| Classification |
NOA Final - Administrative - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Administrative Agency
5000236646
|
Parties
| Name |
April Harry N. Quinones
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FUR SYSTEMS LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Florida Department of Revenue
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jacek P. Stramski
|
|
Docket Entries
| Docket Date |
2022-05-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s April 26, 2022 response, it is ORDERED that the motion to dismiss contained in appellee’s April 19, 2022 response is granted, and the above-styled appeal is dismissed for lack of jurisdiction. See Hill v. Div. of Ret., 687 So. 2d 1376 (Fla. 1st DCA 1997) (holding an order is not final until it has been filed with an agency clerk). In light of appellee acknowledging there is “significant quasi-judicial administrative labor to be done” on appellant’s petition, dismissal is without prejudice to appellant seeking an appeal once a final order has been entered on the March 8, 2021 petition. Further, ORDERED that appellant’s April 11, 2022 “motion to be treated as pro se appellant” is denied as moot.
|
|
| Docket Date |
2022-05-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-04-26
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO THE MOTION TO DISMISS, AND REBUTTAL TO THE APPELLEE'S RESPONSE
|
| On Behalf Of |
April Harry N. Quinones
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to the April 22, 2022 motion to dismiss.
|
|
| Docket Date |
2022-04-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AND MOTION TO DISMISS.
|
| On Behalf Of |
Florida Department of Revenue
|
|
| Docket Date |
2022-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Department of Revenue
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of the documents contained in appellant's April 8, 2022 filing, the appellee shall file, within ten (10) days from the date of this order, a statement explaining the procedural history of the proceedings below regarding the request for a corporate tax refund and whether the petition received by the Department on March 17, 2021, should have been treated as a notice of appeal and transmitted to the appropriate appellate court. See Fla. R. App. P. 9.110(c) ("In an appeal to review final orders of lower administrative tribunals, the appellant shall file the notice with the clerk of the lower administrative tribunal within 30 days of rendition of the order to be reviewed, and shall also file a copy of the notice, accompanied by any filing fees prescribed by law, with the clerk of the court."); § 72.011(1)(a), Fla. Stat. (2021) ("[J]udicial review shall be exclusively limited to appellate review pursuant to s. 120.68"); § 120.68(2)(a), Fla. Stat. (2021) ("Judicial review shall be sought in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law.").
|
|
| Docket Date |
2022-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
April Harry N. Quinones
|
|
| Docket Date |
2022-04-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
April Harry N. Quinones
|
|
| Docket Date |
2022-04-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
April Harry N. Quinones
|
|
| Docket Date |
2022-04-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2022-04-08
|
| 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.
|
|
|
| Classification |
NOA Final - Administrative - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Administrative Agency
5000220207
|
Parties
| Name |
April Harry N. Quinones
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FUR SYSTEMS LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Florida Department of Revenue
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jacek P. Stramski
|
|
Docket Entries
| Docket Date |
2022-04-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO BE TREATED AS PRO SE APPELLANT
|
| On Behalf Of |
April Harry N. Quinones
|
|
| Docket Date |
2022-04-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of the documents contained in appellant’s April 7, 2022 filing, the appellee shall file, within ten (10) days from the date of this order, a statement explaining the procedural history of the proceedings below regarding the request for a corporate tax refund and whether the petition received by the Department on October 28, 2020 should have been treated as a notice of appeal and transmitted to the appropriate appellate court. See § 72.011(1)(a), Fla. Stat. (2021) (“[J]udicial review shall be exclusively limited to appellate review pursuant to s. 120.68); § 120.68(2)(a), Fla. Stat. (2021) (“Judicial review shall be sought in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law.”).
|
|
| Docket Date |
2022-05-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-05-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s April 25, 2022 response, it is ORDERED that the motion to dismiss contained in appellee’s April 19, 2022 jurisdictional statement is granted, and the above-styled appeal is dismissed for lack of jurisdiction. See Hill v. Div. of Ret., 687 So. 2d 1376 (Fla. 1st DCA 1997) (holding an order is not final until it has been filed with the agency clerk). In light of appellee acknowledging there is “significant quasi-judicial labor to be done” on appellant’s petition, dismissal is without prejudice to appellant seeking an appeal once a final order has been entered on the October 28, 2020 petition. Further, ORDERED that appellant’s April 7, 2022 “motion to be treated as pro se appellant” is denied as moot.LEVINE, FORST and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2022-04-25
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO THE MOTION TO DISMISS
|
| On Behalf Of |
April Harry N. Quinones
|
|
| Docket Date |
2022-04-21
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellants are directed to respond, within ten (10) days from the date of this order, to appellee’s April 19, 2022 motion to dismiss.
|
|
| Docket Date |
2022-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO THE APRIL 11, 2022, ORDER AND MOTION TO DISMISS APPEAL
|
| On Behalf Of |
Florida Department of Revenue
|
|
| Docket Date |
2022-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Department of Revenue
|
|
| Docket Date |
2022-04-07
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
April Harry N. Quinones
|
|
| Docket Date |
2022-04-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-04-06
|
| 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 |
2022-04-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2022-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
April Harry N. Quinones
|
|
| Docket Date |
2022-04-07
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
Corporation must be Represented by an Attorney ~ It appears that the notice of appeal on behalf of appellant, Fur Sy, a corporation, was not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Commc'ns, 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. 2d DCA 2008). Accordingly, it isORDERED that this appeal will be dismissed as to appellant Fur Systems, LLC unless within twenty (20) days from the date of this order the corporation files an amended notice of appeal signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel;FURTHER ORDERED that this appeal is stayed pending compliance with this order.
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