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AC & JL HOLDINGS, INC., Appellant(s) v. JOSEPH LEVY, YOUDA DEVELOPMENT LLC, KJL DEVELOPMENT LLC, LEON BLAIWEISS, SUNCOAST DEVELOPMENT FL INC., CIJ LLC, NEWPORT JL INVESTMENTS, LLC, SUNCOAST DEVELOPMENT FL, LLC, KEVIN BLAIWEISS, Appellee(s).
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6D2024-0407
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2024-02-26
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Open
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
22-CA-002831
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Parties
| Name |
JOSEPH LEVY
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| Role |
Appellee
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| Status |
Active
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| Representations |
Mark Hubert Muller
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|
| Name |
YOUDA DEVELOPMENT LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
ALEXANDRA D. GABEL, ESQ., MICHAEL T. TRAFICANTE, ESQ., ANTA P. PLOWDEN, ESQ.
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|
| Name |
KJL DEVELOPMENT LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
ANTA P. PLOWDEN, ESQ.
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| Name |
LEON BLAIWEISS
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| Role |
Appellee
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| Status |
Active
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| Representations |
MICHAEL T. TRAFICANTE, ESQ., ANTA P. PLOWDEN, ESQ., ALEXANDRA D. GABEL, ESQ.
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| Name |
SUNCOAST DEVELOPMENT FL INC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Mark Hubert Muller
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| Name |
CIJ LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
ANTA P. PLOWDEN, ESQ., ALEXANDRA D. GABEL, ESQ., MICHAEL T. TRAFICANTE, ESQ.
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| Name |
NEWPORT JL INVESTMENTS, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Mark Hubert Muller
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| Name |
SUNCOAST DEVELOPMENT FL, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Mark Hubert Muller
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|
| Name |
KEVIN BLAIWEISS
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| Role |
Appellee
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| Status |
Active
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| Representations |
MICHAEL T. TRAFICANTE, ESQ., ALEXANDRA D. GABEL, ESQ.
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|
| Name |
HONORABLE ALANE LABODA
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
KEVIN KARNES, CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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| Name |
AC & JL HOLDINGS INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Glenn Waldman, Esq., KEITH D. SILVERSTEIN, ESQ., MARLON WEISS, ESQ.
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Docket Entries
| Docket Date |
2024-10-31
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
60- AB DUE 01/17/2025
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| On Behalf Of |
JOSEPH LEVY
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| Docket Date |
2024-10-17
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
APPELLANT'S NOTICE OF FILING FULL-SIZE TRANSCRIPTS
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-10-17
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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 |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-10-01
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-08-23
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellant's motion for extension of time to serve initial brief is granted. The initial brief shall be served on or before October 2, 2024. No further extensions of time will be granted absent extenuating circumstances.
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| View |
View File
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| Docket Date |
2024-08-13
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-07-16
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| Type |
Record
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| Subtype |
Record on Appeal Redacted
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| Description |
LABODA - REDACTED - 14,555 PAGES
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| On Behalf Of |
KEVIN KARNES, CLERK
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| Docket Date |
2024-07-02
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
60- IB DUE 09/02/24
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-04-29
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| Type |
Order
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| Subtype |
Order Declining Referral to Mediation
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| Description |
This Court has reviewed the Mediation Questionnaire and related materials submitted by the parties and has determined that the instant appeal is not appropriate for mediation. Accordingly, the ten-day time period for filing directions to the clerk and designations to the court reporter, the fifty-day time period for preparing the record and serving copies of the index, the sixty-day time period for filing the record on appeal, and the seventy-day time period for filing of Appellant's Initial Brief shall commence as of the date of this order.
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| View |
View File
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| Docket Date |
2024-04-23
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| Type |
Mediation
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| Subtype |
Confidential Statement
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| Description |
AA CONFIDENTIAL STATEMENT
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-04-22
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| Type |
Mediation
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| Subtype |
Mediation Questionnaire
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| Description |
AA MEDIATION QUESTIONNAIRE
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-04-12
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| Type |
Mediation
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| Subtype |
Notice of Case under Consideration for Mediation
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| Description |
Case Under Consideration for Mediation Notice ~ This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. The time for preparing the record and filing briefs will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete.
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| Docket Date |
2024-03-21
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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 |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-03-18
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forwardthe required $300.00 filing fee or, if applicable, a certificate or order of thelower tribunal finding appellant insolvent pursuant to section 57.081, FloridaStatutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribedtime, this appeal may be subject to dismissal without further notice.
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| Docket Date |
2024-03-18
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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 |
2024-02-26
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ WITH ORDER
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-02-26
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2024-10-14
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
The initial brief does not comply with the additional briefing requirements of this Court as set forth in the Sixth District Court of Appeal Administrative Order 24-01. Specifically: 1) The initial brief does not contain a statement as to each issue presented, where in the record on appeal the issue was raised and ruled on; and 2) The initial brief does not contain a statement of the basis for jurisdiction in this Court, including the basis for claiming that the judgment or order appealed from is final. Appellant shall file a corrected brief within ten days from the date of this order. A compliant brief would include entries in the table of contents entitled "Statement of Jurisdiction" and "Statement of Preservation" that indicate sections in the initial brief where this information appears. AO 24-01 can be accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders.
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| View |
View File
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| Docket Date |
2024-04-12
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| Type |
Order
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| Subtype |
Mediation Order to Counsel
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| Description |
Initial Mediation Order ~ This case is being reviewed by the Court to determine whether it is appropriate for appellate mediation. The time for preparing the record and filing briefs will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete. Parties must visit the Court’s website, https://6dca.flcourts.gov, to review the Mediation Questions & Answers, and to find the Mediation Questionnaire and Confidential Statement Regarding Appropriateness of Appellate Mediation that must be completed and filed with the Court.Within 10 days from the date of this order, the Mediation Questionnaire and the Confidential Statement Regarding Appropriateness of Appellate Mediation must be e-filed through the Statewide Florida Courts E Filing Portal. BE ADVISED THAT OPPOSING COUNSEL SHOULD NOT BE SERVED COPIES OF THE CONFIDENTIAL STATEMENT REGARDING APPROPRIATENESS OF APPELLATE MEDIATION. When filing the Confidential Statement through the Statewide Florida Courts E-Filing Portal, DO NOT CHECK “SERVE ALL.” FAILURE TO ENSURE ALL BOXES FOR E SERVICE ARE UNCHECKED WILL RESULT IN PARTIES BEING SERVED AND WAIVER OF CONFIDENTIALITY.
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AC & JL HOLDINGS, INC. VS JOSEPH LEVY, KEVIN BLAIWEISS, YOUDA DEVELOPMENT, LLC, SUNCOAST DEVELOPMENT FL, INC., SUNCOAST DEVELOPMENT FL, LLC., KJL DEVELOPMENT, LLC, CIJ, LLC, ET AL
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6D2023-4011
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2023-11-27
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
22-CA-002831
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Parties
| Name |
AC & JL HOLDINGS INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
MARLON WEISS, ESQ., ARMSTRONG TEASDALE LLP
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| Name |
KEVIN BLAIWIESS
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| Role |
Appellee
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| Status |
Active
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| Representations |
ALEXANDRA D. GABEL, ESQ., JACK J. AIELLO, ESQ., MICHAEL T. TRAFICANTE, ESQ., ANTA P. PLOWDEN, ESQ.
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| Name |
LEON BLAIWEISS
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| Role |
Appellee
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| Status |
Active
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| Representations |
MICHAEL T. TRAFICANTE, ESQ., ALEXANDRA D. GABEL, ESQ., JACK J. AIELLO, ESQ., ANTA P. PLOWDEN, ESQ.
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| Name |
NEWPORT JL INVESTMENTS, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Mark Hubert Muller
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| Name |
SUNCOAST DEVELOPMENT FL INC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Mark Hubert Muller
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| Name |
JOSEPH LEVY
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| Role |
Appellee
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| Status |
Active
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| Representations |
Mark Hubert Muller
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| Name |
CIJ LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
JACK J. AIELLO, ESQ., MICHAEL T. TRAFICANTE, ESQ., CHRISTINE A. GABEL, ANTA P. PLOWDEN, ESQ.
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| Name |
KJL DEVELOPMENT LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
ANTA P. PLOWDEN, ESQ., MICHAEL T. TRAFICANTE, ESQ., ALEXANDRA D. GABEL, ESQ.
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| Name |
SUNCOAST DEVELOPMENT FL, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Mark Hubert Muller
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| Name |
HONORABLE ALANE LABODA
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
KEVIN KARNES, CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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| Name |
YOUDA DEVELOPMENT LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
ANTA P. PLOWDEN, ESQ., ALEXANDRA D. GABEL, ESQ., JACK J. AIELLO, ESQ., MICHAEL T. TRAFICANTE, ESQ.
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Docket Entries
| Docket Date |
2024-11-18
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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 |
2024-08-07
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Pursuant to the notice of voluntary dismissal filed February 8, 2024, this appeal is dismissed. All pending motions are denied as moot.
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| View |
View File
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| Docket Date |
2024-08-06
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| Type |
Notice
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| Subtype |
Notice
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| Description |
APPELLEES' NOTICE OF WITHDRAWAL
OF MOTION FOR ATTORNEYS' FEES
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| On Behalf Of |
KEVIN BLAIWIESS
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| Docket Date |
2024-02-14
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ RESPONSE TO APPELLEES' MOTION FOR APPELLATE FEES
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-02-14
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| Type |
Record
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| Subtype |
Appendix to Response
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| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ SUPPLEMENTAL APPENDIX TO RESPONSE TO APPELLEES'MOTION FOR APPELLATE FEES
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-02-08
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-02-02
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| Type |
Order
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| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for appellant is granted. Attorney Weber is relieved of further appellate responsibilities in this case, and the law firm of Armstrong Teasdale LLP is substituted as counsel of record for the appellant. This court is in receipt of a motion to dismiss by appellee and a notice of voluntary dismissal without prejudice by appellant. Inasmuch as a notice of voluntary dismissal must be unconditional, see Hammerl v. State, 779 So. 2d 410 (Fla. 2d DCA 2000), appellant shall either file an unconditional supplemental notice of voluntary dismissal or otherwise respond to the motion to dismiss within ten days from the date of this order.
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| Docket Date |
2024-01-31
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| Type |
Record
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| Subtype |
Appendix to Motion
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| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLEES' MOTION FOR ATTORNEYS' FEES
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| Docket Date |
2024-01-31
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| Docket Date |
2024-01-22
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal ~ NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-01-08
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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 ~ UNOPPOSED MOTION TO WITHDRAW AS COUNSELFOR AC & JL HOLDINGS INC. FOR APPEAL
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2024-01-05
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| Type |
Record
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| Subtype |
Appendix to Motion
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| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLEES' MOTION TODISMISS APPEAL FOR LACK OF JURISDICTION
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| Docket Date |
2024-01-05
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss ~ APPELLEES' MOTION TO DISMISS APPEALFOR LACK OF JURISDICTION
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| Docket Date |
2024-01-02
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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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| Docket Date |
2023-12-12
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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 |
AC & JL HOLDINGS, INC.
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| Docket Date |
2023-12-06
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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 |
2023-11-28
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal
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| On Behalf Of |
AC & JL HOLDINGS, INC.
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| Docket Date |
2023-11-27
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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 |
AC & JL HOLDINGS, INC.
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| Docket Date |
2023-11-27
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2024-07-31
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| Type |
Order
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| Subtype |
Order
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| Description |
Appellant has filed a notice of voluntary dismissal. However, Appellee's pending motion for attorneys' fees prevents this Court from dismissing this appeal. Within ten days of this order, Appellee shall inform this Court whether Appellee seeks a ruling on the motion for attorneys' fees, failing which Appellee's motion for attorneys' fees will be denied and this appeal will be dismissed.
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| View |
View File
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| Docket Date |
2023-12-06
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forwardthe required $300.00 filing fee or, if applicable, a certificate or order of thelower tribunal finding appellant insolvent pursuant to section 57.081, FloridaStatutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribedtime, this appeal may be subject to dismissal without further notice.
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