HOLLAND AMERICA LINE N.V. LLC

Classification	Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
Court	Supreme Court of Florida
Originating Court	4th District Court of Appeal 4D2022-2847;

Parties

Name	Dmitry Kruglov
Role	Petitioner
Status	Active
Name	HOLLAND AMERICA LINE N.V. LLC
Role	Respondent
Status	Active
Representations	Steve Holman, Jeffrey Bradford Maltzman
Name	Hon. Corey Amanda Cawthon
Role	Judge/Judicial Officer
Status	Active
Name	4DCA Clerk
Role	Lower Tribunal Clerk
Status	Active
Name	Broward Clerk
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2024-03-08
Type	Letter-Case
Subtype	Acknowledgment Letter-Modified-Case Final
Description	The Florida Supreme Court has received the following document reflecting a filing date of March 6, 2024. Letter In response to your letter received March 6, 2024, please be advised your case was stayed pending the disposition for rehearing pending in the Fourth District Court of Appeal. Your motion was denied by the Fourth District Court of Appeal on February 1, 2024. As your case is now closed in this Court, no further pleadings may be filed.
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Docket Date	2024-03-06
Type	Letter-Case
Subtype	Letter
Description	Letter
On Behalf Of	Dmitry Kruglov
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Docket Date	2024-02-28
Type	Event
Subtype	Stay Ended
Description	Stay ended.
Docket Date	2024-02-28
Type	Order
Subtype	District Court of Appeal
Description	Fourth District Court of Appeal order dated February 1, 2024: ORDERED that Appellant's January 12, 2024 motion for certification, clarification, and written opinion is denied.
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Docket Date	2024-01-23
Type	Event
Subtype	No Fee - Insolvent
Description	No Fee - Insolvent
Docket Date	2024-01-23
Type	Letter-Case
Subtype	Acknowledgment Letter-New Case
Description	Acknowledgment Letter-New Case
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Docket Date	2024-01-22
Type	Notice
Subtype	Invoke Discretionary Jurisdiction
Description	Filed as a Notice of Appeal and treated as a Notice to Invoke Discretionary Jurisdiction
On Behalf Of	Dmitry Kruglov
View	View File
Docket Date	2024-02-28
Type	Disposition
Subtype	Rev/Appeal Dism No Juris Omnibus
Description	Petitioner's Notice to Invoke Discretionary Jurisdiction, seeking review of the order or opinion issued by the Fourth District Court of Appeal on December 22, 2023, is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
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Docket Date	2024-02-06
Type	Brief
Subtype	Juris Initial
Description	Petitioner's Initial Brief on Jurisdiction
On Behalf Of	Dmitry Kruglov
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Docket Date	2024-01-23
Type	Order
Subtype	Stay Proceedings FSC (DCA Reh)
Description	The proceedings in the above cause are hereby stayed in this Court pending disposition of the Motion for Rehearing in the Fourth District Court of Appeal. Petitioner is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the motion for rehearing which is now pending in said district court.
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Classification	NOA Final - County Small Claims - Other
Court	4th District Court of Appeal
Originating Court	County Court for the Seventeenth Judicial Circuit, Broward County COSO22-002867

Parties

Name	Dmitry Kruglov
Role	Appellant
Status	Active
Name	HOLLAND AMERICA LINE N.V. LLC
Role	Appellee
Status	Active
Representations	Steve Holman, Jeffrey B. Maltzman
Name	Hon. Corey Amanda Cawthon
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Broward
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2024-02-28
Type	Supreme Court
Subtype	Supreme Court Order
Description	SC2024-0110 Supreme Court Order Dismissed
Docket Date	2024-02-01
Type	Order
Subtype	Order on Motion for Rehearing
Description	Order on Motion for Rehearing
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Docket Date	2024-01-30
Type	Response
Subtype	Response
Description	APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTION UNDER RULE 9.330
On Behalf Of	Holland America Line N.V., LLC
Docket Date	2024-01-30
Type	Brief
Subtype	Initial Brief
Description	Initial Brief
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Docket Date	2024-01-23
Type	Supreme Court
Subtype	Acknowledged Receipt from Supreme Court
Description	SC2024-0110 Acknowledged Receipt from Supreme Court
Docket Date	2024-01-22
Type	Supreme Court
Subtype	Review Sent to Supreme Court
Description	Review Sent to Supreme Court
Docket Date	2024-01-19
Type	Supreme Court
Subtype	Notice to Invok. Disc. Jur. FSC
Description	Notice to Invoke Discretionary Jurisdiction to Florida Supreme Court
On Behalf Of	Dmitry Kruglov
Docket Date	2024-01-13
Type	Post-Disposition Motions
Subtype	Motion for Rehearing
Description	Motion for Rehearing
On Behalf Of	Dmitry Kruglov
Docket Date	2023-12-22
Type	Order
Subtype	Order on Motion to Recall Mandate
Description	Order on Motion to Recall Mandate
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Docket Date	2023-12-20
Type	Response
Subtype	Response
Description	Response in Opposition to Appellant's Motion to Recall Mandate
On Behalf Of	Holland America Line N.V., LLC
Docket Date	2023-12-05
Type	Post-Disposition Motions
Subtype	Motion to Recall Mandate
Description	Motion to Recall Mandate
On Behalf Of	Dmitry Kruglov
Docket Date	2023-09-01
Type	Mandate
Subtype	Mandate
Description	Mandate
Docket Date	2023-09-01
Type	Misc. Events
Subtype	West Publishing
Description	West Publishing
Docket Date	2023-08-10
Type	Disposition by Opinion
Subtype	Affirmed
Description	Affirmed - Per Curiam Affirmed
Docket Date	2023-08-10
Type	Order
Subtype	Order on Motion for Sanctions
Description	Order Denying Motion for Sanctions ~ ORDERED that the appellant's May 8, 2023 motion for sanctions is denied.
Docket Date	2023-07-12
Type	Motions Extensions
Subtype	Motion Extension of Time To Reply To Response
Description	Motion Extension of TimeTo Reply To Response
On Behalf Of	Dmitry Kruglov
Docket Date	2023-07-12
Type	Order
Subtype	Order on Motion for Extension of Time to File Response
Description	Deny EOT to file Response ~ ORDERED that appellant’s July 12, 2023 motion for extension of time to file a reply to appellee’s May 18, 2023 response to appellant’s motion for sanctions is denied.
Docket Date	2023-05-18
Type	Response
Subtype	Response
Description	Response ~ TO APPELLANT'S MOTION FOR SANCTIONS
On Behalf Of	Holland America Line N.V., LLC
Docket Date	2023-05-12
Type	Brief
Subtype	Reply Brief
Description	Appellant's Reply Brief
On Behalf Of	Dmitry Kruglov
Docket Date	2023-05-08
Type	Motions Other
Subtype	Motion for Sanctions
Description	Motion for sanctions
On Behalf Of	Dmitry Kruglov
Docket Date	2023-04-20
Type	Order
Subtype	Order on Motion to Accept Brief as Timely
Description	Grant to Accept Brief Filed as Timely ~ ORDERED that appellee’s April 19, 2023 motion to accept answer brief as timely filed is granted. The answer brief is deemed timely filed as of the date of this order.
Docket Date	2023-04-20
Type	Brief
Subtype	Answer Brief
Description	Appellee's Answer Brief
On Behalf Of	Holland America Line N.V., LLC
Docket Date	2023-04-19
Type	Motions Relating to Briefs
Subtype	Motion to Accept Brief as Timely
Description	Motion To Accept Timely Brief
On Behalf Of	Holland America Line N.V., LLC
Docket Date	2023-04-18
Type	Order
Subtype	Order Striking Filing
Description	Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s April 17, 2023 answer brief and motion to accept timely brief are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do 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.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
Docket Date	2023-04-17
Type	Brief
Subtype	Answer Brief
Description	Appellee's Answer Brief ~ **Stricken**
On Behalf Of	Holland America Line N.V., LLC
Docket Date	2023-04-17
Type	Motions Relating to Briefs
Subtype	Motion to Accept Brief as Timely
Description	Motion To Accept Timely Brief ~ **Stricken**
On Behalf Of	Holland America Line N.V., LLC
Docket Date	2023-03-15
Type	Brief
Subtype	Initial Brief
Description	Initial Brief on Merits
On Behalf Of	Dmitry Kruglov
Docket Date	2023-03-15
Type	Response
Subtype	Response
Description	Response to Order to Show Cause
On Behalf Of	Dmitry Kruglov
Docket Date	2023-03-08
Type	Order
Subtype	Show Cause
Description	Show Cause Lack of Prosecution, Initial Brief ~ 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.
Docket Date	2023-01-30
Type	Record
Subtype	Record on Appeal
Description	Received Records ~ 190 PAGES
On Behalf Of	Clerk - Broward
Docket Date	2023-01-24
Type	Notice
Subtype	Notice
Description	Notice ~ OF INABILITY TO TRANSMIT THE RECORD
On Behalf Of	Clerk - Broward
Docket Date	2022-12-14
Type	Response
Subtype	Response
Description	Response to Order to Show Cause
On Behalf Of	Dmitry Kruglov
Docket Date	2022-12-06
Type	Order
Subtype	Show Cause re Compliance with Prior Order
Description	Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant 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 or other sanctions imposed for failure to comply with this court’s October 25, 2022 order.
Docket Date	2022-11-22
Type	Misc. Events
Subtype	Miscellaneous Docket Entry
Description	Miscellaneous Entry/Document
On Behalf Of	Dmitry Kruglov
Docket Date	2022-10-25
Type	Order
Subtype	Order to File Response re Jurisdiction
Description	Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) (“On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order.”). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
Docket Date	2022-10-20
Type	Misc. Events
Subtype	Fee Status
Description	WV:Waived
Docket Date	2022-10-20
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
Docket Date	2022-10-20
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed
On Behalf Of	Dmitry Kruglov

Classification	NOA Final - Circuit Civil - Other
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE21021169

Parties

Name	Dmitry Kruglov
Role	Appellant
Status	Active
Name	HOLLAND AMERICA LINE N.V. LLC
Role	Appellee
Status	Active
Representations	Steve Holman
Name	Hon. Jeffrey R. Levenson
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Broward
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2022-02-14
Type	Disposition by Order
Subtype	Dismissed
Description	ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED sua sponte that this appeal is dismissed for lack of jurisdiction. See Collins v. Penske Truck Leasing, 668 So. 2d 343, 344 (Fla. 5th DCA 1996) (“It is well established that an order of a trial court which sets aside a clerk’s default is not appealable as a nonfinal order.”).CONNER, C.J., GROSS and MAY, JJ., concur.
Docket Date	2022-02-14
Type	Disposition
Subtype	Dismissed
Description	Dismissed - Order by Judge
Docket Date	2022-01-25
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 January 3, 2022 order is an appealable final or nonfinal order, as it appears the order merely grants a motion to set aside a default. See Collins v. Penske Truck Leasing, 668 So. 2d 343, 344 (Fla. 5th DCA 1996) (“It is well established that an order of a trial court which sets aside a clerk’s default is not appealable as a nonfinal order.”). Further,Appellee may file a response within ten (10) days of service of that statement.
Docket Date	2022-01-24
Type	Brief
Subtype	Initial Brief
Description	Initial Brief on Merits
On Behalf Of	Dmitry Kruglov
Docket Date	2022-01-24
Type	Misc. Events
Subtype	Order Appealed
Description	Order Appealed
On Behalf Of	Dmitry Kruglov
Docket Date	2022-01-21
Type	Order
Subtype	Amended/Additional Filing(s) Needed
Description	Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
Docket Date	2022-01-21
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
Docket Date	2022-01-20
Type	Misc. Events
Subtype	Determination of Indigency/LT Order Insolvency
Description	Determination of Indigent Status ~ **Duplicate**
Docket Date	2022-01-20
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed
On Behalf Of	Dmitry Kruglov