| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
22-580-CA
|
Parties
| Name |
HAMILTON STAPLES
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOSEPH IANNELLO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROJECT EXIT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GREGG M. HOROWITZ, ESQ.
|
|
| Name |
AMELIA PERRI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. GEOFFREY H. GENTILE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
CHARLOTTE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-09
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-11-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ NORTHCUTT, KHOUZAM, and SMITH
|
|
| Docket Date |
2022-11-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
writ dismissal ~ This proceeding is dismissed for petitioner's failure to comply with this court'sOctober 19, 2022, order.
|
|
| Docket Date |
2022-10-19
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA TREATED AS WRIT ~ This court's August 2, 2022, order to show cause is discharged. This case willproceed in certiorari and review will be limited to the dissolution of the lis pendens.Petitioner shall serve the petition and appendix within fifteen days of the date of thisorder. Failure to timely comply with this order will subject this proceeding to dismissalwithout further notice.
|
|
| Docket Date |
2022-09-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ This court has reviewed the order on appeal, the order from the United States Bankruptcy Court Middle District of Florida contained in Appellant's response to this court's fee order, and the bankruptcy court docket for case 2:20-bk-08645-FMD. It is this court's preliminary determination that the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code does not apply, and this case will proceed. Any party may challenge this determination by filing of an appropriate motion within fifteen days of the date of this order. The order on appeal grants a motion to dismiss but does not actually dismiss the complaint. It appears to lack sufficient words of finality. Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order that dismisses the complaint. Should appellant provide this court with such an appealable, final order within twenty days, this appeal will proceed to consideration. If Appellant fails to present an appealable order within that time frame, this case will be converted to a proceeding in certiorari to review only the dissolution of the lis pendens.
|
|
| Docket Date |
2022-09-09
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
HAMILTON STAPLES
|
|
| Docket Date |
2022-09-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS RESPONSE TO THE COURTS ORDER TO SHOW CAUSE PROVIDING PROOF APPELLANTS APPEAL IS FROM A FINAL ORDER
|
| On Behalf Of |
HAMILTON STAPLES
|
|
| Docket Date |
2022-08-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-08-02
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC/Better Gov't Assn (motion to dismiss) ~ Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Hayward & Assocs., Inc. v. Hoffman, 793 So. 2d 89, 91 (Fla. 2d DCA 2001) ("[I]t is well-established that an order that merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."); Better Gov't Ass'n of Sarasota Cnty. v. State, 802 So. 2d 414, 415 n.3 (Fla. 2d DCA 2001). Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. Should appellant provide this court with such an appealable, final order within twenty days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order"). If Appellant fails to present an appealable order within that time frame or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice.
|
|
| Docket Date |
2022-08-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2022-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
HAMILTON STAPLES
|
|
|
