| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21-017675
|
Parties
| Name |
New Tocaya Holdings, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Douglas F. Eaton, Jonathan Feldman
|
|
| Name |
CHIXEGG, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard Sarafan
|
|
| Name |
Tocaya Holdings, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that, upon consideration of appellant’s July 20, 2022 motion for rehearing and appellee’s July 25, 2022 response, appellant’s motion for rehearing is denied.
|
|
| Docket Date |
2022-07-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AMENDED OPPOSITION TO APPELLANT'S MOTION FOR REHEARING
|
| On Behalf Of |
Chixegg, LLC
|
|
| Docket Date |
2022-07-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's July 22, 2022 opposition to appellant’s motion for rehearing is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-07-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** OPPOSITION TO APPELLANT'S MOTION FOR REHEARING
|
| On Behalf Of |
Chixegg, LLC
|
|
| Docket Date |
2022-07-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
New Tocaya Holdings, LLC
|
|
| Docket Date |
2022-07-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s June 2, 2022 jurisdictional brief and appellee’s June 10, 2022 response, the above-styled appeal is dismissed for lack of jurisdiction. See Frier v. Frier, 13 So. 3d 145 (Fla. 1st DCA 2009). Further,ORDERED that appellant’s June 21, 2022 motion to stay is denied as moot.GERBER, LEVINE and ARTAU, JJ., concur.
|
|
| Docket Date |
2022-07-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-06-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR STAY
|
| On Behalf Of |
Chixegg, LLC
|
|
| Docket Date |
2022-06-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
New Tocaya Holdings, LLC
|
|
| Docket Date |
2022-06-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ SUPPLEMENT TO AND CLARIFICATION OF JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Chixegg, LLC
|
|
| Docket Date |
2022-06-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Chixegg, LLC
|
|
| Docket Date |
2022-06-02
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
New Tocaya Holdings, LLC
|
|
| Docket Date |
2022-05-24
|
| 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 March 29, 2022 order is an appealable nonfinal order, as it appears the order merely denies a motion to dismiss. See Couto v. People’s Tr. Ins. Co., 320 So. 3d 224, 225 n.1 (Fla. 3d DCA 2021) (holding an order denying a motion to dismiss is a nonappealable, nonfinal order); Fisher v. Int’l Longshoremen’s Ass’n, 827 So. 2d 1096, 1097 (Fla. 1st DCA 2002) (“Therefore, only those interlocutory orders that determine issues involving service of process or the applicability of the long arm statute are appealable under [Rule 9.130(a)(3)(C)(i)].”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-05-23
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
New Tocaya Holdings, LLC
|
|
| Docket Date |
2022-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s May 6, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 21, 2022. 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.
|
|
| Docket Date |
2022-05-06
|
| 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 |
New Tocaya Holdings, LLC
|
|
| Docket Date |
2022-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
New Tocaya Holdings, LLC
|
|
| Docket Date |
2022-05-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
New Tocaya Holdings, LLC
|
|
| Docket Date |
2022-04-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
New Tocaya Holdings, LLC
|
|
| Docket Date |
2022-04-27
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2022-04-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
