Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-006638
|
Parties
Name |
KHULLAR P.A.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Divya Khullar
|
|
Name |
Divya Khullar
|
Role |
Appellant
|
Status |
Active
|
Representations |
Bart Houston, Barry Gilbert Roderman, Alexander Gabriel Lewitt
|
|
Name |
KHULLAR LAW PLLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Divya Khullar
|
|
Name |
Sanford Roy Topkin
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CINDY GOLDSTEIN, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Cindy A. Goldstein, P.A.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Cindy Allison Goldstein, Gregg Alan Silverstein
|
|
Docket Entries
Docket Date |
2024-05-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2024-11-26
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
ORDERED that Appellant is directed to file a status report, within ten (10) days from the date of this order, as to the progress of the bankruptcy proceedings as to Divya Khullar.
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View |
View File
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|
Docket Date |
2024-11-20
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
|
Docket Date |
2024-11-12
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
ORDERED that the above-styled appeal is dismissed as to Khullar PA and Khullar Law only.
|
View |
View File
|
|
Docket Date |
2024-05-17
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Filing
|
View |
View File
|
|
Docket Date |
2024-10-21
|
Type |
Notice
|
Subtype |
Notice of Compliance
|
Description |
Notice of Compliance
|
On Behalf Of |
Cindy A. Goldstein, P.A.
|
|
Docket Date |
2024-09-27
|
Type |
Notice
|
Subtype |
Notice of Compliance
|
Description |
Notice of Compliance
|
On Behalf Of |
Cindy A. Goldstein, P.A.
|
|
Docket Date |
2024-09-24
|
Type |
Order
|
Subtype |
Order Bankruptcy
|
Description |
A suggestion of bankruptcy having been filed, it is
ORDERED that the parties shall, within fourteen (14) days from the date of this order, request that the United States Bankruptcy Court issue an order stating whether this appeal should be stayed pursuant to 11 U.S.C. § 362(a) or any other provision of the United States Bankruptcy Code. See, e.g., In re Hill, 364 B.R. 826, 828 (Bankr. M.D. Fla. 2007) ("Comfort orders serve a valuable purpose. The orders are entered primarily for a third party's benefit, often to help a sister state court attempting to determine whether it can proceed with a pending action, such as a foreclosure."). Upon the filing of the request in the United States Bankruptcy Court, the parties shall file a notice of compliance with this Court. Further, should the United States Bankruptcy Court enter an order on the parties' request, the parties shall file a copy of the order with this Court within five (5) days of issuance of that order.
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View |
View File
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|
Docket Date |
2024-09-21
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Appellants' Statement of No Standing to File Initial Brief
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2024-09-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDERED that Appellants' September 3, 2024 motion for extension of time to file the initial brief is denied. Appellants shall file the initial brief within ten (10) days from the date of this order. Failure to comply with this order will result in dismissal of this appeal for lack of prosecution without further notice.
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View |
View File
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|
Docket Date |
2024-09-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
|
Docket Date |
2024-08-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDERED that Appellant's August 19, 2024 motion for extension of time is granted in part, and Appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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View |
View File
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|
Docket Date |
2024-08-20
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Appellants' Motion for Extension of Time
|
|
Docket Date |
2024-08-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
|
Docket Date |
2024-07-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDERED that Appellants' July 15, 2024 motion for extension of time is granted, and Appellants shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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View |
View File
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|
Docket Date |
2024-07-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
|
Docket Date |
2024-06-21
|
Type |
Order
|
Subtype |
Order
|
Description |
ORDERED that the stay is lifted. Appellants shall file the initial brief within twenty-two (22) days from the date of this order.
|
View |
View File
|
|
Docket Date |
2024-06-20
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing Bankruptcy Order
|
|
Docket Date |
2024-06-18
|
Type |
Notice
|
Subtype |
Suggestion of Bankruptcy
|
Description |
Suggestion of Bankruptcy
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2024-06-10
|
Type |
Recognizing Agreed Extension
|
Subtype |
Initial Brief
|
Description |
30 DAYS TO July 10, 2024.
|
|
Docket Date |
2024-06-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension of Time - Initial Brief
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2024-05-20
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORDERED that this court's May 13, 2024 order to show cause is discharged.
|
View |
View File
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|
Docket Date |
2024-05-17
|
Type |
Response
|
Subtype |
Response
|
Description |
Appellants' Amended Response to Order to Show Cause for Failure to Timely Transmit the Record on Appeal
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2024-05-10
|
Type |
Notice
|
Subtype |
Notice of Inability
|
Description |
Notice of Inability to Transmit the Record
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-05-09
|
Type |
Recognizing Agreed Extension
|
Subtype |
Initial Brief
|
Description |
30 DAYS TO June 10, 2024.
|
|
Docket Date |
2024-05-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension of Time - Initial Brief
|
|
Docket Date |
2024-04-24
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2024-04-19
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Filing
|
View |
View File
|
|
Docket Date |
2024-04-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2024-04-03
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Suspension of Appellants' Attorney, Divya Khullar by Florida Supreme Court
|
On Behalf Of |
Khullar, P.A.
|
|
Docket Date |
2024-03-18
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-03-05
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
|
|
Docket Date |
2024-03-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-03-04
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2024-12-12
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order Directing a Status Report
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2024-12-12
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellant's December 10, 2024 response to order directing a status report 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 Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order.
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View |
View File
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|
Docket Date |
2024-12-10
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order Directing Status Report
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2024-10-23
|
Type |
Order
|
Subtype |
Show Cause for Brief or Record on Appeal
|
Description |
ORDERED that Appellants Khullar P.A. and Khullar Law, LLC. in the above-styled case is directed to show cause in writing, if any there be, on or before November 3, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellants' initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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View |
View File
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|
Docket Date |
2024-09-27
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellees' September 27, 2024 notice 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 Appellants with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellants. Appellees may re-file the document with a proper certificate of service which indicates service on the Appellants within fifteen (15) days from the date of this order.
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View |
View File
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|
Docket Date |
2024-05-15
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal --2230 Pages
|
On Behalf Of |
Broward Clerk
|
|
Docket Date |
2024-05-13
|
Type |
Order
|
Subtype |
Show Cause for Brief or Record on Appeal
|
Description |
Order to Show Cause for Record on Appeal
|
View |
View File
|
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-006638
|
Parties
Name |
Divya Khullar
|
Role |
Appellant
|
Status |
Active
|
|
Name |
KHULLAR P.A.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
KHULLAR LAW PLLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Cindy A. Goldstein
|
Role |
Appellee
|
Status |
Active
|
Representations |
Gregg Alan Silverstein
|
|
Name |
Cindy A. Goldstein, P.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Keathan B. Frink
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-01-29
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
Order on Motion for Rehearing
|
View |
View File
|
|
Docket Date |
2024-01-10
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
NOTICE OF FILING OF THE NOTICE OF HEARING TO REQUEST THE LOWER TRIBUNAL TO ISSUE A FINAL JUDGMENT
|
|
Docket Date |
2024-01-03
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing and Clarification
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2023-12-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE TO JURIDICTIONAL STATEMENT AND MOTION TO STAY
|
|
Docket Date |
2023-11-09
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion to Supplement the Record on Appeal and Motion for Extension of Time to Comply with the November 2, 2023 Order
|
|
Docket Date |
2023-11-02
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORDERED that Appellants' October 24, 2023 response is treated as the jurisdictional statement. Further, ORDERED that Appellees shall, within ten (10) days from the date of this order, file a response to the jurisdictional statement as well as a response to Appellants' October 25, 2023 motion to stay.
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View |
View File
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|
Docket Date |
2023-10-25
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing Mandate Issued in 4D21-3253
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2023-10-25
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
|
Docket Date |
2023-10-24
|
Type |
Response
|
Subtype |
Response
|
Description |
**Treated as the Jurisdictional Brief Per the 11/02/2023 Order.** Response to September 27, 2023 order
|
|
Docket Date |
2023-08-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-08-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellants' August 10, 2023 motion for extension of time is granted, and appellants shall comply with this Court’s August 2, 2023 order on or before September 15, 2023.
|
|
Docket Date |
2023-08-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE JURISDICTIONAL BRIEF
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2023-07-28
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Divya Khullar
|
|
Docket Date |
2023-07-25
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ SECOND
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-07-06
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
Docket Date |
2023-07-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2023-07-03
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-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 (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that 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 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. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**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.
|
|
Docket Date |
2023-06-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-06-30
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
|
Docket Date |
2023-12-19
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED that, upon consideration of appellants' October 24, 2023 jurisdictional brief and appellees' November 30, 2023 response, this appeal is dismissed for lack of jurisdiction. See Agere Sys. Inc. v. All American Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) ("[A]n order that simply denies a motion for reconsideration or rehearing of an underlying non-final order . . . is not in itself an appealable order."); Williams v. Oken, 62 So. 3d 1129, 1134 (Fla. 2011); Couto v. People's Tr. Ins. Co., 320 So. 3d 224, 225 n.1 (Fla. 3d DCA 2021) (holding an order denying a motion to dismiss is a non-appealable, non-final order because it "is not enumerated in Florida Rule of Appellate Procedure 9.130"); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."); and Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) (""[a]ppeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed."). Further, ORDERED that Appellants' October 25, 2023 motion to stay is denied as moot.
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View |
View File
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Docket Date |
2023-11-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
ORDERED that Appellees' November 9, 2023 motion for extension of time is granted, and the time for filing a response to this court's November 2, 2023 is extended twenty (20) days from the date of this order. Further, ORDERED that Appellees' November 9, 2023 motion to supplement the record on appeal is denied without prejudice to raising the issue after this court makes a determination on jurisdiction.
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View |
View File
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Docket Date |
2023-09-27
|
Type |
Order
|
Subtype |
Order
|
Description |
It appearing that the orders to which the Notice of Appeal is directed are non-appealable, non-final orders, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009)("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").
ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
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View |
View File
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Docket Date |
2023-08-02
|
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 June 8, 2023 order denying motion for rehearing of order denying motion to dismiss, and the May 15, 2023 order denying rehearing are final or nonfinal appealable orders, as they merely deny motions for rehearing directed to non-final orders. See Agere Sys. Inc. v. All American Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) ("[A]n order that simply denies a motion for reconsideration or rehearing of an underlying non-final order . . . is not in itself an appealable order."). Further, address how the June 27, 2022 order denying motion to dismiss and the May 19, 2023 order denying motion to dismiss are final or nonfinal appealable orders, as "[i]t is generally inappropriate to review a trial court's denial of a motion to dismiss." Williams v. Oken, 62 So. 3d 1129, 1134 (Fla. 2011); see also Couto v. People's Tr. Ins. Co., 320 So. 3d 224, 225 n.1 (Fla. 3d DCA 2021) (holding an order denying a motion to dismiss is a non-appealable, non-final order because it "is not enumerated in Florida Rule of Appellate Procedure 9.130"). Further, address how the February 22, 2023 order granting motion to strike and motion for final judgment is a final or nonfinal appealable order, as it merely grants a motion for final judgment. See Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."). Further, address how the September 27, 2022 order denying motion to recuse/disqualify, the December 16, 2022 order setting hearing, the November 8, 2022 order resetting hearing, the March 15, 2023 order denying disqualification, the April 25, 2023 order denying motion to demand statement of evidence, the May 14, 2023 order granting motion to strike, the June 8, 2023 order denying omnibus motion to vacate, and the July 20, 2023 order denying motion to vacate are final or nonfinal appealable orders, as "[a]ppeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed." Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022). Further,Appellees may file a response within ten (10) days of service of that statement.
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