| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CONO20-000498
|
Parties
| Name |
AIR PROS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Richard Paul Corey, Wayne R. Atkins
|
|
| Name |
UNIFIRST CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John William Gardner
|
|
| Name |
Hon. Louis H. Schiff
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Unifirst Corporation
|
|
| Docket Date |
2021-03-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-03-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s February 23, 2021 jurisdictional brief and appellee’s February 26, 2021 response, this appeal is dismissed for lack of jurisdiction. The circuit court’s January 6, 2021 “order on case status conference” anticipates future judicial proceedings to confirm the arbitration award and enter a final judgment consistent with that arbitration award. Accordingly, this appeal is premature because judicial labor remains in this case. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (explaining that 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). See also Timmons v. Lake City Golf, LLC, 293 So. 3d 596, 598 (Fla. 1st DCA 2020). Further, ORDERED that appellant’s request to treat the February 5, 2021 Notice of Appeal as a Petition for Writ of Certiorari is denied. See McMahan v. McMahan, 223 So. 3d 391, 393 (Fla. 1st DCA 2017) (when an injury can be adequately remedied on appeal following final judgment, jurisdiction for certiorari review is lacking). Further,ORDERED that appellant’s March 10, 2021 motion to relinquish is determined to be moot.WARNER, MAY and DAMOORGIAN , JJ., concur.
|
|
| Docket Date |
2021-03-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Air Pros, LLC
|
|
| Docket Date |
2021-03-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (952 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Air Pros, LLC
|
|
| Docket Date |
2021-02-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's February 24, 2021 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-02-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN**
|
| On Behalf Of |
Unifirst Corporation
|
|
| Docket Date |
2021-02-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ THAT 1st JURISDICTIONAL BRIEF WAS FILED IN ERROR.
|
| On Behalf Of |
Air Pros, LLC
|
|
| Docket Date |
2021-02-23
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Air Pros, LLC
|
|
| Docket Date |
2021-02-22
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ **FILED IN ERROR. SEE JURISDICTIONAL BRIEF FILED 2/23/21**
|
| On Behalf Of |
Air Pros, LLC
|
|
| Docket Date |
2021-02-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Air Pros, LLC
|
|
| Docket Date |
2021-02-10
|
| 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, 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 6, 2021 "order on case status conference" is an appealable final order as it appears judicial labor remains. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (stating that 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); further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-02-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-02-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Air Pros, LLC
|
|
|
