Classification |
NOA Final - Circuit Civil - Other
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Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE23-003562
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Parties
Name |
COMPASS FLORIDA, LLC
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Role |
Appellant
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Status |
Active
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Representations |
Jenna Fischman, Seth Victor Alhadeff, Audriana Alexa Rodriguez
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|
Name |
MIAMI WATERFRONT REALTY, LLC
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Role |
Appellee
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Status |
Active
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Representations |
Joseph Rosen
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|
Name |
Hon. Keathan Briscoe Frink
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Role |
Judge/Judicial Officer
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Status |
Active
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|
Name |
Broward Clerk
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Role |
Lower Tribunal Clerk
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Status |
Active
|
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Docket Entries
Docket Date |
2024-09-24
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Type |
Motions Other
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Subtype |
Motion To Stay
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Description |
Motion To Stay Pending Appeal
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On Behalf Of |
Compass Florida, LLC
|
|
Docket Date |
2024-09-16
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Type |
Response
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Subtype |
Response
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Description |
Appellee - Plaintiff's Response to Appellant - Defendant's Statement of Jurisdiction
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On Behalf Of |
Miami Waterfront Realty, LLC
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|
Docket Date |
2024-09-06
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Type |
Brief
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Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
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View |
View File
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Docket Date |
2024-09-06
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Jurisdictional Brief
|
|
Docket Date |
2024-08-22
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Case Filing Fee Paid - $300
|
View |
View File
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|
Docket Date |
2024-08-22
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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View |
View File
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|
Docket Date |
2024-08-22
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
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|
Docket Date |
2024-10-15
|
Type |
Disposition by Order
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Subtype |
Dismissed
|
Description |
ORDERED that, upon consideration of the appellant's September 6, 2024, jurisdictional brief and the appellee's September 16, 2024, response, this appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.130(a)(5); see also Bennett's Leasing, Inc. v. First St. Mortg. Corp., 870 So.2d 93, 98 (Fla. 1st DCA 2003) ("An order entered on a motion to vacate a non-final order, even where the motion mislabels the non-final order as final, is not reviewable under Florida Rule of Appellate Procedure 9.130(a)(5)."). Further,
ORDERED that the appellant's September 24, 2024 motion to stay pending appeal is denied as moot.
KLINGENSMITH, C.J., DAMOORGIAN and LEVINE, JJ., concur.
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View |
View File
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Docket Date |
2024-08-27
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Type |
Order
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Subtype |
Order to File Response re Jurisdiction
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Description |
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 July 24, 2024 "Order Granting Plaintiff's Motion To Seek Relief from Prior Court Order, To Reinstate Litigation, And/Or For Reconsideration" is an appealable order per Florida Rule of Appellate Procedure 9.130(a)(5) or Florida Rule of Appellate Procedure 9.110, in that it does not enter judgment for or against a party or otherwise appear to conclude the judicial labor in the cause, as it states, "Defendant shall file a response to the complaint within 30 days from the date of this Order." See Fla. R. App. P. 9.130, 9.110; see also Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed."); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."). Further, Appellee may file a response within ten (10) days of service of that statement.
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View |
View File
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