket Date |
2017-12-12
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellant’s December 7, 2017 response, this court’s November 29, 2017 order to show cause is discharged; further,ORDERED that appellant’s December 7, 2017 motion to consolidate is granted, and the above-styled case numbers are now consolidated for all purposes and shall proceed under case number 4D17-3300. This court determines that this consolidated appeal seeks review of non-final orders, rather than a final order. Fla. R. App. P. 9.130(a)(3)(C)(ii). Therefore, the clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court and the case shall proceed pursuant to Florida Rule of Appellate Procedure 9.130; further,ORDERED that appellant’s December 7, 2017 motion for extension of time is granted, and appellant shall serve a single initial brief, and an accompanying appendix, within thirty (30) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220.
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|
| Docket Date |
2017-10-27
|
| 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. 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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