| Docket Date |
2024-02-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Second Statement on Subject Matter Jurisdiction
|
| On Behalf Of |
Restoration 1 of Port Saint Lucie, LLC
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Notice of Confession of Error
|
|
| Docket Date |
2023-10-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Restoration 1 of Port Saint Lucie, LLC
|
| View |
View File
|
|
| Docket Date |
2023-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
James Billman
|
|
| Docket Date |
2023-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Restoration 1 of Port Saint Lucie, LLC
|
|
| Docket Date |
2023-08-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/02/2023
|
|
| Docket Date |
2023-08-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 591 PAGES
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2023-07-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s July 6, 2023 jurisdictional brief and appellees’ July 25, 2023 response, this appeal shall proceed.
|
|
| Docket Date |
2023-07-25
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellant’s July 6, 2023 jurisdictional brief.
|
|
| Docket Date |
2023-07-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
James Billman
|
|
| Docket Date |
2023-07-06
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Restoration 1 of Port Saint Lucie, LLC
|
|
| Docket Date |
2023-06-26
|
| 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 (i) how the portion of the May 24, 2023 order concerning the declaratory relief claim is appealable, as it appears to merely award prevailing party status without entering final judgment for a party; and (ii) how the portion of the May 24, 2023 order concerning the counterclaim is appealable, as it appears to find the plaintiffs owe the defendant nothing without entering final judgment for a party. See Wing Kei Ho v. Fountains of Palm Beach Condo. Inc., No. 3, 309 So. 3d 237, 239 (Fla. 4th DCA 2020); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-06-23
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ Civil Cover Sheet
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2023-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **Certified Copy**
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2023-06-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2024-02-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that, upon consideration of appellant's response to this court's February 2, 2024 order, the above-styled appeal is dismissed for lack of jurisdiction. See, e.g., Alexopoulos v. Gordon Hargrove & James, P.A., 109 So. 3d 248, 250 (Fla. 4th DCA 2013) ("An order merely finding entitlement to attorneys' fees is a nonfinal, non-appealable order."); see also, e.g., Emerald Coast Utilities Auth. v. Thomas Home Corp., 359 So. 3d 1239, 1243 (Fla. 1st DCA 2023) ("[A] stipulation or concession to jurisdiction by a defending party over subject matter jurisdiction where none exists is ineffectual.") (citing Polk Cnty. v. Sofka, 702 So. 2d 1243, 1245 (Fla. 1997)). This dismissal is without prejudice to the parties' ability to seek relief in the trial court from the attorney's fees entitlement ruling in the judgment.
|
| View |
View File
|
|
| Docket Date |
2024-02-02
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORDERED that appellant shall show cause in writing, within fifteen (15) days from the date of this order, why this appeal should not be dismissed for lack of appellate jurisdiction given the issues raised in the initial brief. Appellant shall address how this court has jurisdiction to consider whether appellees are entitled to an award of their reasonable attorney's fees and costs, pursuant to either sections 713.29 or 713.31 of the Florida Statutes, even though the trial court has resolved only the issue of entitlement and not amount in the judgment on appeal. See, e.g., Alexopoulos v. Gordon Hargrove & James, P.A., 109 So. 3d 248, 250 (Fla. 4th DCA 2013). ("An order merely finding entitlement to attorneys' fees is a nonfinal, non-appealable order."). No response is required from the appellees unless provided for by further order.
|
| View |
View File
|
|
