| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 16-019807
|
Parties
| Name |
DOUGLAS A. PERERA, JR.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Clarence Edward McGee
|
|
| Name |
LOUIS ATTALAH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COWBOYS SALOON DAVIE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IRELAND DAVIE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VB PROJECT, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GWG INVESTMENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IRELAND DAVIE, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Wolfe Black, David W. Langley, Marc A. Silverman
|
|
| Name |
VADIM BULAVICK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-06-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL FOR VB PROJECT
|
|
| Docket Date |
2019-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ Upon consideration of appellee’s June 28, 2019 response, it is ORDERED that appellant’s June 4, 2019 “motion for rehearing of order dismissal appeal for lack of jurisdiction” is denied.
|
|
| Docket Date |
2019-06-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
IRELAND DAVIE, LTD.
|
|
| Docket Date |
2019-06-25
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to the June 4, 2019 motion for rehearing.
|
|
| Docket Date |
2019-06-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
| Docket Date |
2019-06-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
| Docket Date |
2019-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Upon consideration of appellant’s May 10, 2019 response, it is ORDERED that appellees’ May 2, 2019 motion to dismiss appeal is granted, and the above-styled appeal is dismissed for lack of jurisdiction. Fascetti v. Fascetti, 795 So. 2d 1094, 1095 (Fla. 4th DCA 2001); Int'l House of Pancakes (IHOP) v. Robinson, 124 So. 3d 1004, 1006 (Fla. 4th DCA 2013) ("[T]he order denying the motion to vacate the simple default—where no final judgment has been entered—is not appealable, nor subject to certiorari review."). Further,ORDERED that appellees’ request for attorney’s fees in the motion to dismiss is denied. See McCreary v. Fla. Res. Prop. And Cas. Joint Underwriting Ass’n, 758 So. 2d 692 (Fla. 4th DCA 1999) (“[A]ttorney’s fees must be requested by filing a separate motion.”).GROSS, TAYLOR and CIKLIN, JJ., concur.
|
|
| Docket Date |
2019-05-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's May 16, 2019 motion to serve an amended initial brief is granted. Said brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2019-05-17
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ ***MOTION GRANTED 5/17/19***
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
| Docket Date |
2019-05-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ (AMENDED)
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
| Docket Date |
2019-05-16
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
| Docket Date |
2019-05-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ (AMENDED)
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
| Docket Date |
2019-05-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-05-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
| Docket Date |
2019-05-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
| Docket Date |
2019-05-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'SMOTION TO DISMISS APPEAL
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
| Docket Date |
2019-05-07
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF DESIGNATION TO REPORTER AND REPORTER'S ACK.
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
| Docket Date |
2019-05-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
IRELAND DAVIE, LTD.
|
|
| Docket Date |
2019-04-25
|
| 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, 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-04-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-04-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DOUGLAS A. PERERA, JR.
|
|
|
