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HILLSBORO INLET INVESTMENTS, LLC and FLORIDA REALTY SALES, INC., Appellant(s) v. BROWARD ICW INVESTMENTS, LLC, et al., Appellee(s).
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4D2024-2564
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2024-10-07
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Open
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-008591
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Parties
| Name |
HILLSBORO INLET INVESTMENTS LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Zachary Paul Hyman
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| Name |
FLORIDA REALTY SALES, INC
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| Role |
Appellant
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| Status |
Active
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| Name |
BROWARD ICW INVESTMENTS LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Carrie Robinson, George Stephen LeMieux, Jennifer Helmy Wahba, John W Salmon, Lauren A. Marcil, Luna Ergas Phillips, Noah Temple Sjostrom, Ricardo Alberto Reyes, Robert Chase Meacham
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| Name |
HILLSBORO INLET CORPORATION
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| Role |
Appellee
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| Status |
Active
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| Name |
Parcel 1 and Parcel 4 Intervenors
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| Role |
Appellee
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| Status |
Active
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| Name |
Board of Trustees of the Internal Improvement Trust Fund, etc.
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| Role |
Appellee
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| Status |
Active
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| Name |
HILLSBORO REALTY, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
COASTAL ENERGY RESOURCES LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
BROWARD COUNTY ICW LAND, LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
BROWARD ICW CROSSINGS LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
BROWARD ICW DOCKS LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Jack Ben Tuter, Jr.
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Broward Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-11-05
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| Type |
Motions Other
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| Subtype |
Motion for Leave to File Reply
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| Description |
Motion For Leave To File Reply To Appellants' Amended Response To Motion To Dismiss
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| Docket Date |
2024-11-04
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| Type |
Order
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| Subtype |
Order on Consolidation
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| Description |
ORDERED that, upon consideration of Appellants' November 1, 2024 Notice of Related Cases, case number 4D2024-2791 and consolidated case number 4D2024-2564 are consolidated for purposes of assignment to the same appellate panel only.
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| View |
View File
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| Docket Date |
2024-10-31
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| Type |
Response
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| Subtype |
Response
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| Description |
Appellants' Amended Response to Motion to Dismiss
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| On Behalf Of |
Hillsboro Inlet Investments, LLC
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| Docket Date |
2024-10-30
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Appellant's Notice to Withdraw Amended Response to Motion to Dismiss
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| On Behalf Of |
Hillsboro Inlet Investments, LLC
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| Docket Date |
2024-10-29
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORDERED that Appellants' October 25, 2024 motion 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 General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the Appellees with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellees. Appellants may re-file the document with a proper certificate of service which indicates service on the Appellees within fifteen (15) days from the date of this order.
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| View |
View File
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| Docket Date |
2024-10-25
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Motion to Dismiss
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| On Behalf Of |
Hillsboro Inlet Investments, LLC
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| Docket Date |
2024-10-18
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| Type |
Order
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| Subtype |
Order on Consolidation
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| Description |
ORDERED that, upon consideration of Appellees' October 15, 2024 Notice of Related Cases, case numbers 4D2024-2564, 4D2024-2566, and 4D2024-2568 are consolidated for purposes of assignment to the same appellate panel only.
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| View |
View File
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| Docket Date |
2024-10-15
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| Type |
Notice
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| Subtype |
Related Case(s)
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| Description |
Notice of Related Case(s)
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| On Behalf Of |
Broward ICW Investments, LLC
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| View |
View File
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| Docket Date |
2024-10-08
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix
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| Docket Date |
2024-10-08
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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 |
2024-10-07
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| View |
View File
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| Docket Date |
2024-10-07
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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 |
2024-10-07
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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 |
2024-11-13
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED that the Appellees' November 5, 2024 motion for leave to file a reply is granted, and the reply is deemed filed. Further,
ORDERED that, upon consideration of the Appellants' October 31, 2024 amended response and the Appellee's November 5, 2024 reply, the Appellees' October 7, 2024 motion to dismiss is granted, and this appeal is dismissed. Mendez v. W. Flagler Family Ass'n, 303 So. 2d 1, 5 (Fla. 1974); Pineside Condo. Ass'n, Inc. v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022).
DAMOORGIAN, LEVINE and ARTAU, JJ., concur.
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| View |
View File
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NE 32nd Street LLC; Hillsboro Inlet Investments, LLC; Broward ICW Investments, LLC; and South Spanish Trail, LLC, Florida limited liability companies, Appellant(s) v. The Board of Trustees of the Internal Improvement Trust Fund and The Florida Department of Environmental Protection, Appellee(s).
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1D2022-0532
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2022-02-23
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Closed
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| Classification |
NOA Final - Administrative - Other
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| Court |
1st District Court of Appeal
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| Originating Court |
Administrative Agency
21-2495RX
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Parties
| Name |
SOUTH SPANISH TRAIL, LLC
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| Role |
Appellant
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| Status |
Active
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| Name |
NE 32ND STREET LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
John J. Fumero, Susan Roeder Martin
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| Name |
HILLSBORO INLET INVESTMENTS LLC
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| Role |
Appellant
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| Status |
Active
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| Name |
BROWARD ICW INVESTMENTS LLC
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| Role |
Appellant
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| Status |
Active
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| Name |
Florida Department of Environmental Protection
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jeffrey Brown, Justin G. Wolfe, Ronald W. Hoenstine III, Chadwick R. Stevens
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| Name |
Board of Trustees of the Internal Improvement Trust Fund
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| Role |
Appellee
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| Status |
Active
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| Name |
Darren A. Schwartz
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Julie Hunsaker
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-03-18
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 1362 pages
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| On Behalf Of |
Julie Hunsaker
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| Docket Date |
2022-03-16
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| Type |
Misc. Events
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| Subtype |
Docketing Statement
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| Description |
Docketing Statement
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| On Behalf Of |
NE 32nd Street LLC
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| Docket Date |
2022-02-24
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
CASE FILING FEE PAID THROUGH PORTAL
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| On Behalf Of |
NE 32nd Street LLC
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| Docket Date |
2022-05-20
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
Florida Department of Environmental Protection
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| Docket Date |
2022-04-25
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Motion For Oral Argument
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| On Behalf Of |
NE 32nd Street LLC
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| Docket Date |
2022-04-21
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
NBBF Discharged ~ Upon review of the recently filed amended brief by the Appellant in this case, the Court sua sponte discharges its order of April 19, 2022, requiring Appellant to file an amended brief or to show cause why the sanctions should not be imposed.
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| Docket Date |
2022-02-24
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Administrative / Acknowledgement letter ~ Notice of Appeal in this Administrative action, filed in this Court on February 23, 2022, and in the lower tribunal on February 23, 2022.
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| Docket Date |
2022-02-23
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| Type |
Misc. Events
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| Subtype |
Order Appealed
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| Description |
Order Appealed
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| On Behalf Of |
Julie Hunsaker
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| Docket Date |
2022-02-23
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| Type |
Notice
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| Subtype |
Notice of Appeal Transmittal Form
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| Description |
Notice of Appeal Transmittal Form
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| On Behalf Of |
Julie Hunsaker
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| Docket Date |
2022-04-19
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| Type |
Order
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| Subtype |
Order
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| Description |
Notice Non-Compliant Initial Brief ~ DISCHARGED The initial brief filed by the Appellant on April 18, 2022, fails to comply with Florida Rule of Appellate Procedure 9.045, 9.210, or 9.420 or Florida Rules of General Practice and Judicial Administration 2.420, 2.515, or 2.516. The initial brief:exceeds the applicable word count or lacks a certification of word count, if computer-generatedWithin 10 days of this order, Appellant may serve a complete amended initial brief that complies with the above rules. The brief should be clearly designated as "amended." Substitute pages will not be accepted. Alternatively, Appellant may file a response that shows cause why the initial brief cannot be corrected. Failure to comply with this order may result in imposition of sanctions, which may include dismissal of the case. See Fla. R. App. P. 9.410. Upon the filing of a compliant amended initial brief, this Court will issue an order that discharges this order. The time for service of any authorized responsive brief will be 30 days from the date of the order discharging this order.
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| Docket Date |
2022-04-19
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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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| On Behalf Of |
NE 32nd Street LLC
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| Docket Date |
2022-04-18
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
NE 32nd Street LLC
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| Docket Date |
2023-09-26
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2023-09-26
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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| Docket Date |
2023-09-06
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed
372 So. 3d 636
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| View |
View File
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| Docket Date |
2022-12-05
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| Type |
Order
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| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
OA Denied ~ Appellant's motion for oral argument docketed April 25, 2022, is denied.
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| Docket Date |
2022-08-09
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
NE 32nd Street LLC
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| Docket Date |
2022-07-20
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
Florida Department of Environmental Protection
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| Docket Date |
2022-06-13
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Grant Ans Brf Ext/No Fur EOT unless Extraord ~ The Court grants Appellees’ motion for extension of time to serve the answer brief, docketed on May 20, 2022. Appellees shall serve the answer brief on or before July 20, 2022. No further extensions will be granted except upon a showing of emergency circumstances.
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