|
KENNETH LOPEZ VS HOLIDAY SPRINGS, et. al.
|
4D2017-2898
|
2017-09-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15 001726
|
Parties
| Name |
KENNETH LOPEZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BRIAN COCKER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HOLIDAY SPRINGS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven M. Canter
|
|
| Name |
ALAN LEVIN, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
8888-01-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ RETURNED MAIL FOR AA
|
|
| Docket Date |
7777-12-18
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR KENNETH LOPEZ. RETURN TO SENDER, ATTEMPTED NOT KNOWN, UNABLE TO FORWARD
|
|
| Docket Date |
7777-11-29
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR KENNETH LOPEZ. RETURN TO SENDER, ATTEMPTED, NOT KNOWN. REMOVED APT # AND RE-MAILED.
|
|
| Docket Date |
2017-12-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2017-12-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-11-20
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before November 30, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. 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.
|
|
| Docket Date |
2017-10-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 393 PAGES
|
|
| Docket Date |
2017-10-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO 9/22/17 ORDER.
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2017-09-22
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on September 6, 2017, and the Notice does not reflect the rendered date for the order being appealed.ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined.ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
|
|
| Docket Date |
2017-09-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2017-09-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
KENNETH LOPEZ VS HOLIDAY SPRINGS VILLAGE CONDO.
|
4D2016-0963
|
2016-03-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15001726
|
Parties
| Name |
KENNETH LOPEZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HOLIDAY SPRINGS VILLAGE CONDO.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven M. Canter
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-04-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant's March 31, 2016 brief statement. Appellee shall specifically address whether there are interrelated counts or claims pending in the trial court.
|
|
| Docket Date |
2016-04-04
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ CERT. COPY FILED 4/4/16
|
|
| Docket Date |
2016-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Emergency Motion to Stay ~ ORDERED that appellant's March 31, 2016 emergency motion to stay is denied without prejudice for appellant to refile as a motion for review once the trial court has ruled on the pending motion to stay.
|
|
| Docket Date |
7777-08-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL FOR AA
|
|
| Docket Date |
7777-06-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **MAY 19, 2017 , 6/7/17 and 6/30/17 ORDERS RETURNED FOR KENNETH LOPEZ, SEE CONFIDENTIAL** REMAILED 7/11/17
|
|
| Docket Date |
2017-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellees' August 8, 2017 motion for attorney's fees and costs is denied.
|
|
| Docket Date |
2017-08-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s March 31, 2016 jurisdictional statement and appellee’s July 6, 2017 response, it is ORDERED that this appeal is dismissed for lack of jurisdiction. Count 3 of the main claim remains pending and appears to be interrelated with Count 1 of the counterclaim. Further, it is not clear that Count 2 of the main claim has been disposed of. See Brooks v. AvMed, Inc., 927 So. 2d 230 (Fla. 2d DCA 2006); Mendez v. West Flagler Family Association, Inc., 303 So. 2d 1 (Fla. 1974). Moreover, there has not been a final, appealable order entered as to Counts 7, 10, 12, 13 of the counterclaim. The March 22, 2016 order appearing at page 212 of the record grants summary judgment as to those counts, but does not actually enter 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."). Dismissal is without prejudice to appellant to appeal upon the rendition of final, appealable orders finally disposing of all counts of the main claim and counterclaim. Further ORDERED that appellee’s June 28, 2017 motion for clarification and the July 19, 2017 motion to dismiss are denied as moot.MAY, LEVINE and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2017-08-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-08-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2017-07-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2017-07-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT' S BRIEF STATEMENT
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2017-06-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee's June 28, 2017 motion for clarification.
|
|
| Docket Date |
2017-06-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ AS TO THE CONTINUATION OF THIS APPEAL
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2017-06-27
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ Upon consideration of appellee's May 17, 2017 notice, which indicates that appellant's bankruptcy case has been dismissed, it is ORDERED that the stay of this appeal entered on May 2, 2016 is lifted. This court notes that its April 22, 2016 order for appellee to file a response remains outstanding. Appellee shall file a response as to whether there are any outstanding claims pending below, or whether the orders appellant seeks to appeal are final and appealable, within ten (10) days from the date of this order.
|
|
| Docket Date |
2017-06-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2017-06-07
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's May 19, 2017 order.
|
|
| Docket Date |
2017-05-19
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to the May 17, 2017 amended notice of status.
|
|
| Docket Date |
2017-05-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF STATUS. (AMENDED NOTICE FILED)
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2017-03-20
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2017-03-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days fromthe date of this order regarding bankruptcy proceedings.
|
|
| Docket Date |
2016-11-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2016-11-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's November 16, 2016 status report is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that there is no certificate of service. All certificates of service shall contain the name and physical address of the person served. Appellant may re-file the document with a proper certificate of service within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2016-11-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **STRICKEN**
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2016-11-09
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days from the date of this order regarding bankruptcy proceedings.
|
|
| Docket Date |
2016-08-03
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's May 2, 2016 order is amended as follows: A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it isORDERED that:This appeal is stayed.If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellee shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed. Unless this appeal is voluntarily dismissed, appellant, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2016-07-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RE: BANKRUPTCY PROCEEDINGS
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2016-05-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 274 PAGES
|
|
| Docket Date |
2016-05-02
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ **AMENDED ORDER ISSUED 8/3/16**A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellee shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellee, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2016-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANT'S SUGGESTION OF BANKRUPTCY (ATTACHED)
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2016-03-31
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that appellant's March 31, 2016 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2016-03-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO 3/24/16 ORDER
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2016-03-31
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment ~ (DENIED)
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2016-03-29
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ CERT. COPY FILED 3/28/16
|
|
| Docket Date |
2016-03-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-03-24
|
| 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 appellant 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. Appellant shall specifically address how each order attached to the notice of appeal is an appealable order. See Underground Utility Co, Inc. v. Sloan Pump Co., Inc. 497 So. 2d 701 (Fla. 2d DCA 1986) (as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2016-03-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2016-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KENNETH LOPEZ
|
|
|
|
KENNETH LOPEZ VS HOLIDAY SPRINGS VILLAGE CONDOM., ETC., ET AL.
|
SC2016-0281
|
2016-02-10
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D15-2968
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062015CA001726AXXXCE
|
Parties
| Name |
KENNETH LOPEZ LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ALAN LEVINE CORP.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
STEVEN M. CANTER
|
|
| Name |
BRIAN COCKER
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
STEVEN M. CANTER
|
|
| Name |
HOLIDAY SPRINGS VILLAGE CONDOM
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
JOHN BERNSTEIN
|
|
| Name |
HON. JOHN BARCLAY BOWMAN, JUDGE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. HOWARD FORMAN
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-02-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NI:No Fee - Insolvent
|
|
| Docket Date |
2016-03-01
|
| Type |
Disposition
|
| Subtype |
Reinstatement DY
|
| Description |
DISP-REINSTATEMENT DY ~ Petitioner's "Supreme Court of Florida to Review All Arbitrary Decisions by Lower Courts" has been treated as a Motion for Reinstatement, and said motion is hereby denied.
|
|
| Docket Date |
2016-02-29
|
| Type |
Motion
|
| Subtype |
Reinstatement
|
| Description |
MOTION-REINSTATEMENT ~ FILED AS "SUPREME COURT OF FLORIDA TO REVIEW ALL ARBITRARY DECISONS BY LOWER COURTS"
|
| On Behalf Of |
KENNETH LOPEZ
|
| View |
View File
|
|
| Docket Date |
2016-02-15
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2016-02-15
|
| Type |
Disposition
|
| Subtype |
Rev Dism Untimely
|
| Description |
DISP-REV DISM UNTIMELY ~ It appearing to the Court that the notice was not timely filed, it is ordered that the cause is hereby dismissed on the Court's own motion, subject to reinstatement if timeliness is established on proper motion filed within fifteen days from the date of this order. See Fla. R. App. P. 9.120.
|
|
| Docket Date |
2016-02-15
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent ~ INSOLVENT BELOW
|
|
| Docket Date |
2016-02-10
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ FILED AS AN "APPEAL ORDER DATED JANUARY 07, 2016" & TREATED AS A NOTICE - DISCRETIONARY JURISDICTION
|
| On Behalf Of |
KENNETH LOPEZ
|
| View |
View File
|
|
|
|
KENNETH LOPEZ VS HOLIDAY SPRINGS VILLAGE CONDO., etc., et al.
|
4D2015-2968
|
2015-08-04
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-001726 (02)
|
Parties
| Name |
KENNETH LOPEZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HOLIDAY SPRINGS VILLAGE CONDO.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven M. Canter
|
|
| Name |
ALAN LEVINE CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BRIAN COCKER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-03-01
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order on Rehearing ~ SC16-281
|
|
| Docket Date |
2016-02-15
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court
|
|
| Docket Date |
2016-02-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2016-02-10
|
| Type |
Supreme Court
|
| Subtype |
Notice of Appeal FSC
|
| Description |
Notice of Appeal to Supreme Court
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2016-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee's September 3, 2015 motion for attorneys' fees is denied.
|
|
| Docket Date |
2015-08-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-01-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ Appellant has failed to comply with this court's December 14, 2015 order directing him to file his initial brief within ten (10) days. Accordingly, it is ORDERED that this appeal is dismissed.GROSS, CONNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2016-01-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2015-12-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's November 24, 2015 response to this court's order to show cause, appellant is advised that he is required to file his initial brief, not just any filings, to prosecute this appeal. Appellant is ORDERED to file his initial brief within ten (10) days from the date of this order, or the appeal will be dismissed. No extensions of time will be permitted.
|
|
| Docket Date |
2015-11-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2015-11-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ Upon consideration of appellees' October 19, 2015 motion to dismiss it is,ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before November 26, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2015-10-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF MOTION FILED IN L.T.
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2015-10-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Rehearing Interim Order ~ ORDERED that appellant¿s September 25, 2015 motion for reconsideration and appellee¿s September 30, 2015 motion for leave from stay are denied.
|
|
| Docket Date |
2015-10-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2015-10-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF PLEADING FILED IN LT
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2015-10-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED that appellant's September 16, 2015 petition for special relief is stricken as unauthorized.
|
|
| Docket Date |
2015-09-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2015-09-30
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ Upon consideration of appellee¿s September 11, 2015 response to this court¿s order, it is ORDERED that the appeal shall proceed as to the portion of the trial court¿s order staying counts 4, 5, 8, 9, and 11 of the appellant¿s counterclaim pending arbitration. See Carlandia Corp. v. Obernauer, 695 So. 2d 408, 409 (Fla. 4th DCA 1997); Neate v. Cypress Club Condo., Inc., 718 So. 2d 390 (Fla. 4th DCA 1998); Intracoastal Point Condo. Ass'n v. Horowitz, 54 So. 3d 528 (Fla. 3d DCA 2011). Pursuant to this court¿s September 11, 2015 order, the appeal is also proceeding as to the order denying an injunction. Accordingly, it is further ORDERED that this appeal is designated as a non-final appeal. Appellant shall file an initial brief and appendix within fifteen (15) days from the date of this order. The circuit court shall not transmit a record unless required by further order of this court.
|
|
| Docket Date |
2015-09-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2015-09-16
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION FOR ATTY'S FEES
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2015-09-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2015-09-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **STRICKEN** FOR SPECIAL RELIEF
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2015-09-11
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of the parties¿ responses to this court¿s August 5, 2015 order and appellee¿s September 3, 2015 motion to dismiss, it is ORDERED that the motion to dismiss is granted in part, and the appeal is dismissed as to the order striking the appellant¿s claims for attorneys¿ fees and prejudgment interest in his counterclaim/third-party complaint, as to the order denying the appellant¿s motion to dismiss the complaint, and as to the portion of the order dismissing counts 3 and 6 of the appellant¿s counterclaim/third-party complaint. As to the portion of the order staying counts 4, 5, 8, 9, and 11 pending arbitration, appellees are ordered to show cause in writing, citing legal authority, within ten (10) days from the date of this order, why the appeal should not proceed as to the portion of the order staying counts 4, 5, 8, 9, and 11 pending arbitration pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). The appeal shall proceed as to the order denying the injunction; further,ORDERED that the September 3, 2015 answer brief is stricken as unauthorized without prejudice to refiling after appellant files an initial brief on the merits.
|
|
| Docket Date |
2015-09-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2015-09-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **STRICKEN AS UNAUTHORIZED WITHOUT PREJUDICE TO REFILING AFTER APPELLANT FILES AN INITIAL BRIEF ON THE MERITS**
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2015-09-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2015-09-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2015-08-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO JURISDICTIONAL STATEMENT
|
| On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
|
|
| Docket Date |
2015-08-17
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2015-08-05
|
| 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 appellant 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. Appellant shall specifically address how first three orders attached to the notice of appeal are appealable, non-final orders, in that 1) the order on the motion to strike claim for attorneys¿ fees and prejudgment interest in the counterclaim and third party complaint is not one of the enumerated non-final, appealable orders pursuant to Florida Rule of Appellate Procedure 9.130(a); 2) the order on motion to dismiss counts 3,4,5,6,8,9, and 11 of counterclaim and third party complaint only dismisses some, not all, claims (see Brooks v. AvMed, Inc., 927 So. 2d 230 (Fla. 2d DCA 2006), Ball v. D¿Lites Enterprises, Inc., 65 So. 3d 637, 641 (Fla. 4th DCA 2011); and 3) the order on motion for dismissal of plaintiff¿s complaint was denied and therefore does not appear to be an appealable non-final order; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2015-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2015-08-04
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
**DNU** ORD-LT Insolvency or Indigency ~ INDIGENT
|
|
|
|
KENNETH LOPEZ VS STATE OF FLORIDA
|
2D2013-0875
|
2013-02-25
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Habeas Corpus
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
04-CF-002216
|
Parties
| Name |
KENNETH LOPEZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ATTORNEY GENERAL
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-06
|
| Type |
Misc. Events
|
| Subtype |
Case Destroyed
|
| Description |
Case Destroyed
|
|
| Docket Date |
2013-04-01
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2013-03-07
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ Altenbernd, Davis and Khouzam
|
|
| Docket Date |
2013-03-07
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
denial of habeas corpus
|
|
| Docket Date |
2013-03-01
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ DUPLICATE
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2013-02-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF4:No Fee-Habeas Corpus
|
|
| Docket Date |
2013-02-25
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
KENNETH LOPEZ
|
|
|
|
KENNETH LOPEZ VS STATE OF FLORIDA
|
2D2013-0729
|
2013-02-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
04-CF-2216
|
Parties
| Name |
KENNETH LOPEZ LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ATTORNEY GENERAL
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2013-11-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2013-11-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2013-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
|
| Docket Date |
2013-03-05
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2013-02-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2013-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KENNETH LOPEZ
|
|
| Docket Date |
2021-08-06
|
| Type |
Misc. Events
|
| Subtype |
Case Destroyed
|
| Description |
Case Destroyed
|
|
| Docket Date |
2014-01-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
|
