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DELTA AGGREGATE, LLC and MICHAEL DESIMONE VS HERMES HIALEAH WAREHOUSE, LLC
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4D2018-2252
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2018-07-26
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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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
CACE 17-013283
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Parties
| Name |
MICHAEL DESIMONE, INC.
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
DELTA AGGREGATE LLC
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Robert A. Sweetapple, Cynthia J. Miller
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|
| Name |
HERMES HIALEAH WAREHOUSE LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Christopher J. Whitelock, Paul Decailly
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|
| Name |
Hon. Michael L. Gates
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2019-03-22
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2019-03-22
|
| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2019-03-06
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| Type |
Disposition
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| Subtype |
Granted
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| Description |
Granted - Per Curiam Opinion
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| Docket Date |
2018-10-29
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| Type |
Response
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| Subtype |
Reply
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| Description |
Reply
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| On Behalf Of |
DELTA AGGREGATE, LLC
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| Docket Date |
2018-10-19
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Reply to Response
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| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioners' October 18, 2018 motion for extension is granted and the time for filing a reply to the response is extended to October 29, 2018.
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| Docket Date |
2018-10-18
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Mot. for Extension of Time to File Reply Brief ~ (REPLY TO RESPONSE)
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| On Behalf Of |
DELTA AGGREGATE, LLC
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|
| Docket Date |
2018-10-09
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
HERMES HIALEAH WAREHOUSE, LLC
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|
| Docket Date |
2018-10-05
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent has not timely complied with this court’s September 11, 2018 order to show cause. Within ten (10) days of this order, respondent shall file a response or the relief requested in the petition may be granted without further notice. Respondent shall advise if it has no objection to the petition being granted. Petitioner may file a reply within ten (10) days of service of the response.
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| Docket Date |
2018-09-11
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
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| Docket Date |
2018-09-07
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
DELTA AGGREGATE, LLC
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|
| Docket Date |
2018-09-06
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
DELTA AGGREGATE, LLC
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|
| Docket Date |
2018-09-06
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ **STRICKEN** SUPPLEMENTAL.
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| On Behalf Of |
DELTA AGGREGATE, LLC
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|
| Docket Date |
2018-09-06
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's supplemental appendix to the petition 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, 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 |
2018-08-28
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| Type |
Order
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| Subtype |
Order to File (Supplemental) Appendix
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| Description |
Order Requiring Supplemental Appendix ~ ORDERED that, within ten (10) days of this order, Petitioner shall file a supplemental appendix providing a transcript of the June 25, 2018 hearing that led to the order at issue.
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| Docket Date |
2018-08-27
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
DELTA AGGREGATE, LLC
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|
| Docket Date |
2018-08-24
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the petition 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 fully 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 |
2018-08-23
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Grant Extension of Time ~ ORDERED that petitioners' August 15, 2018 motion for extension is granted and the time for filing a petition is extended to August 30, 2018. Failure to file by that date may result in dismissal.
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| Docket Date |
2018-08-22
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed
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| On Behalf Of |
DELTA AGGREGATE, LLC
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|
| Docket Date |
2018-08-22
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ **STRICKEN**
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| On Behalf Of |
DELTA AGGREGATE, LLC
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|
| Docket Date |
2018-08-15
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time
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| On Behalf Of |
DELTA AGGREGATE, LLC
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|
| Docket Date |
2018-07-27
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| Type |
Order
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| Subtype |
Order Reclassifying Case
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| Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed in the Circuit Court is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
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| Docket Date |
2018-07-27
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgment letter
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| Docket Date |
2018-07-26
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed
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| On Behalf Of |
DELTA AGGREGATE, LLC
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| Docket Date |
2018-07-26
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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CERTIFIED HISPANIC FOODS VS JM CRUZ, INC., etc., et al.,
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3D2017-2628
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2017-12-07
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-13550
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Parties
| Name |
CERTIFIED HISPANIC FOODS
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| Role |
Appellant
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| Status |
Active
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| Representations |
SUNDEEP K. MULLICK
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|
| Name |
HERMES HIALEAH WAREHOUSE LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
COOKIES & CRACKERS CORP.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
TED DOUKAS
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| Role |
Appellee
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| Status |
Active
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| Name |
INOCENCIO CRUZ
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| Role |
Appellee
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| Status |
Active
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|
| Name |
JM CRUZ, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
PAUL DECAILLY, MARC A. SILVERMAN, CAROLINE M. DE POSADA
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|
| Name |
Hon. Jorge E. Cueto
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Miami-Dade Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2018-02-15
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal
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|
| Docket Date |
2018-06-04
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp w/o mandate
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|
| Docket Date |
2018-06-04
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2018-05-14
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2018-05-14
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court's own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida is dismissed for failure to comply with this Court's order dated April 24, 2018, and with the Florida Rules of Appellate Procedure.
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| Docket Date |
2018-04-24
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| Type |
Order
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| Subtype |
Order to Serve Brief
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| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this order, or within said time the court is otherwise notified that this matter is being diligently prosecuted.
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| Docket Date |
2017-12-14
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before December 24, 2017.
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| Docket Date |
2017-12-07
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2017-12-07
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| Type |
Notice
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| Subtype |
Notice of Appeal Transmittal Form
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| Description |
Notice of Transmittal--NOA
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| On Behalf Of |
CERTIFIED HISPANIC FOODS
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| Docket Date |
2017-12-07
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
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HERMES HIALEAH WAREHOUSE, LLC, etc., et al. VS NBAS, LLC., etc., and NBAS 2, LLC. etc.
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4D2015-2759
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2015-07-21
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Closed
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2015CA001042XXXXMB
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Parties
| Name |
HERMES HIALEAH WAREHOUSE LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Michael J. Cohen
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|
| Name |
ATHENA OF S.C., LLC
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| Role |
Appellant
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| Status |
Active
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|
| Name |
NBAS LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jonathan Bloom
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|
| Name |
NBAS 2 LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Jeffrey Dana Gillen
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2015-10-26
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 22, 2015 notice of voluntary dismissal, this case is dismissed; further,ORDERED that appellants' August 4, 2015 motion for attorney's fees and costs is determined moot.
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| Docket Date |
2015-10-26
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2015-10-22
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
HERMES HIALEAH WAREHOUSE, LLC
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| Docket Date |
2015-10-21
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORD-Appellant to File Response ~ ORDERED that within ten (10) days of this order appellants shall file a response with this court advising of the status of the proceedings below following this court's relinquishment of jurisdiction. Additionally, appellants shall show cause why this appeal should not be dismissed as moot as the online docket indicates that the underlying proceeding was dismissed with prejudice on September 16, 2015.
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| Docket Date |
2015-08-12
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Order
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| Description |
**DNU** Order from Lower Tribunal ~ ON RELINQUISHMENT ("NOTICE OF FILING")
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| Docket Date |
2015-08-12
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellees' August 7, 2015 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days. The appellees shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellees shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellees to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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| Docket Date |
2015-08-12
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
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| On Behalf Of |
NBAS, LLC
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| Docket Date |
2015-08-12
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ TO MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
NBAS, LLC
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| Docket Date |
2015-08-07
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| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
Motion To Relinquish Jurisdiction
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| On Behalf Of |
NBAS, LLC
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| Docket Date |
2015-08-04
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 8/12/15)
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| On Behalf Of |
HERMES HIALEAH WAREHOUSE, LLC
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| Docket Date |
2015-08-04
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief ~ TO INITIAL BRIEF
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| On Behalf Of |
HERMES HIALEAH WAREHOUSE, LLC
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| Docket Date |
2015-08-04
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
HERMES HIALEAH WAREHOUSE, LLC
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| Docket Date |
2015-07-23
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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, 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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| Docket Date |
2015-07-23
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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|
| Docket Date |
2015-07-21
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
HERMES HIALEAH WAREHOUSE, LLC
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| Docket Date |
2015-07-21
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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