|
DUANE S. COLE VS MORAN ENVIRONMENTAL RECOVERY LLC, et al.
|
4D2023-1185
|
2023-05-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-014954
|
Parties
| Name |
Duane S. Cole
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Ginnis and Krathen Law, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MORAN ENVIRONMENTAL RECOVERY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Carly Marissa Weiss, Richard B. Adams
|
|
| Name |
Park Creek Surgery Center
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Dr. Siddigui Sahib
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-15
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-08-15
|
| 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 |
2023-07-27
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ Upon consideration of appellees’ July 25, 2023 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 August 7, 2023, 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 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 |
2023-07-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Moran Environmental Recovery LLC
|
|
| Docket Date |
2023-07-14
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ See Notice of Electronic Transmission
|
|
| Docket Date |
2023-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Electronic Transmission
|
| Description |
Notice of Electronic Transmission
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-07-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 95 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Moran Environmental Recovery LLC
|
|
| Docket Date |
2023-05-15
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2023-05-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Duane S. Cole
|
|
|
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DUANE S. COLE VS MORAN ENVIRONMENTAL RECOVERY LLC, et al.
|
4D2022-2742
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2022-10-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18014954
|
Parties
| Name |
Duane S. Cole
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MORAN ENVIRONMENTAL RECOVERY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Carly Marissa Weiss, Richard B. Adams, H. Ross Zelnick
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-11
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2023-03-03
|
| 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 |
2023-03-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-02-15
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| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ Upon consideration of appellee’s February 14, 2023 motion to dismiss, it is ORDERED that appellant in the above-styled case 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 for lack of timely prosecution, in that 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.
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| Docket Date |
2023-02-14
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| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Moran Environmental Recovery LLC
|
|
| Docket Date |
2023-01-13
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court’s January 4, 2023 order to show cause is discharged. Further, ORDERED that appellant’s January 12, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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.
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|
| Docket Date |
2023-01-12
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
Duane S. Cole
|
|
| Docket Date |
2023-01-04
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| Type |
Order
|
| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**Upon consideration of appellees' January 3, 2023 motion to dismiss, it is ORDERED that appellant in the above-styled case 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 for lack of timely prosecution, in that 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.
|
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| Docket Date |
2023-01-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Moran Environmental Recovery LLC
|
|
| Docket Date |
2022-11-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PAGES 1-2319
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-07
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Moran Environmental Recovery LLC
|
|
| Docket Date |
2022-10-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Duane S. Cole
|
|
|
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DUANE S. COLE VS MORAN ENVIRONMENTAL RECOVERY LLC
|
4D2022-2556
|
2022-09-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-14954
|
Parties
| Name |
Duane S. Cole
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MORAN ENVIRONMENTAL RECOVERY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Howard Senior, Carly Marissa Weiss, Richard B. Adams
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-10
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Duane S. Cole
|
|
| Docket Date |
2022-10-31
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-10-31
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s October 10, 2022 jurisdictional brief and appellee’s October 20, 2022 response, this appeal is dismissed for lack of jurisdiction.CIKLIN, LEVINE and KUNTZ, JJ., concur.
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|
| Docket Date |
2022-10-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (2319 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-20
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Moran Environmental Recovery LLC
|
|
| Docket Date |
2022-10-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Moran Environmental Recovery LLC
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|
| Docket Date |
2022-09-22
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| 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 August 30, 2022 order is an appealable final or nonfinal order, as it appears the order merely schedules a hearing and no final judgment has been entered. Fla. R. App. P. 9.130; Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."). Further,Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2022-09-22
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Moran Environmental Recovery LLC
|
|
| Docket Date |
2022-09-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2022-09-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Duane S. Cole
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|
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DUANE S. COLE VS MORAN ENVIRONMENTAL RECOVERY LLC
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4D2022-2461
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2022-09-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18014954
|
Parties
| Name |
Duane S. Cole
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MORAN ENVIRONMENTAL RECOVERY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Howard Senior, Carly Marissa Weiss, Richard B. Adams
|
|
| Name |
Aundray Watson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-10-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of the appellant’s September 21, 2022 jurisdictional brief and the appellees’ October 3, 2022 response, the above-styled appeal is dismissed for lack of subject matter jurisdiction. Fla. R. App. P. 9.130; Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary.")GROSS, DAMOORGIAN and FORST, JJ., concur.
|
|
| Docket Date |
2022-10-03
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Moran Environmental Recovery LLC
|
|
| Docket Date |
2022-10-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Moran Environmental Recovery LLC
|
|
| Docket Date |
2022-09-22
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED
|
| On Behalf Of |
Moran Environmental Recovery LLC
|
|
| Docket Date |
2022-09-21
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Duane S. Cole
|
|
| Docket Date |
2022-09-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ **CONFIDENTIAL**
|
| On Behalf Of |
Duane S. Cole
|
|
| Docket Date |
2022-09-12
|
| 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 August 26, 2022 order is an appealable final or nonfinal order, as it appears the order merely denies a request for emergency relief and no final judgment has been entered by the trial court. Fla. R. App. P. 9.130; Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Duane S. Cole
|
|
| Docket Date |
2022-09-08
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status ~ Duplicate
|
|
| Docket Date |
2022-09-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
