Docket Date |
2024-10-04
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
ORDERED that, upon consideration of Appellant's September 3, 2024 jurisdictional brief and Appellee's September 13, 2024 response, the above-styled appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.110; see also Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014) ("Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order."); Liebman v. Miami-Dade Cnty. Code Compliance Office, 54 So. 3d 1043 (Fla. 3d DCA 2011) ("We lack jurisdiction to review the two orders granting motions to dismiss the complaint without prejudice to amend. These orders are nonfinal and non-appealable.").
GROSS, CIKLIN and KUNTZ, JJ., concur.
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Docket Date |
2024-09-14
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE TO JURISDICTIONAL BRIEF
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Docket Date |
2024-09-03
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Type |
Brief
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Subtype |
Jurisdictional Brief
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Description |
Jurisdictional Brief
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View |
View File
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Docket Date |
2024-08-17
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Type |
Brief
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Subtype |
Amended Initial Brief
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Description |
Amended Initial Brief
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View |
View File
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Docket Date |
2024-08-10
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Type |
Brief
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Subtype |
Amended Answer Brief
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Description |
Amended Answer Brief
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View |
View File
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Docket Date |
2024-08-06
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Type |
Order
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Subtype |
Order Striking Filing
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Description |
ORDERED that Appellee's answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the table of contents does not contain headings/subheadings that identify the issues presented for review and the table of contents does not contain references to the pages on which each issue presented for review is argued. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
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View File
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Docket Date |
2024-08-02
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Answer Brief
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View |
View File
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Docket Date |
2024-08-02
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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Docket Date |
2024-07-09
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Type |
Order
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Subtype |
Order
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Description |
ORDERED that Appellant's July 3, 2024 pleading titled "Motion to Object to Safe Harbor Letter" is treated as Appellant's initial brief.
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View File
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Docket Date |
2024-07-03
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Type |
Brief
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Subtype |
Initial Brief
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Description |
Initial Brief
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View |
View File
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Docket Date |
2024-05-23
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
Order on Motion for Extension of Time to Serve Initial Brief
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View |
View File
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Docket Date |
2024-05-14
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Motion for Extension of Time to Serve Initial Brief
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Docket Date |
2024-04-29
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Record on Appeal-- 39 Pages
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On Behalf Of |
Broward Clerk
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Docket Date |
2024-03-14
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Type |
Order
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Subtype |
Order on Motion for Rehearing
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Description |
Order on Motion for Rehearing
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View |
View File
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Docket Date |
2024-03-01
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Type |
Post-Disposition Motions
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Subtype |
Motion for Rehearing
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Description |
Motion for Rehearing
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Docket Date |
2024-03-01
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Type |
Event
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Subtype |
Fee Satisfied
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Description |
Fee Satisfied
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View |
View File
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Docket Date |
2024-02-29
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
Dismissed
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View |
View File
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Docket Date |
2024-02-27
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Type |
Motions Other
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Subtype |
Motion To Dismiss
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Description |
Motion To Dismiss
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Docket Date |
2024-02-15
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Type |
Notice
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Subtype |
Notice of Appearance
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Description |
Notice of Appearance
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On Behalf Of |
Sedation Dental Spa of South Florida
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Docket Date |
2024-02-14
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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View |
View File
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Docket Date |
2024-02-14
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Type |
Order
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Subtype |
Amended/Additional Filing(s) Needed
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Description |
Order Appealed Needed
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View |
View File
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Docket Date |
2024-02-14
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal
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Docket Date |
2024-10-28
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Type |
Order
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Subtype |
Order on Motion For Attorney's Fees
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Description |
ORDERED that the appellee's August 2, 2024 motion for attorney's fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 766, Florida Statutes (2024), 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 motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
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View File
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Docket Date |
2024-08-20
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Type |
Order
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Subtype |
Order to File Response re Jurisdiction
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Description |
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 January 12, 2024 "Order of Dismissal with Leave to Amend" is a final appealable order, as it states that the dismissal is without prejudice to amending the complaint. See Fla. R. App. P. 9.110; see also Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014) ("Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order."); Liebman v. Miami-Dade Cnty. Code Compliance Office, 54 So. 3d 1043 (Fla. 3d DCA 2011) ("We lack jurisdiction to review the two orders granting motions to dismiss the complaint without prejudice to amend. These orders are non-final and non-appealable."). Further,
Appellee may file a response within ten (10) days of service of that statement.
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