ROBERTO TORRES and TAR INVESTMENTS HOLDINGS, LLC., Appellant(s) v. JP III HOLDINGS, LLC, Appellee(s).
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4D2024-1366
|
2024-05-29
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
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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
CACE21007496
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Parties
Name |
ROBERTO TORRES, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Byron Brandon Acosta, Danay Hernandez
|
|
Name |
JP III HOLDINGS LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Maria Lucia Larrabure, Alejandro Brito
|
|
Name |
TAR Investment Holdings, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jason Gordon
|
|
Name |
Hon. Jeffrey Richard Levenson
|
Role |
Judge/Judicial Officer
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Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDERED that Appellants' October 30, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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View |
View File
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Docket Date |
2024-10-31
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
|
Docket Date |
2024-09-30
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORDERED that Appellant's September 3, 2024 amended motion for reinstatement is granted, and the above-styled appeal is reinstated as to TAR Investment Holdings, LLC. Further, ORDERED that Appellants' September 13, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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View |
View File
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Docket Date |
2024-09-24
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Type |
Response
|
Subtype |
Response
|
Description |
Response in Opposition to Motion for Extension of Time Filed by Robert Torres, Dispute of Good Faith Certification of Motion For Extension of Time, and Response in Opposition to Motion for Reinstatement
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On Behalf Of |
JP III Holdings, LLC
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|
Docket Date |
2024-09-24
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Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellee's September 23, 2024 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply 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.
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View |
View File
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Docket Date |
2024-09-14
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Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
|
Docket Date |
2024-09-03
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion for Reinstatement
|
|
Docket Date |
2024-09-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2024-08-30
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED sua sponte that the above-styled appeal is dismissed as to TAR Investment Holdings, LLC for failure to comply with this court's August 13, 2024 order.
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View |
View File
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Docket Date |
2024-08-16
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Type |
Recognizing Agreed Extension
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Subtype |
Initial Brief
|
Description |
30 Days to September 13, 2024.
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|
Docket Date |
2024-08-16
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension of Time - Initial Brief
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|
Docket Date |
2024-08-14
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Roberto Torres
|
|
Docket Date |
2024-08-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORDERED that, upon consideration of Appellee's August 9, 2024 responses, Appellant's August 9, 2024 amended motion for extension of time to obtain counsel is granted, and the time for an attorney licensed to practice law to enter an appearance on behalf of TAR Investment Holdings, LLC is extended for ten (10) days from the date of this order. In addition, if counsel has not entered an appearance within the time provided for in this order, the appeal on behalf of TAR Investment Holdings, LLC shall be dismissed.
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View |
View File
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Docket Date |
2024-08-09
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE IN OPPOSITION TO MOTION FOR EXTENSION OF TIME
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|
Docket Date |
2024-08-09
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Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
**Amended** Motion for Extension of Time
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Docket Date |
2024-08-08
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Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Response and Motion for Extension of Time
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|
Docket Date |
2024-08-01
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Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal - 2,254 pages
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On Behalf Of |
Broward Clerk
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|
Docket Date |
2024-07-29
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Type |
Order
|
Subtype |
Order for Party to File Status Report on Record
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Description |
Upon consideration of the Notice of Inability to Transmit the Record filed by the clerk of the lower tribunal on July 19, 2024, it is ORDERED that Appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
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View |
View File
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Docket Date |
2024-07-19
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Type |
Notice
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Subtype |
Notice of Inability
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Description |
Notice of Inability to Transmit the Record
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On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-07-15
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Copy of this Court's July 12, 2024 Order
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|
Docket Date |
2024-07-15
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Type |
Response
|
Subtype |
Response
|
Description |
Response to this Court's July 12, 2024 Order
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|
Docket Date |
2024-05-29
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Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
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Docket Date |
2024-07-12
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Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORDERED that Appellant is directed to respond, within ten (10) days from the date of this order, to Appellee's June 18, 2024 motion to dismiss. Further, ORDERED that Appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's May 30, 2024 order requiring Appellant file with this court a conformed copy of the May 1, 2024 final judgment from which appellant seeks plenary review in this appeal. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order. Further, Appellant is cautioned that frivolous or successive filings may result in sanctions, including a prohibition on pro se filing in this Court. See Johnson v. Bank of New York Mellon Tr. Co., 136 So. 3d 507, 508 (Fla. 2014).
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View |
View File
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Docket Date |
2024-06-28
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Type |
Notice
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Subtype |
Notice of Filing
|
Description |
Notice of Filing Urgent Supporting Evidence (6)
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On Behalf Of |
Roberto Torres
|
|
Docket Date |
2024-06-24
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Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing Urgent and Supporting Evidence (5)
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On Behalf Of |
Roberto Torres
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|
Docket Date |
2024-06-18
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Type |
Motions Other
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Subtype |
Motion To Dismiss
|
Description |
Motion to Dismiss
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Docket Date |
2024-06-18
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Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Order on Motion to Stay
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View |
View File
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Docket Date |
2024-06-12
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Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing Urgent Supporting Evidence (3)
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On Behalf Of |
Roberto Torres
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|
Docket Date |
2024-06-11
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Type |
Response
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Subtype |
Response
|
Description |
Response in Opposition to Appellant's Motion to Stay
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|
Docket Date |
2024-06-11
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing Urgent Supporting Evidence (2)
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On Behalf Of |
Roberto Torres
|
|
Docket Date |
2024-06-07
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Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing Urgent Supporting Evidence (1)
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On Behalf Of |
Roberto Torres
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|
Docket Date |
2024-06-03
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion to Stay
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|
Docket Date |
2024-06-03
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Case Filing Fee Paid -300
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On Behalf Of |
Roberto Torres
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View |
View File
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Docket Date |
2024-05-30
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Type |
Order
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Subtype |
Amended/Additional Filing(s) Needed
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Description |
Amended/Additional Filing(s) Needed
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View |
View File
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|
Docket Date |
2024-05-29
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Type |
Letter
|
Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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View |
View File
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Docket Date |
2024-05-29
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Type |
Order
|
Subtype |
Order on Filing Fee
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Description |
Order on Filing Fee
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View |
View File
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Docket Date |
2025-01-07
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
ORDERED that appellant's December 26, 2024 motion for extension of time is granted, and appellant shall file a response to the appellee's December 13, 2024 renewed motion to dismiss within thirty (30) days from the date of this order.
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View |
View File
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Docket Date |
2024-12-26
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response to Renewed Motion to Dismiss
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|
Docket Date |
2024-12-13
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Type |
Motions Other
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Subtype |
Motion To Dismiss
|
Description |
Renewed Motion To Dismiss Appeal
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Docket Date |
2024-12-12
|
Type |
Order
|
Subtype |
Order on Request for Emergency Treatment
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Description |
ORDERED that the appellant's December 2, 2024 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
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View |
View File
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Docket Date |
2024-12-10
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Type |
Brief
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Subtype |
Initial Brief
|
Description |
Initial Brief
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On Behalf Of |
Roberto Torres
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View |
View File
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Docket Date |
2024-12-05
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Type |
Response
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Subtype |
Response
|
Description |
Response to Emergency Motion to Supplement
|
On Behalf Of |
JP III Holdings, LLC
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Docket Date |
2024-12-03
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Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Emergency Motion to Supplement Record
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|
Docket Date |
2024-12-03
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Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Request for Emergency Treatment
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On Behalf Of |
Roberto Torres
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|
Docket Date |
2024-08-09
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellee's August 9, 2024 response in opposition is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply 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.
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View |
View File
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Docket Date |
2024-07-18
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Type |
Order
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Subtype |
Order
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Description |
Upon consideration of appellant's July 15, 2024 response, it is ORDERED that appellee JP III Holdings, LLC's June 18, 2024 motion to dismiss is reserved. Further, a corporation may not appear unrepresented by counsel in a Florida court. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it is ORDERED that the appeal on behalf of TAR Investment Holdings, LLC shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. Further, ORDERED that this case is stayed pending the above.
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View |
View File
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ROBERTO TORRES, Appellant(s) v. JP III HOLDINGS, LLC., et al., Appellee(s).
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4D2024-0577
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2024-03-04
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Closed
|
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Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 20-15772
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Parties
Name |
ROBERTO TORRES, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JP III HOLDINGS LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jesmany Jomarron
|
|
Name |
KMR REALTY, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Carlos Augusto Rodriguez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-04-22
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
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View |
View File
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Docket Date |
2024-04-11
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Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Filing
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View |
View File
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|
Docket Date |
2024-04-09
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Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2024-03-27
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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View |
View File
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Docket Date |
2024-03-27
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Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing--Order Appealed
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|
Docket Date |
2024-03-26
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Amended/Additional Filing(s) Needed
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View |
View File
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|
Docket Date |
2024-03-06
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-03-06
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
|
|
Docket Date |
2024-03-04
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
|
BRF GROUP CONTRACTORS, INC. VS JP III HOLDINGS, LLC
|
4D2021-2494
|
2021-08-24
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015772 (14)
|
Parties
Name |
BRF GROUP CONTRACTORS, INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Donald J. Thomas, Georgia T. Garnecki
|
|
Name |
JP III HOLDINGS LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Maria Larrabure
|
|
Name |
Hon. Carlos A. Rodriguez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-12-06
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that appellee's November 9, 2021 motion for attorney's fees is denied.
|
|
Docket Date |
2021-11-09
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-11-01
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
Deny Motion to Reinstate ~ Upon consideration of appellee’s October 22, 2021 response, appellant’s October 22, 2021 motion for reinstatement is denied as a duplicative appeal of 4D21-1949.
|
|
Docket Date |
2021-10-22
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ Invoice voided
|
|
Docket Date |
2021-10-22
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR REINSTATEMENT
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-10-22
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
BRF Group Contractors, Inc.
|
|
Docket Date |
2021-10-21
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
BRF Group Contractors, Inc.
|
|
Docket Date |
2021-10-21
|
Type |
Letter
|
Subtype |
Fee Letter
|
Description |
Fee Letter
|
|
Docket Date |
2021-09-09
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
Docket Date |
2021-09-09
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2021-08-24
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-08-24
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-08-24
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date 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. 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 lower tribunal clerk's determination of indigent status is filed.
|
|
Docket Date |
2021-08-24
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
BRF Group Contractors, Inc.
|
|
|
BRF GROUP CONTRACTORS, INC. VS JP III HOLDINGS, LLC
|
4D2021-1949
|
2021-06-22
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015772 (14)
|
Parties
Name |
BRF GROUP CONTRACTORS, INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Georgia T. Garnecki, Donald J. Thomas
|
|
Name |
JP III HOLDINGS LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Donna Greenspan Solomon, Maria Larrabure, Matthew Quattrochi, Mia M. Singh, Joseph Taormina, Sarah Cabarcas-Osman
|
|
Name |
Hon. Carlos A. Rodriguez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-02-15
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s February 14, 2022 motion for attorney’s fees is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
Docket Date |
2022-02-14
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **Stricken**
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2022-01-25
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2022-01-25
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court’s December 3, 2021 order.
|
|
Docket Date |
2021-12-03
|
Type |
Order
|
Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the November 12, 2021 motion of Donna Greenspan Solomon, Esq., and Solomon Appeals, Mediation & Arbitration for leave to withdraw as counsel for BRF Group Contractors, Inc. is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc'ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Accordingly, it isORDERED that the appeal on behalf of BRF Group Contractors, Inc. shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. Further, ORDERED that this case is stayed pending the above. Further, ORDERED that appellant’s November 29, 2021 motion for extension of time to file initial brief is denied as moot.
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|
Docket Date |
2021-11-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-11-12
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-10-25
|
Type |
Order
|
Subtype |
Order on Motion to Withdraw Filing
|
Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellee’s October 22, 2021 motion to withdraw the motion to dismiss is granted, and the motion to dismiss filed on October 22, 2021, is considered withdrawn.
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|
Docket Date |
2021-10-22
|
Type |
Motions Other
|
Subtype |
Motion to Withdraw Filing
|
Description |
Motion To Withdraw Pleadings ~ NOTICE OF WITHDRAWAL OF MOTION
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-09-20
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Granting Rehearing ~ ORDERED that appellant’s August 11, 2021 motion for rehearing is granted. Further, ORDERED that this court’s August 10, 2021 order is vacated. The appeal is reinstated, and appellate time periods shall run from the date of this order. Further, ORDERED that appellee’s August 13, 2021 motion for attorney’s fees is denied as moot.
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|
Docket Date |
2021-08-13
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-08-11
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-08-10
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ (REINSTATED 9/20/21)
|
|
Docket Date |
2021-08-10
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ **VACATED SEE 9/20/21 ORDER**ORDERED that, upon consideration of appellant's July 7, 2021 jurisdictional brief and appellee's July 19, 2021 response, this appeal is dismissed for lack of jurisdiction. Fla. R. App. P. 9.030(b)(1)(A), 9.110(a)(1); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974); Chan v. Brunswick Corp., 388 So. 2d 274, 275 (Fla. 4th DCA 1980).WARNER, DAMOORGIAN and CIKLIN, JJ., concur.
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|
Docket Date |
2021-07-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-07-13
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2021-07-08
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ ORDERED that appellant’s July 7, 2021 motion to accept jurisdictional brief as timely filed is granted. The jurisdictional brief was filed on July 7, 2021.
|
|
Docket Date |
2021-07-07
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO ACCEPT TIMELY-FILED RESPONSE
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-07-07
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-07-07
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-06-24
|
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 May 22, 2021 final judgments are appealable final orders pursuant to Florida Rule of Appellate Procedure 9.110 as paragraph 4 states that a hearing is scheduled for July 15, 2021, to determine whether Quattrochi & Torres, P.A. shall be responsible for sanctions in addition for defendant, BRF Group Contractors, Inc. indicating that further judicial labor remains. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (finding that a final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”). FurtherAppellee may file a response within ten (10) days of service of that statement.
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|
Docket Date |
2021-06-23
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
BRF Group Contractors, Inc.
|
|
Docket Date |
2021-06-22
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
BRF Group Contractors, Inc.
|
|
Docket Date |
2021-06-22
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date 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. 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 lower tribunal clerk's determination of indigent status is filed.
|
|
Docket Date |
2021-06-22
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-06-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
BRF GROUP CONTRACTORS, INC. VS JP III HOLDINGS, LLC
|
4D2021-1067
|
2021-03-16
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20015772
|
Parties
Name |
BRF GROUP CONTRACTORS, INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Donna Greenspan Solomon
|
|
Name |
JP III HOLDINGS LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Donald J. Thomas, Georgia T. Garnecki, Maria Larrabure
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-05-12
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ Upon consideration of appellee's May 5, 2021 response, it is ORDERED that appellant's April 20, 2021 motion for rehearing is denied.
|
|
Docket Date |
2021-05-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-04-20
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION FOR REHEARING.
|
On Behalf Of |
BRF Group Contractors, Inc.
|
|
Docket Date |
2021-04-20
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
BRF Group Contractors, Inc.
|
|
Docket Date |
2021-04-05
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2021-04-05
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2021-04-05
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed as Untimely ~ Upon consideration of appellant's March 29, 2021 response and appellee's March 29, 2021 response, it is ORDERED that the above-styled appeal is dismissed as untimely filed. The circuit court's December 8, 2020 "order denying motion to stay and setting appellate bond" effectively denied appellant's August 13, 2020 “motion for reconsideration and motion to vacate or set aside default final judgment” filed in the county court.MAY, GERBER and KUNTZ, JJ., concur.
|
|
Docket Date |
2021-03-29
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending ~ AMENDED.
|
On Behalf Of |
BRF Group Contractors, Inc.
|
|
Docket Date |
2021-03-29
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
JP III Holdings, LLC
|
|
Docket Date |
2021-03-29
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that the parties are directed, within ten (10) days from the date of this order, to advise this court as to whether appellant’s August 13, 2020 “motion for reconsideration and motion to vacate or set aside default final judgment” directed at the July 29, 2020 “default final judgment for eviction” in county court case number COCE20-004839 remains pending.
|
|
Docket Date |
2021-03-17
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
BRF Group Contractors, Inc.
|
|
Docket Date |
2021-03-17
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-03-17
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
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. 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. 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.
|
|
Docket Date |
2021-03-16
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-03-16
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
BRF Group Contractors, Inc.
|
|
|