Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA005390XXXMB
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Parties
Name |
SOUTH SPANISH TRAIL, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Ricardo Alberto Reyes, Carrie Stolzer Robinson, Sacha Aaron Boegem
|
|
Name |
Florida Internal Improvement Fund
|
Role |
Appellee
|
Status |
Active
|
|
Name |
John Ferolito, Jr.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
John Ferolito, Sr.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GLOBENET CABOS SUBMARINOS AMERICA, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LITTLE CARDINAL LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Elisa Hevia Baca, Jessica Fishfeld, Katherine Marie Clemente, Timothy Newhall, Humberto H. Ocariz, Elliot H. Scherker, Robert Russell Kane, Jared Kessler, Mark F. Bideau
|
|
Name |
All Others in Possession by and through Little Cardinal, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. James Nutt
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-02-18
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Little Cardinal, LLC
|
|
Docket Date |
2021-02-17
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
South Spanish Trail, LLC
|
|
Docket Date |
2021-02-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's February 15, 2021 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
Docket Date |
2021-02-15
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
South Spanish Trail, LLC
|
|
Docket Date |
2021-02-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
South Spanish Trail, LLC
|
|
Docket Date |
2021-02-03
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
South Spanish Trail, LLC
|
|
Docket Date |
2021-03-09
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant's February 15, 2021 jurisdictional brief and appellees' February 25, 2021 response, it is ORDERED that the above-styled appeal is dismissed for lack of jurisdiction as counter claims remain pending and the order being appealed merely grants a motion for summary judgment. See Tarik, Inc. v. NNN Acquisitions, Inc., 17 So. 3d 912, 913 (Fla. 4th DCA 2009) (dismissing an appeal where “the trial court simply granted [appellee’s] motion for summary judgment but did not enter a judgment or issue a writ of possession”).GROSS, KUNTZ and ARTAU, JJ. concur.
|
|
Docket Date |
2021-03-09
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2021-02-25
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response ~ TO JURISDICTIONAL STATEMENT
|
On Behalf Of |
Little Cardinal, LLC
|
|
Docket Date |
2021-02-25
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO JURISDICTIONAL STATEMENT
|
On Behalf Of |
Little Cardinal, LLC
|
|
Docket Date |
2021-02-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 17, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) days from the issuance of an order on this court’s jurisdiction. 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.
|
|
Docket Date |
2021-02-03
|
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 |
2021-02-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-02-02
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-02-02
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
South Spanish Trail, LLC
|
|
|