Docket Date |
2017-02-16
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court's February 3, 2017 order.
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Docket Date |
2017-02-16
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Type |
Disposition
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Subtype |
Dismissed
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Description |
Dismissed - Order by Clerk
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Docket Date |
2017-02-03
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Type |
Order
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Subtype |
Order Striking Filing
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Description |
ORD-Stricken ~ ORDERED that appellant's January 31, 2017 brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that there are blank pages at the beginning of the brief, the table of contents, the table of citations, and the issues for review do not list the pages numbers, and the brief is not double spaced. The court notes that appellant included an electronic note when filing the initial brief acknowledging that it did not comply with the rules and stating that appellant would file an amended brief in compliance with the rules at some later point in time. This is unacceptable. After receiving several extensions of time, on January 27, 2017, appellant was ordered to file the initial brief by January 31, 2017 or this appeal would be dismissed. Filing a brief which appellant knows to be noncompliant does not satisfy this court's order. Accordingly, appellant is ORDERED to file an amended initial brief that fully complies with rule 9.210 by February 6, 2017, or this appeal WILL BE DISMISSED. No motions or other filings will toll the time to file the initial brief. No motion for rehearing will be entertained. Appellant will not receive any further chances to file an amended initial brief. Any further noncompliance with court orders may result in sanctions. The time for any responsive briefing shall be tolled until service of this amended brief.
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Docket Date |
2017-01-31
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Type |
Brief
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Subtype |
Initial Brief
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Description |
Initial Brief on Merits ~ **STRICKEN**
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Docket Date |
2017-01-27
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Type |
Order
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Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
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Description |
Order Denying Rehearing Interim Order ~ ORDERED that appellant's January 27, 2017 emergency motion for rehearing is denied. The court acknowledges appellant's medical circumstances, however, appellant has already received final extensions of time in this case based on the same circumstances, and extensions cannot be granted indefinitely. Moreover, appellant has repeatedly failed to comply with this court's orders and deadlines, and has filed motions for extension of time after the deadline to comply with the order has already passed. Specifically,On August 25, 2016, this court ordered appellant to file a copy of the order appealed. He failed to do so.On September 19, 2016, this court issued an order to show cause directing appellant to file the order appealed within 10 days. He failed to do so. Instead, appellant filed a response and a request for emergency treatment on October 13 requesting an extension of time to file the order. On October 19, this court granted appellant a 15-day extension of time to file the order, and ordered him to file the initial brief within 30 days, so by November 18, 2016.Appellant filed the order on October 31, 2016 but failed to file the initial brief by November 18, 2016. On December 1, 2016 this court issued an order to show cause. Appellant responded with a motion for extension of time. On December 21, 2016 this court granted a final 15 day extension to file the initial brief (so by January 5, 2017).Appellant failed to file the initial brief by January 5, 2017, and instead filed a motion for a 45-day extension of time on January 9, 2017. On January 19, 2017 this court issued an order denying the 45-day extension and giving appellant 7 days to file the initial brief, so by January 26, 2017. Appellant failed to comply with that deadline, and filed the instant emergency motion for rehearing on January 27, 2017.Accordingly, it is ORDERED that appellant shall file the initial brief by January 31, 2017. Failure to file the initial brief by January 31, 2017 WILL RESULT IN DISMISSAL without further notice. No motions or other filings will toll the time to file the initial brief. No motion for rehearing will be entertained.
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Docket Date |
2017-01-27
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Type |
Post-Disposition Motions
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Subtype |
Motion for Rehearing
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Description |
Motion For Rehearing/Interim Order
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Docket Date |
2017-01-27
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Type |
Motions Other
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Subtype |
Request for Emergency Treatment
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Description |
Request for Emergency Treatment
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Docket Date |
2017-01-19
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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 Denying EOT for Initial Brief ~ ORDERED that appellant's January 9, 2017 motion for extension of time to file the initial brief is denied. Appellant shall file the initial brief within seven (7) days from the date of this order. Failure to comply with this order will result in dismissal of this appeal for lack of prosecution without further notice.
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Docket Date |
2017-01-10
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Type |
Response
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Subtype |
Response
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Description |
Response ~ TO APPELLANT'S (BELATED) MOTION FOR EOT.
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On Behalf Of |
NIC 4 THE PLAZA LEASING LLC
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Docket Date |
2017-01-09
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Type |
Notice
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Subtype |
Notice of Change of Address
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Description |
Notice of Change of Address
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Docket Date |
2017-01-09
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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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Docket Date |
2016-12-21
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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 |
ORD-Initial Brief to be Served ~ ORDERED that appellant's December 12, 2016 motion for extension of time is granted in part. Appellant shall serve the initial brief and appendix (simultaneously) within fifteen (15) days from the date of this order. In addition, if the initial brief and appendix are 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. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
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Docket Date |
2016-12-13
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Type |
Response
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Subtype |
Response
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Description |
Response ~ TO APPELLANT'S MOTION FOR ADDITIONAL EXTENSION OF TIME TO FILE APPENDIX AND INITIAL BRIEF.
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On Behalf Of |
NIC 4 THE PLAZA LEASING LLC
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Docket Date |
2016-12-12
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time
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Description |
Motion for Extension of Time ~ TO FILE APPENDIX AND INITIAL BRIEF.
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Docket Date |
2016-12-01
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Type |
Order
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Subtype |
Show Cause
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Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 12, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date |
2016-10-31
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Type |
Notice
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Subtype |
Notice of Filing
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Description |
Notice of Filing
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Docket Date |
2016-10-19
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
Deny Extension of Time ~ ORDERED that appellant's request for a three month extension of time to file a copy of the order appealed and to file the initial brief and appendix, included in the October 13, 2016 response to this court's August 25 and September 19, 2016, orders, is denied. Appellant shall file a copy of the order appealed within fifteen (15) days from the date of this order, and shall file the initial brief and appendix within thirty (30) days from the date of this order.
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Docket Date |
2016-10-14
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Type |
Response
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Subtype |
Response
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Description |
Response
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On Behalf Of |
NIC 4 THE PLAZA LEASING LLC
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Docket Date |
2016-10-14
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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 |
NIC 4 THE PLAZA LEASING LLC
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Docket Date |
2016-10-13
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Type |
Response
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Subtype |
Response
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Description |
Response
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Docket Date |
2016-10-13
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Type |
Order
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Subtype |
Order on Request for Emergency Treatment
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Description |
Denying Request for Emergency Treatment ~ ORDERED that appellant's October 13, 2016 request for emergency treatment is denied. The court will handle the filing in the ordinary course of business. No motion for rehearing as to this order will be entertained.
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Docket Date |
2016-10-13
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Type |
Motions Other
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Subtype |
Request for Emergency Treatment
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Description |
Request for Emergency Treatment
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Docket Date |
2016-09-19
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Type |
Order
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Subtype |
Show Cause re Compliance with Prior Order
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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 August 25, 2016 order requiring a conformed copy of the order being appealed to be filed with this court and for failure to file an initial brief and appendix. If the order, initial brief and appendix are filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
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Docket Date |
2016-08-25
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Type |
Order
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Subtype |
Amended/Additional Filing(s) Needed
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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 Florida Rule of Appellate Procedure 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.
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Docket Date |
2016-08-25
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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 |
2016-08-23
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed
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On Behalf Of |
ALLAN JAY ATLAS
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Docket Date |
2016-08-23
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
WV:Waived
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