| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-003023 (25)
|
Parties
| Name |
TRUCEPT, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Christopher S. Carver, Jason S. Oletsky, Kristen Marie Fiore
|
|
| Name |
ALLEGIANT PROFESSIONAL BUSINESS SERVICES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Trucept Services
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Colin Niven Bonar
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ALLEGIANT MANAGEMENT SERVICES CORP
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SMART-TEK AUTOMATED SERVICES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HR Connect Employment Solutions, Inc.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
AMERICAN MARINE LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Brian Bonar
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Florida Department of Finacial Services
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Carlos De Zayas, Forrest Andrews, Yamile Benitez-Torviso, Debbie Maken
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellants’ January 24, 2023 motion for rehearing or rehearing en banc is denied.
|
|
| Docket Date |
2023-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' MOTION FOR REHEARING (EN BANC)
|
| On Behalf Of |
Florida Department of Finacial Services
|
|
| Docket Date |
2023-01-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
Trucept, Inc.
|
|
| Docket Date |
2023-01-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that, upon consideration of appellants’ December 19, 2022 response and January 5, 2023 notice of supplemental authority, appellee’s December 2, 2022 motion to dismiss is granted. See Truist Bank v. De Posada, 307 So. 3d 824, 826 (Fla. 3d DCA 2020) (explaining when analyzing whether an appellate court has jurisdiction to review an order pursuant to 9.130(a)(3)(C), the court “looks to the four corners of the challenged order, not to the arguments made in the underlying motion.”)). Here, the appealed order does not determine appellants’ entitlement to arbitration and this court lacks jurisdiction pursuant to Rule 9.130(a)(3)(C)(iv). See Truist Bank, 307 So. 3d at 827; Hopewell, LLC v. Alarion Bank, 84 So. 3d 1073 (Fla. 1st DCA 2012) (dismissing appeal for lack of jurisdiction because the trial court did not construe the motion to dismiss as a motion to compel arbitration).KLINGENSMITH, C.J., GERBER and ARTAU, JJ., concur.
|
|
| Docket Date |
2023-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Trucept, Inc.
|
|
| Docket Date |
2022-12-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ Opposition to Appellee's Motion to Dismiss
|
| On Behalf Of |
Trucept, Inc.
|
|
| Docket Date |
2022-12-19
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Trucept, Inc.
|
|
| Docket Date |
2022-12-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Florida Department of Finacial Services
|
|
| Docket Date |
2022-12-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ November 30, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before January 4, 2023. 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.
|
|
| Docket Date |
2022-11-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Trucept, Inc.
|
|
| Docket Date |
2022-11-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s November 29, 2022 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 |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED
|
| On Behalf Of |
Florida Department of Finacial Services
|
|
| Docket Date |
2022-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Trucept, Inc.
|
|
| Docket Date |
2022-11-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Trucept, Inc.
|
|
| Docket Date |
2022-11-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-11-22
|
| 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 |
2022-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Trucept, Inc.
|
|
| Docket Date |
2022-11-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
