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MICHAEL KIM AND TRAIL MANAGEMENT, LLC VS WESTWATER CONSTRUCTION, INC.
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2D2019-1528
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2019-04-23
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2013CA-2930NC
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Parties
| Name |
MICHAEL-KIM CORPORATION
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| Role |
Appellant
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| Status |
Active
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| Representations |
DEREK A. DI PASQUALE, ESQ.
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| Name |
TRAIL MANAGEMENT, LLC
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| Role |
Appellant
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| Status |
Active
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| Name |
WESTWATER CONSTRUCTION INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
SHIRIN M. VESELY, ESQ.
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| Name |
SARASOTA CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2019-07-18
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| Type |
Order
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| Subtype |
Order on Motion to Stay
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| Description |
Order Denying Emergency Motion to Stay ~ Appellant’s emergency motion to stay is denied as moot.
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| Docket Date |
2019-08-14
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| Type |
Misc. Events
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| Subtype |
Case Closed
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| Description |
Case Closed
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| Docket Date |
2019-07-10
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
dismiss/no fee/order of insolvency ~ This appeal is dismissed because of the appellant's failure to satisfy this court's April 23, 2019, fee order and June 5, 2019, order.
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| Docket Date |
2019-07-10
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
Emergency Motion To Stay ~ PETITIONER/APPELLANT'S MOTION FOR STAY OF PROCEEDINGS
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| On Behalf Of |
MICHAEL KIM
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| Docket Date |
2019-07-10
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge ~ CASANUEVA, SLEET, AND ROTHSTEIN-YOUAKIM
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| Docket Date |
2019-07-02
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
SARASOTA CLERK
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| Docket Date |
2019-06-05
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORD-DISCHARGING SHOW CAUSE ~ The April 23, 2019, order to show cause is discharged.The order on appeal grants attorney's fees and costs as a sanction under FloridaStatute section 57.105(1), but it does not determine the amount.Appellant shall show cause within fifteen days why this appeal should not bedismissed as from a nonfinal, nonappealable order.
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| Docket Date |
2019-05-10
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORD-DISCHARGING SHOW CAUSE ~ The April 23, 2019, order to show cause is discharged. The order on appeal grants attorney's fees and costs as a sanction under Florida Statute section 57.105(1), but it does not determine the amount.Appellant shall show cause within fifteen days why this appeal should not be dismissed as from a nonfinal, nonappealable order.
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| Docket Date |
2019-05-09
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
Miscellaneous Trial Court Order ~ AMENDED ORDER GRANTING 57.105 SANCTIONS IN FAVOR OF WESTWATER CONSTRUCTION, Ir,JC. AND MARK. MILLER AND DENYING THIRD PARTY COUNTERCLAIMANT, MICHAEL KIM'S MOTION FOR SANCTIONS
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| On Behalf Of |
MICHAEL KIM
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| Docket Date |
2019-05-09
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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 |
MICHAEL KIM
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| Docket Date |
2019-04-24
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ The corporate appellant will require representation from a licensed attorney. If one fails to enter a notice of appearance within fifteen days from the date of this order, Trail Management LLC will be removed from this proceeding.
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| Docket Date |
2019-04-23
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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| Docket Date |
2019-04-23
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
MICHAEL KIM
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| Docket Date |
2019-04-23
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| Type |
Order
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| Subtype |
Show Cause re No Order Appealed
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| Description |
OSC - no order appealed ~ ***DISCHARGED***(see 06/05/19 order)Appellant shall show cause within fifteen days why this appeal should not be dismissed for lack of jurisdiction, as appellant has failed to provide a copy of the order appealed as required by Florida Rule of Appellate Procedure 9.110(d), and this court is unable thereby to determine its jurisdiction.
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| Docket Date |
2019-04-23
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
HL:Fee Owed
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MICHAEL KIM, ET AL., VS WEIFEN KAO, A/K/A JENNY KAO
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2D2018-0717
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2018-02-22
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2017-CA-002341-NC
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Parties
| Name |
MICHAEL KIM (DNU)
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| Role |
Appellant
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| Status |
Active
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| Name |
TRAIL MANAGEMENT, LLC
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| Role |
Appellant
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| Status |
Active
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| Name |
WEIFEN KAO, A/K/A JENNY KAO
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| Role |
Appellee
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| Status |
Active
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| Representations |
MICHAEL A. FRANCE, ESQ.
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| Name |
HON. ANDREA MC HUGH
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
SARASOTA CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2018-08-10
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| Type |
Misc. Events
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| Subtype |
Case Closed
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| Description |
Case Closed
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| Docket Date |
2018-07-12
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed for failure of the appellant to comply with this court’s February 27, 2018 fee order and April 27, 2018 order.
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| Docket Date |
2018-07-12
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge ~ CASANUEVA, LUCAS, AND ROTHSTEIN-YOUAKIM
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| Docket Date |
2018-05-22
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ MCHUGH - 196 PAGES
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| Docket Date |
2018-04-12
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion To Withdraw as Counsel
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| Description |
Motion To Withdraw as Counsel
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| On Behalf Of |
MICHAEL KIM (DNU)
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| Docket Date |
2018-02-27
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty
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| Docket Date |
2018-02-27
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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| Docket Date |
2018-02-22
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
MICHAEL KIM (DNU)
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| Docket Date |
2018-02-22
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
HL:Fee Owed
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| Docket Date |
2018-04-27
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| Type |
Order
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| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
ORD-WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for Appellants filed by Attorney Christopher Scott Graves is granted. Attorney Graves & Chancery Legal Group, P.A. are relieved of further appellate responsibilities. Within 30 days from the date of this order, appellant Michael Kim may secure new counsel and appellant Trail Management, LLC, must secure new counsel, who must file a notice of appearance in this court. Although the individual appellant may appear pro se, Trail Management, LLC, must retain counsel. See Punta Gorda Pines Dev., Inc. v. Slack Excavating, Inc., 468 So. 2d 438, 438 (Fla. 2d DCA 1985). If counsel does not file not file an appearance within 30 days of the date of this order, this appeal will be dismissed as to appellant Trail Management, LLC.Compliance with this court's February 27, 2018, fee order is overdue. Appellants shall comply with said order within 20 days of the date of this order. Appellants shall serve the initial brief within 45 days of the date of this order.
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