| Docket Date |
2019-05-16
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 484 PAGES (PAGES 1-472)
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2019-05-15
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE.
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| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's May 3, 2019 motion for rehearing is treated as a motion for extension of time to pay the filing fee and is granted. Appellant's deadline to pay the filing fee is extended until ten (10) days after the lower tribunal's review of the clerk of the lower tribunal's denial of appellant's application. See Fla. R. App. P. 9.430(a) ("The clerk of the lower tribunal’s reasons for denying the application shall be stated in writing and are reviewable by the lower tribunal.").
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|
| Docket Date |
2019-05-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ **TREATED AS A MOTION FOR EXTENSION OF TIME TO PAY THE FILING FEE AND IS GRANTED. SEE 05/06/2019 ORDER.**
|
| On Behalf Of |
MARIO ANTHONY MISURACA
|
|
| Docket Date |
2019-04-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED, upon consideration of the clerk of the lower tribunal's finding that appellant is not indigent, appellant shall comply with this court's March 14, 2019 order to pay the filing fee by no later than May 1, 2019.
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|
| Docket Date |
2222-06-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR APPELLANT. RELEASED FROM OKEECHOBEE CORRECTIONAL 05/22/2019.
|
|
| Docket Date |
2019-05-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-05-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ On March 20, 2019, this court ordered appellant to file a statement explaining the basis for this court’s subject matter jurisdiction over the order on appeal. This court then granted appellant an extension of time to file the jurisdictional statement on May 6, 2019. Appellant has not responded. It is therefore ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. See Agere Systems Inc. v. All American Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) (“[A]n order that simply denies a motion for reconsideration or rehearing of an underlying non-final order . . . is not in itself an appealable order.”); Int'l House of Pancakes (IHOP) v. Robinson, 124 So. 3d 1004, 1006 (Fla. 4th DCA 2013) ("[T]he order denying the motion to vacate the simple default— where no final judgment has been entered—is not appealable, nor subject to certiorari review.").GROSS, LEVINE and KUNTZ, JJ., concur.
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|
| Docket Date |
2019-04-24
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status ~ **APPLICANT IS NOT INDIGENT**
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's March 28, 2019 motion for extension of time is granted, and the time for filing a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case is extended thirty (30) days from the date of this order.
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|
| Docket Date |
2019-03-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE BRIEF STATEMENT EXPLAINING BASIS OF JURISDICTION
|
| On Behalf Of |
MARIO ANTHONY MISURACA
|
|
| Docket Date |
2019-03-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF APPLICATION FOR DETERMINATION OF CIVIL INDIGENT STATUS (STYLED IN THE LOWER COURT); MAILED TO BROWARD FOR PROCESSING
|
|
| Docket Date |
2019-03-20
|
| 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 “order denying motion for reconsideration of motion to vacate default” is an appealable order pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130, as an order denying a motion for reconsideration is not an appealable order. See Agere Systems Inc. v. All American Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) (“[A]n order that simply denies a motion for reconsideration or rehearing of an underlying non-final order . . . is not in itself an appealable order.”); Int'l House of Pancakes (IHOP) v. Robinson, 124 So. 3d 1004, 1006 (Fla. 4th DCA 2013) ("[T]he order denying the motion to vacate the simple default—where no final judgment has been entered—is not appealable, nor subject to certiorari review."); furtherAppellee may file a response within ten (10) days of service of that statement.
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|
| Docket Date |
2019-03-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-03-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2019-03-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2019-03-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARIO ANTHONY MISURACA
|
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