| Classification |
NOA Non Final - County Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COSO21007767
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Parties
| Name |
MARIA SANCHEZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
All Others in Possession
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Liz Vargas
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GAGANA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robin Felicity Hazel, Kymberlee C. Smith
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|
| Name |
Hon. Corey Amanda Cawthon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-04-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2022-03-10
|
| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2021-12-27
|
| Type |
Brief
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| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
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| On Behalf Of |
Gagana, LLC
|
|
| Docket Date |
2021-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's November 29, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before December 27, 2021. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-11-29
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
Gagana, LLC
|
|
| Docket Date |
2021-11-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that Robin F. Hazel, Esquire’s November 1, 2021 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ ***STRICKEN 11/1/21***
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| On Behalf Of |
Gagana, LLC
|
|
| Docket Date |
2021-10-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2021-10-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Liz Vargas
|
|
| Docket Date |
2021-10-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
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| On Behalf Of |
Liz Vargas
|
|
| Docket Date |
2021-10-25
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
All Others in Possession
|
|
| Docket Date |
2021-10-14
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that appellants are directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal which contains the names of the appellants and their individual signatures.
|
|
| Docket Date |
2021-10-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that this appeal shall proceed. See Fla. R. App. P. 9.130(a)(3)(B); Minalla v.Equinamics Corp., 954 So. 2d 645, 646 n.1 (Fla. 3d DCA 2007) (citing Hughes v. First Fed. Sav. & Loan Ass'n, 621 So. 2d 557 (Fla. 4th DCA 1993)). Further,ORDERED sua sponte that the court determines that this appeal seeks review of a non–final order, rather than a final order. Fla. R. App. P. 9.130(a)(3)(B). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order.See Florida Rule of Appellate Procedure 9.130(e), 9.220.
|
|
| Docket Date |
2021-09-29
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
LT Certificate of Indigency
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-09-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 32 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-09-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ APPLICATION FOR INDIGENT STATUS
|
| On Behalf Of |
Maria Sanchez
|
|
| Docket Date |
2021-09-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-09-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2021-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Maria Sanchez
|
|
| Docket Date |
2021-10-29
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-AE ~ It appears that a motion to dismiss has been filed in this court on behalf of appellee, Gagana, LLC, a corporation, which was not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Commc'ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008). Accordingly, it isORDERED that appellee Gagana, LLC shall be barred from filing any brief and from oral argument or participating in any other way in this case unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf and files an amended motion to dismiss.
|
|
| Docket Date |
2021-09-20
|
| 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 September 13, 2021 order is a final appealable order, as the order appears to indicate further judicial labor is required in the lower court. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-09-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
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