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WOODLANDS BANYAN POINTE, LLC, WOODLANDS OAK MEADOWS, LLC, AND WOODLANDS PINE RUN, LLC VS WOODLANDS COMMUNITY DEVELOPMENT DISTRICT, ET AL.
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2D2022-0399
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2022-02-08
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2018CA-004851NC
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Parties
| Name |
WOODLANDS BANYAN POINTE, LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
SCOTT D. CLARK, ESQ., MITCHELL E. ALBAUGH, ESQ.
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|
| Name |
WOODLANDS OAK MEADOWS, LLC
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| Role |
Appellant
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| Status |
Active
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|
| Name |
WOODLANDS PINE RUN, LLC
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| Role |
Appellant
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| Status |
Active
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|
| Name |
SARASOTA CLERK
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| Role |
Appellee
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| Status |
Active
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|
| Name |
HEYWARD DEVELOPMENT, LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
WOODLANDS COMMUNITY DEVELOPMENT DISTRICT
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| Role |
Appellee
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| Status |
Active
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| Representations |
TRACY J. ROBIN, ESQ., BORA S. KAYAN, ESQ., Jeffrey M. Paskert, Esq., Bradley John Ellis, ESQ., VIVEK K. BABBAR, ESQ.
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|
| Name |
BARBARA FORD - COATES, TAX COLLECTOR
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| Role |
Appellee
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| Status |
Active
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|
| Name |
HON. ANDREA MC HUGH
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
SARASOTA CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-04-12
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| Type |
Order
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| Subtype |
Order on Motion To Abate
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| Description |
ORD-GRANT MOTION TO ABATE ~ Appellants’ motion to abate is granted, and this appeal is abated until 60 days from the date of this order. Upon execution of the settlement, the Appellants shall file a notice of voluntary dismissal in this court. Otherwise, Appellants shall file a status report within sixty days of the date of this order.
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| Docket Date |
2022-04-20
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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 |
2022-04-20
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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 notice of voluntary dismissal filed herein, this appeal is dismissed.
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| Docket Date |
2022-04-20
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| Type |
Misc. Events
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| Subtype |
Case Closed
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| Description |
Case Closed
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| Docket Date |
2022-04-20
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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 ~ NOTICE OF VOLUNTARY DISMISSAL OF APPEAL WITH PREJUDICE
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| On Behalf Of |
WOODLANDS BANYAN POINTE, LLC
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| Docket Date |
2022-04-19
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ NOTICE OF NON-REPRESENTATION
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| On Behalf Of |
WOODLANDS COMMUNITY DEVELOPMENT DISTRICT
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| Docket Date |
2022-04-05
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| Type |
Motions Other
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| Subtype |
Motion To Abate
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| Description |
Motion To Abate ~ NOTICE OF PENDING SETTLEMENT AND UNOPPOSED MOTION TO ABATE
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| On Behalf Of |
WOODLANDS BANYAN POINTE, LLC
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| Docket Date |
2022-04-04
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report ~ RECORD PREPARATION
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| On Behalf Of |
SARASOTA CLERK
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| Docket Date |
2022-02-09
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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| Docket Date |
2022-02-09
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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| Docket Date |
2022-02-09
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid through Portal
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| On Behalf Of |
WOODLANDS BANYAN POINTE, LLC
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| Docket Date |
2022-02-08
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2022-02-08
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ W/ORDER
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| On Behalf Of |
WOODLANDS BANYAN POINTE, LLC
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WOODLANDS COMMUNITY DEVELOPMENT DISTRICT VS WOODLANDS BAYAN POINTE, LLC, ET AL
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2D2019-2406
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2019-06-26
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2018 CA 002982 NC
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Parties
| Name |
WOODLANDS COMMUNITY DEVELOPMENT DISTRICT
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| Role |
Appellant
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| Status |
Active
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| Representations |
GARY V. PERKO, ESQ., KRISTEN C. DIOT, ESQ., BRIAN A. CRUMBAKER, ESQ., MOHAMMAD O. JAZIL, ESQ.
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| Name |
BUFFALO-NORTHPORT ASSOCIATES I I, LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
WOODLANDS PINE RUN, LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
WOODLANDS OAK MEADOWS, LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
PANACEA GULF COAST INVESTMENTS, LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
BUFFALO-NORTHPORT ASSOCIATES, LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
THE WOODLANDS MASTER ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
WOODLANDS BANYAN POINTE, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Bradley John Ellis, ESQ., VIVEK K. BABBAR, ESQ., TRACY J. ROBIN, ESQ., SCOTT D. CLARK, ESQ., MITCHELL E. ALBAUGH, ESQ., AMANDA BROADWELL, ESQ.
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| Name |
HON. ANDREA MC HUGH
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
SARASOTA CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2019-09-23
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| Type |
Record
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| Subtype |
Appendix to Response
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| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPELLEE'S APPENDIX TO APPELLEES' RESPONSE TO APPELLANT'S MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
WOODLANDS BANYAN POINTE, LLC
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| Docket Date |
2019-12-12
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| Type |
Misc. Events
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| Subtype |
Case Closed
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| Description |
Case Closed
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| Docket Date |
2019-11-12
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Dismissing Appeal - Lack of Jurisdiction ~ This appeal is dismissed for lack of jurisdiction. The order on appeal does not dispose of the "entire case as to any party." See Fla. R. App. P. 9.110(k). This court concludes that count X of the complaint, at the least, is "interdependent with" the counts resolved by the order on appeal. See id.The appellant's motion to relinquish jurisdiction is denied as moot.
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| Docket Date |
2019-11-12
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge ~ Casanueva, Morris, and Smith
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| Docket Date |
2019-11-12
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
ORD-DENY. RELINQUISH JURISDCTN ~ The appellant's motion to relinquish jurisdiction is denied as moot.
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| Docket Date |
2019-10-31
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO SHOW CAUSE ORDER
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| On Behalf Of |
WOODLANDS COMMUNITY DEVELOPMENT DISTRICT
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| Docket Date |
2019-10-21
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| Type |
Order
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| Subtype |
Order to Show Cause
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| Description |
ORD-TO SHOW CAUSE ~ Within 10 days of the date of this order the appellant shall show cause why this appeal should not be dismissed as from a nonappealable nonfinal order. The partial final judgment on appeal does not appear to resolve the lawsuit as to any party. The unresolved counts appear to be interdependent with the counts addressed in the order on appeal. See Fla. R. App. P. 9.110(k).
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| Docket Date |
2019-10-07
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO JURISDICTIONAL QUESTION
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| On Behalf Of |
WOODLANDS COMMUNITY DEVELOPMENT DISTRICT
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| Docket Date |
2019-09-27
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ In the court's review of the appellant's motion to relinquish jurisdiction, the court notes the following statement in the appellees' amended response to the motion (pp. 2-3): "[T]he resolution of any such dispute is not necessary for this Court to review the issues on appeal and is not needed by the trial court unless and until the trial court is ready to enter a judgment quieting Plaintiffs' [appellees'] respective titles, which cannot occur until after the Court rules on the appeal." Within 10 days of the date of this order, the appellant shall file a response regarding the nature of the order on appeal and this court's jurisdiction over it. To the extent that the order does not formally and finally quiet title in the name of a party, it would appear to be a nonappealable nonfinal order subject to dismissal.The appellant's motion to relinquish jurisdiction shall remain pending.The parties are reminded that appeals 2D19-2406 and 2D19-2433 are merely traveling together. The parties shall therefore caption motions and responses with one case number only. They may reference that the other case is traveling together with the case that is the subject of the motion, but the caption must be clear as to which case is the subject of the motion. If the same motion is to be filed in both cases, the movant must prepare two first pages with correct captioning. The appellant's motion to relinquish jurisdiction is ambiguously captioned with both case numbers. The motion has been docketed in case 2D19-2406 only, as this was the case in which it was filed.The parties are directed to prepare certificates of service that comply with the provision of Florida Rule of Appellate Procedure 9.420(d) that requires the filer to "specify the party each attorney represents."
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| Docket Date |
2019-09-23
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLEES' AMENDED RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
WOODLANDS BANYAN POINTE, LLC
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| Docket Date |
2019-09-20
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLEES' RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
WOODLANDS BANYAN POINTE, LLC
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| Docket Date |
2019-09-05
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORD-TO FILE RESPONSE ~ Appellees are directed to respond within fifteen (15) days from the date of this order to appellant’s motion to relinquish jurisdiction.
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| Docket Date |
2019-08-30
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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 ~ MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
WOODLANDS COMMUNITY DEVELOPMENT DISTRICT
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| Docket Date |
2019-08-30
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| Type |
Record
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| Subtype |
Appendix to Motion
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| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLANT'S MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
WOODLANDS COMMUNITY DEVELOPMENT DISTRICT
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| Docket Date |
2019-08-16
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ MCHUGH - 1384 PAGES
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| Docket Date |
2019-07-01
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| Type |
Order
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| Subtype |
Order to Travel Together
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| Description |
travel together
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| Docket Date |
2019-06-27
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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| Docket Date |
2019-06-27
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| Type |
Order
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| Subtype |
Invite Dismissal of Partial Judgment
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| Description |
invite dismissal of partial judgment
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| Docket Date |
2019-06-26
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ NOT CERTIFIED
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| On Behalf Of |
WOODLANDS COMMUNITY DEVELOPMENT DISTRICT
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| Docket Date |
2019-06-26
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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