| 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 Seventeenth Judicial Circuit, Broward County
CACE21-006643
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Parties
| Name |
TORRECOM PARTNERS LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Gavin C. Gaukroger
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|
| Name |
Hon. Jack B. Tuter
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
| Name |
TBS Management, S.R.L.
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| Role |
Appellant
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| Status |
Active
|
|
| Name |
Terra Towers Corporation
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| Role |
Appellant
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| Status |
Active
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| Representations |
Ethan Rodriguez, Juan J. Rodriguez
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Docket Entries
| Docket Date |
2023-06-27
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2023-06-09
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO JURISDICTIONAL BRIEF
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| On Behalf Of |
Torrecom Partners, LLc
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|
| Docket Date |
2023-06-02
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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 appellants' June 1, 2023 motion for extension of time is granted, and appellants shall serve the initial brief on or before August 28, 2023. 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 |
2023-06-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
Terra Towers Corporation
|
|
| Docket Date |
2023-06-01
|
| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellants' May 30, 2023 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.
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|
| Docket Date |
2023-05-30
|
| 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 |
Terra Towers Corporation
|
|
| Docket Date |
2023-05-30
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| On Behalf Of |
Terra Towers Corporation
|
|
| Docket Date |
2023-05-16
|
| 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 |
Terra Towers Corporation
|
|
| Docket Date |
2023-05-17
|
| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Terra Towers Corporation
|
|
| Docket Date |
2023-05-16
|
| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-05-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-06-27
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellants’ May 30, 2023 jurisdictional brief and appellee’s June 9, 2023 response, this appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.130(a)(3)(B) (“Appeals to the district courts of appeal of nonfinal orders are limited to those that grant, continue, modify, deny, or dissolve injunctions, or refuse to modify or dissolve injunctions”); Greene v. Cal. Fed. Bank, 658 So. 2d 1027, 1028 (Fla. 4th DCA 1995) ("We do not equate a stay, which is not enumerated as an order which is appealable under rule 9.130, with an injunction, which is appealable."); Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of non-final orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed.") (citing Valledor Co. v. Decky, 338 So. 3d 956 (Fla. 3d DCA 2022)). Further,ORDERED that the request to treat the notice of appeal as a petition for certiorari review is denied.MAY, CIKLIN and CONNER, JJ., concur.
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|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
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| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellants 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. Appellants shall specifically address how the April 14, 2023 order is an appealable nonfinal order, as it appears to only deny a motion to lift the stay of proceedings pending arbitration. See Fla. R. App. P. 9.130; Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of non-final orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed.") (citing Valledor Co. v. Decky, 338 So. 3d 956 (Fla. 3d DCA 2022)). Further,Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2023-05-16
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| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
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