| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CA012120
|
Parties
| Name |
Arkady Chayka
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE WIZARD GROUP LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CONCORDIA FINANCIAL EXCHANGE LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Luis Delgado, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Return Mail for Concordia Financial Exchange
|
|
| Docket Date |
2024-10-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
|
| Docket Date |
2024-10-01
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 11, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's 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
|
|
| Docket Date |
2024-09-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal--85 pages
|
|
| Docket Date |
2024-08-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that, upon consideration of Appellant's July 29, 2024 jurisdictional brief, this appeal shall proceed.
|
| View |
View File
|
|
| Docket Date |
2024-08-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Letter From AE
|
|
| Docket Date |
2024-07-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Jurisdictional Brief
|
|
| Docket Date |
2024-07-29
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-17
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2023), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, 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 the entry 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. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, Appellant shall file a copy of that order in this court. If Appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, Appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of Appellant to comply with this order will result in the dismissal of this appeal. **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.
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| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORDERED that, upon consideration of the appellant's October 4, 2024 response, this court's October 1, 2024 order to show cause is discharged. Further, Appellant is directed to review Florida Rule of Appellate Procedure 9.210, and to file, within ten (10) days from the date of this order, an initial brief in full conformance with that rule. As detailed in Rule 9.210(b), the initial brief must contain (1) a table of contents listing the sections of the brief, including headings and subheadings that identify the issues presented for review; (2) a table of citations with cases listed alphabetically, statutes and other authorities, and the pages of the brief on which each citation appears; (3) a statement of the case and facts, which must include the nature of the case, the course of the proceedings, and the disposition in the lower tribunal, with references to the appropriate pages of the record or transcript; (4) a summary of argument, suitably paragraphed, condensing succinctly, accurately, and clearly the argument actually made in the body of the brief, which should not be a mere repetition of the headings under which the argument is arranged; (5) argument with regard to each issue, with citation to appropriate authorities, and including the applicable appellate standard of review; (6) a short conclusion setting forth the precise relief sought; (7) a certificate of service; and (8) a certificate of compliance for computer-generated briefs.
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| View |
View File
|
|
| Docket Date |
2024-07-18
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
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 the June 21, 2024 "Order of Dismissal and Directions to Clerk" is a final appealable order, as it states that the dismissal is without prejudice. See Fla. R. App. P. 9.110; see also Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014) ("Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order."); Bushweiler v. Levine, 476 So. 2d 725 (Fla. 4th DCA 1985) (dismissing appeal from an order dismissing case without prejudice because it failed to contain "magic words demonstrating finality" and did not qualify under Florida Rule of Appellate Procedure 9.130 as an appealable non-final order). Further,
Appellees may file a response within ten (10) days of service of that statement.
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| View |
View File
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