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ADVANCED AMBULATORY SURGERY CENTER, LLC VS WEISS, GRUNER, BARCLAY & BARNETT O/B/O JACQUELINE FILLION BOLTON, AMBULATORY ANKLE AND FOOT CENTER OF FLORIDA, INC., ALLEN HEALTHCARE, INC. D/B/A FIRSTAT NURSING SERVICES, KLONEL, ETC., ET AL.
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5D2018-1316
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2018-04-25
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
5th District Court of Appeal
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| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
2017-CA-001750
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Parties
| Name |
ADVANCED AMBULATORY SURGERY CENTER LLC
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| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARK GOLDSTEIN
|
|
| Name |
MARK D. BORNSTEIN PODIATRY LLC
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEBRA A. DUBE & ASSOCIATES, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CORA HEALTH SERVICES, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ADVANCED ORTHOPEDICS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
INTERNAL MEDICINE CONNECTION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KLONEL CHIROPRACTIC AND REHABILITATION CENTER, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WEISS, GRUNER, BARCLAY & BARNETT
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
JENNA K. DROZDOWICZ, Sylvia A. Grunor, Mark A. Cederberg, JOSEPH M. TARASKA
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|
| Name |
PHYSICAL MEDICINE PAIN CENTER
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BANYAN FINANCE, LLC
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALLEN HEALTHCARE, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NARENDRA DHARIA, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STAND UP MRI OF ORLANDO
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRSTAT NURSING SERVICES
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
FLORIDA DIVERSIFIED MEDICAL CONSULTANTS LLC
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
NEURO IOM SERVICES, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SPINE & BRAIN NEUROSURGERY CENTER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Adventist Health System/Sunbelt, Inc. d/b/a Florida Hospital
|
| Role |
Appellee
|
| Status |
Active
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|
| Name |
JACQUELINE FILLION BOLTON
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
PREFERRED CARE PARTNERS HOLDING, CORP.
|
| Role |
Appellee
|
| Status |
Active
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|
| Name |
AMBULATORY ANKLE AND FOOT CENTER OF FLORIDA, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED HEALTHCARE CORP
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
JAMES K. SHEA, M.D., INC.
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
RURAL/METRO CORPORATION OF FLORIDA
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
ORLANDO FOOT AND ANKLE CLINIC, INC.
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
PARAMOUNT MEDICAL BILLING, LLC
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HEALTH DIAGNOSTICS OF ORLANDO, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jessica J. Recksiedler
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Seminole
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2018-07-16
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| Type |
Mandate
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| Subtype |
Notice Memorandum
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| Description |
Notice Memorandum
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|
| Docket Date |
2018-07-16
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| Type |
Record
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| Subtype |
Returned Records
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| Description |
Returned Records ~ NO RECORD EFILED
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|
| Docket Date |
2018-06-26
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| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
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|
| Docket Date |
2018-06-26
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| Type |
Disposition
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| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2018-06-20
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Order
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| Description |
ORD-From Circuit Court/Agency ~ SETTING ASIDE DEFAULT FINAL JUDGMENT
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|
| Docket Date |
2018-05-30
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| Type |
Order
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| Subtype |
Order Relinquishing Jurisdiction
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| Description |
Jurisdiction Relinquished ~ 20 DYS FOR LT TO REENTER ORDER. OTSC - AA W/I 10 DYS OF ORDER.
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|
| Docket Date |
2018-05-22
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| Type |
Order
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| Subtype |
Order Appointing Mediator
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| Description |
ORD-Appointing Mediator
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|
| Docket Date |
2018-05-21
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| Type |
Mediation
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| Subtype |
Response to Order of Referral to Mediation
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| Description |
Response to Order of Referral to Mediation
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| On Behalf Of |
ADVANCED AMBULATORY SURGERY CENTER, LLC
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|
| Docket Date |
2018-05-21
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| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal ~ SECOND AMENDED; FILED BELOW 5/21/18
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| On Behalf Of |
ADVANCED AMBULATORY SURGERY CENTER, LLC
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|
| Docket Date |
2018-05-15
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| Type |
Order
|
| Subtype |
Order of Referral to Mediation
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| Description |
ORD-Referral To Mediation
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|
| Docket Date |
2018-05-10
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| Type |
Mediation
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| Subtype |
Confidential Statement
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| Description |
Confidential Statement ~ AA MARK GOLDSTEIN 882186
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| On Behalf Of |
ADVANCED AMBULATORY SURGERY CENTER, LLC
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|
| Docket Date |
2018-05-08
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| Type |
Mediation
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| Subtype |
Mediation Questionnaire
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| Description |
Mediation Questionnaire ~ AA MARK GOLDSTEIN 882186
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| On Behalf Of |
ADVANCED AMBULATORY SURGERY CENTER, LLC
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|
| Docket Date |
2018-05-02
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal ~ PER 4/26 ORDER
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| On Behalf Of |
ADVANCED AMBULATORY SURGERY CENTER, LLC
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|
| Docket Date |
2018-04-26
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
ORD-AA to File Amended NOA ~ W/IN 10 DAYS
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| Docket Date |
2018-04-25
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| Type |
Order
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| Subtype |
Mediation Order to Counsel
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| Description |
Mediation Letter to Counsel
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|
| Docket Date |
2018-04-25
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgement Letter 1
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|
| Docket Date |
2018-04-25
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ FILED BELOW 4/23/18
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| On Behalf Of |
ADVANCED AMBULATORY SURGERY CENTER, LLC
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|
| Docket Date |
2018-04-25
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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|
|
| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA005034
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Parties
| Name |
SILVIO COZZETTO
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| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robert C. Buschel
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|
| Name |
UNITED WELLNESS CENTERS, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BANYAN FINANCE, LLC
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cymonie Rowe
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| Role |
Judge/Judicial Officer
|
| Status |
Active
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|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
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Docket Entries
| Docket Date |
2018-01-26
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2018-01-26
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2018-01-10
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
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|
| Docket Date |
2017-08-10
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| Type |
Order
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| Subtype |
Order Vacating/Withdrawing Order
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| Description |
ORD-Amended Order ~ ORDERED that this court's August 3, 2017 order is amended as follows: ORDERED that appellant's August 1, 2017 motion to lift stay is granted and the stayentered on June 15, 2017, is lifted and the above-styled appeal shall proceed.
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| Docket Date |
2017-08-03
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| Type |
Order
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| Subtype |
Order re Stay
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| Description |
Stay is lifted, case to proceed ~ **AMENDED ORDER ISSUED**ORDERED that appellant's August 1, 2017 motion to lift stay is granted and the stay entered on June 15, 2017, is lifted and the above-styled appeal shall proceed; further,ORDERED that the appellant shall serve the initial brief within twenty (20) 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 will be subject to dismissal, or the court in its discretion may impose other sanctions.
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| Docket Date |
2017-08-01
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion ~ TO LIFT STAY *AND* NOTICE TO COURT
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| On Behalf Of |
SILVIO COZZETTO
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|
| Docket Date |
2017-06-15
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| Type |
Order
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| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
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| Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the June 2, 2017 motion of Daniel M. Schwarz, Esq. and Cole, Scott & Kissane, P.A. for leave to withdraw as counsel for appellee Banyan Finance, LLC is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it isORDERED that appellee shall be barred from any participation in this case unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf;FURTHER ORDERED that this case is stayed pending the above; further,ORDERED that the appellee's June 12, 2017 unopposed motion to toll time is moot.
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| Docket Date |
2017-06-12
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ THAT APPELLANT DOES NOT OBJECT TO EOT OR STAY IN CONNECTION WITH REQUESTED WITHDRAWAL OF COUNSEL.
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| On Behalf Of |
BANYAN FINANCE, LLC
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| Docket Date |
2017-06-12
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ (UNOPPOSED MOTION TO TOLL TIME)
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| On Behalf Of |
BANYAN FINANCE, LLC
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| Docket Date |
2017-06-02
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion To Withdraw as Counsel
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| Description |
Motion To Withdraw as Counsel
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| On Behalf Of |
BANYAN FINANCE, LLC
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| Docket Date |
2017-05-25
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| Type |
Record
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| Subtype |
Appendix
|
| Description |
Appendix to Brief
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| On Behalf Of |
SILVIO COZZETTO
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|
| Docket Date |
2017-05-25
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
SILVIO COZZETTO
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|
| Docket Date |
2017-05-17
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 15, 2017 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 25, 2017. 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 |
2017-05-15
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
SILVIO COZZETTO
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| Docket Date |
2017-05-03
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
BANYAN FINANCE, LLC
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| Docket Date |
2017-04-28
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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 circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2017-04-28
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2017-04-27
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
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| On Behalf Of |
SILVIO COZZETTO
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|
| Docket Date |
2017-04-27
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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