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PORT NY 2021, LLC, Appellant(s) v. COLLIER COUNTY, FLORIDA, Appellee(s).
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6D2023-1839
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2023-01-25
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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, Collier County
2022-CA-000905-XX
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Parties
| Name |
PORT NY 2021 LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
JEFF BLUESTEIN, ESQ.
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|
| Name |
COLLIER COUNTY, FLORIDA
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| Role |
Appellee
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| Status |
Active
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| Representations |
SALLY A. ASHKAR, ESQ.
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|
| Name |
HON. JOSEPH G. FOSTER
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Collier Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-07-17
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2024-07-17
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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 |
2024-06-18
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| Type |
Order
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| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
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| Description |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
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| View |
View File
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| Docket Date |
2024-05-06
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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 |
PORT NY 2021, LLC
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| Docket Date |
2024-04-05
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| Type |
Order
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| Subtype |
Order to Serve Brief
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| Description |
Brief Overdue ~ Appellant shall serve the initial brief within twenty days from the date ofthis order, or this appeal will be subject to dismissal without further noticebased on failure to prosecute.
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| Docket Date |
2023-09-26
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's January 27, 2023 order to show cause and the Appellant’s February 7, 2023 response are hereby discharged.
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| Docket Date |
2023-02-20
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ REDACTED/FOSTER - 168 PAGES
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| On Behalf Of |
Collier Clerk
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| Docket Date |
2023-02-07
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ **DISCHARGED-SEE 09/26/23 ORDER**RESPONSE TO OSC
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| On Behalf Of |
PORT NY 2021, LLC
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| Docket Date |
2023-02-07
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| Type |
Record
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| Subtype |
Appendix to Response
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| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
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| On Behalf Of |
PORT NY 2021, LLC
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| Docket Date |
2023-01-27
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| Type |
Order
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| Subtype |
Show Cause Timeliness (Appeal)
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| Description |
Order to Show Cause - untimely ~ **DISCHARGED-SEE 09/26/23 ORDER**Appellant shall show cause within fifteen days why this proceeding should not be dismissed as untimely.
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| Docket Date |
2023-01-26
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty
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| Docket Date |
2023-01-26
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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 |
2023-01-26
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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 |
PORT NY 2021, LLC
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| Docket Date |
2023-01-25
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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 |
PORT NY 2021, LLC
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| Docket Date |
2023-01-25
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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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PORT NY 2021, LLC VS COLLIER COUNTY, FLORIDA
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2D2022-3422
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2022-10-19
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2022-CA-000905
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Parties
| Name |
PORT NY 2021 LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
JEFFREY S. BLUESTEIN, ESQ.
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| Name |
COLLIER COUNTY, FLORIDA
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| Role |
Appellee
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| Status |
Active
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| Representations |
SALLY A. ASHKAR, ESQ.
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| Name |
HON. JOSEPH G. FOSTER
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
COLLIER CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-10-20
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
status report within * days ~ The order on appeal grants a motion to dismiss but does not dismiss the complaint. The order also states that "Plaintiff shall have twenty (20) days from the date of this order to file an Amended complaint." Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Hayward & Associates, Inc. v. Hoffman, 793 So. 2d 89, 91 (Fla. 2d DCA 2001) ("[I]t is well-established that an order that merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."); Klein v. Pinellas County, 685 So. 2d 945, 946 (Fla. 2d DCA 1996)("An order of dismissal with leave to amend is not appealable because it is a nonfinal order.").
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| Docket Date |
2022-10-19
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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 section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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| Docket Date |
2022-10-19
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
HL:Fee Owed
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| Docket Date |
2022-10-19
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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 |
2022-10-19
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ W/ORDER
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| On Behalf Of |
PORT NY 2021, LLC
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| Docket Date |
2022-11-08
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| Type |
Misc. Events
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| Subtype |
Case Closed
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| Description |
Case Closed
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| Docket Date |
2022-11-08
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2022-11-08
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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 |
PORT NY 2021, LLC
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| Docket Date |
2022-11-08
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed.
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