| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA002382
|
Parties
| Name |
THE TECHNOWISE GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ricardo Alberto Reyes
|
|
| Name |
6100 PARKWAY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SHAUN H. MALVIN, JOSHUA BENJAMIN FEINBERG
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-10-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellee's September 9, 2019 motion to dismiss, appellant’s September 19, 2019 jurisdictional statement and response to appellee's motion to dismiss, and appellee's September 25, 2019 response to appellant's jurisdictional statement, it is ORDERED that the motion to dismiss is granted and the above-styled appeal is dismissed without prejudice as an appeal from a nonfinal, non-appealable order. See Mendez v. West Flagler Family Ass’n, Inc., 303 So. 2d 115 (Fla. 1974); Koe v. Citizens Property Ins. Co., 225 So. 3d 983 (Fla. 3d DCA 2017); further,ORDERED that the appellee’s September 9, 2019 motion for attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2019-09-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
6100 PARKWAY, LLC
|
|
| Docket Date |
2019-09-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATEMENT OF JURISDICTION
|
| On Behalf Of |
6100 PARKWAY, LLC
|
|
| Docket Date |
2019-09-19
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ *AND* RESPONSE TO MOTION TO DISMISS
|
| On Behalf Of |
THE TECHNOWISE GROUP, INC.
|
|
| Docket Date |
2019-09-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
6100 PARKWAY, LLC
|
|
| Docket Date |
2019-09-09
|
| 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 how the “second amended order granting 6100 Parkway, LLC’s motion for partial summary judgment served on 4/4/19 & argued 7/2/19” is a final, appealable order, as it is unclear whether there are remaining, interrelated claims pending in the lower tribunal. Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974) (holding that an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending); Koe v. Citizens Property Ins. Co., 225 So. 3d 983 (Fla. 3d DCA 2017) (holding that orders dismissing two claims do not amount to appealable partial final judgments under rule 9.110(k) because interrelated claims involving the same parties and underlying facts in both cases remain pending below); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-09-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS AND MOTION FOR FEES
|
| On Behalf Of |
6100 PARKWAY, LLC
|
|
| Docket Date |
2019-09-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
THE TECHNOWISE GROUP, INC.
|
|
| Docket Date |
2019-09-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
6100 PARKWAY, LLC
|
|
| Docket Date |
2019-09-06
|
| 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 |
2019-09-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
THE TECHNOWISE GROUP, INC.
|
|
| Docket Date |
2019-09-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
