| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-011454
|
Parties
| Name |
CARMEN GONZALEZ, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Jose A. Huerta
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-30
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court’s March 29, 2023 order is amended as follows: ORDERED that, upon consideration of appellant’s March 2, 2023 jurisdictional brief, appellant is directed to file within ten (10) days from the date of this order a brief supplemental 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 January 26, 2023 order for default is an appealable final or nonfinal order, as it appears the order merely dismisses Counts II, IV, and V of the complaint, leaving Counts I and III pending, and enters a default on the pending counterclaim. See Fla. R. App. P. 9.110(k) (“A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims.”); Singh v. U.S. Bank, N.A., 223 So. 3d 436, 438 (Fla. 2d DCA 2017) (holding an order granting a motion for default “is a nonfinal, nonappealable order”); Almacenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559 (Fla. 3d DCA 2015) (holding an order was not appealable as a partial final judgment because an interrelated counterclaim remained pending in the trial court). Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-06-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that this case is dismissed for failure to file a petition and appendix as required by this court’s April 24, 2023 order.DAMOORGIAN, FORST and ARTAU, JJ., concur.
|
|
| Docket Date |
2023-06-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-04-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s March 2, 2023 jurisdictional brief, the above-styled appeal is dismissed in part as to the January 26, 2023 order for default. See Fla. R. App. P. 9.110(k); Almacenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559 (Fla. 3d DCA 2015) (holding an order was not appealable as a partial final judgment because an interrelated counterclaim remained pending in the trial court). Further, ORDERED that the court finds the January 26, 2023 order discharging the lis pendens is reviewable through a Petition for Writ of Certiorari. See Petkovich v. Sandy Point Condo. Apartments Ass’n, 325 So. 3d 201, 202 n.1 (Fla. 3d DCA 2021) (“We review an order discharging a lis pendens in 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.GROSS, MAY and FORST, JJ., concur.
|
|
| Docket Date |
2023-03-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s March 2, 2023 jurisdictional brief, appellant is directed to file a brief supplemental 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 January 26, 2023 order for default is an appealable final or nonfinal order, as it appears the order merely dismisses Counts II, IV, and V of the complaint, leaving Counts I and III pending, and enters a default on the pending counterclaim. See Fla. R. App. P. 9.110(k) (“A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims.”); Singh v. U.S. Bank, N.A., 223 So. 3d 436, 438 (Fla. 2d DCA 2017) (holding an order granting a motion for default “is a nonfinal, nonappealable order”); Almacenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559 (Fla. 3d DCA 2015) (holding an order was not appealable as a partial final judgment because an interrelated counterclaim remained pending in the trial court). Appellee may filed a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-03-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document
|
| On Behalf Of |
Jose A. Huerta
|
|
| Docket Date |
2023-03-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 358 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-03-02
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ AMENDED
|
| On Behalf Of |
Carmen Gonzalez
|
|
| Docket Date |
2023-02-16
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ **Stricken**
|
| On Behalf Of |
Carmen Gonzalez
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s February 16, 2023 jurisdictional brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee.Appellant may re-file the document with a proper certificate of service which indicates service on the appellee within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2023-02-09
|
| 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 whether appellant is seeking an appeal of the January 26, 2023 order of default or the January 26, 2023 order discharging the lis pendens. Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Carmen Gonzalez
|
|
| Docket Date |
2023-02-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2023-02-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
