| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-010540
|
Parties
| Name |
AMERICAN LEARNING SYSTEMS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jon M. Gumbel, Nafela Hojeij, Jeffrey Kamenetsky
|
|
| Name |
NICHOLAS JAMES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan E. Pollard, Michael A Boehringer, Christopher S. Prater
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4131 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s June 14, 2022 jurisdictional brief and appellee’s June 24, 2022 response, it is ORDERED that the above-styled appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.110(k); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011) (quoting Perry v. Perry, 976 So. 2d 1151, 1153 (Fla. 4th DCA 2008)) (“The test to determine whether counts of a multicount complaint are so interrelated as to preclude a piecemeal appeal is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts”); Pellegrino By and Through Pellegrino v. Horwitz, 642 So. 2d 124, 126-127 (Fla. 4th DCA 1994) (“The fact that one count sounds in tort and the dismissed count sounds in contract, and thus may involve different elements of proof, does not render the order of dismissal appealable.”) (citing Odham v. Mouat, 484 So. 2d 95 (Fla. 1st DCA 1986)).KLINGENSMITH, JJ., WARNER and CONNER, JJ., concur.
|
|
| Docket Date |
2022-07-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-06-29
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-06-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Nicholas James
|
|
| Docket Date |
2022-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Nicholas James
|
|
| Docket Date |
2022-06-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's June 13, 2022 jurisdictional brief 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 |
2022-06-14
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
American Learning Systems, Inc.
|
|
| Docket Date |
2022-06-13
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ **STRICKEN**
|
| On Behalf Of |
American Learning Systems, Inc.
|
|
| Docket Date |
2022-06-03
|
| 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 the April 29, 2022 order is an appealable final or nonfinal order, as it appears Count II of the complaint is still pending. See Fla. R. App. P. 9.110(k) ("A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims."); Mendez v. W. Flalger Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011) ("The test to determine whether counts of a multi-count complaint are so interrelated as to preclude a piecemeal appeal is whether the counts arise from a set of common facts or a single transaction, not whether different legal theories or additional facts are involved in separate counts.") (quoting Perry v. Perry, 976 So. 2d 1151, 1153 (Fla. 4th DCA 2008)). Further, Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-06-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
American Learning Systems, Inc.
|
|
| Docket Date |
2022-05-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-05-31
|
| 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 |
2022-05-31
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ Civil Cover Sheet
|
|
| Docket Date |
2022-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
American Learning Systems, Inc.
|
|
|
