| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562023CA000208
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Parties
| Name |
Yaimara Lewis
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Anthony B. Lewis
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| Role |
Appellant
|
| Status |
Active
|
| Representations |
David J. Volk, Bryan J. Yarnell
|
|
| Name |
SOLAR BEAR LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RHINO ROOFS & GENERAL CONSTRUCTION CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rohom Khonsari, Lawrence S. Klitzman
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|
| Name |
Hon. Brett M. Waronicki
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - St. Lucie
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
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Docket Entries
| Docket Date |
2023-07-26
|
| Type |
Disposition
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| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
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|
| Docket Date |
2023-07-26
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 24, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-07-24
|
| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
Anthony B. Lewis
|
|
| Docket Date |
2023-07-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Anthony B. Lewis
|
|
| Docket Date |
2023-07-06
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), 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 |
2023-07-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Anthony B. Lewis
|
|
| Docket Date |
2023-07-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-10
|
| 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, appellants 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. Appellants shall specifically address how the June 8, 2023 “Order Granting Defendant Solar Bear’s Verified Motion to Set Aside Clerk Default and Response to Motion for Judicial Default” is a final or nonfinal appealable order, as it merely sets aside a clerk’s default, does not enter judgment for or against a party, and the judicial labor appears incomplete as a rehearing is scheduled for July 20, 2023. See Fla. R. App. P. 9.110, 9.130(a)(3); see also 2014 Amendment Committee Notes to Fla. R. App. P. 9.130 (“An order vacating a default is generally not reviewable absent a final default judgment.”); Howard v. McAuley, 436 So. 2d 392 (Fla. 2d DCA 1983); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (“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.”); Pineside Condo. Ass’n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) (“Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed.”); BMW Fin. Servs. NA, LLC v. Alger, 834 So. 2d 408 (Fla. 5th DCA 2003) (“An order on a motion to set aside a clerk's default is not an appealable non-final order under Florida Rule of Appellate Procedure 9.130(a)(3).”). Further,Appellees may file a response within ten (10) days of service of that statement.
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