| Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COSO22-003455
|
Parties
| Name |
Dwight Virgile
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FYR SFR BORROWER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Elizabeth Cruikshank
|
|
| Name |
Hon. Corey Amanda Cawthon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-24
|
| 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 |
2023-01-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 211 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ ORDERED that appellant’s January 5, 2023 motion for stay, filed in case numbers 4D22-2543 and 4D23-3, are treated as motions for review and are denied. See Parker v. Est. of Bealer, 890 So. 2d 508, 512 (Fla. 4th DCA 2005) (explaining appellate review of an order on a motion to stay is reviewed under the abuse of discretion standard). The temporary stay entered January 6, 2023, is lifted. Further, ORDERED that appellee’s January 6, 2023 motion to dismiss, contained within appellee’s response filed in case number 4D23-3, is denied. See § 26.012(1), Fla. Stat. (2022) (explaining the scope of the circuit courts’ jurisdiction); Fla. R. App. P. 9.030(b).
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee shall file a response to appellant's January 5, 2023 motion to stay, filed in case numbers 4D22-2543 and 4D23-3, by no later than Tuesday, January 10, 2023. The December 9, 2022 final judgment of eviction is stayed pending further order.
|
|
| Docket Date |
2023-01-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION TO STAY THE CASE
|
| On Behalf Of |
FYR SFR Borrower LLC
|
|
| Docket Date |
2023-01-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ **TREATED AS A MOTION FOR REVIEW. SEE 01/11/2023 ORDER.** EMERGENCY
|
| On Behalf Of |
Dwight Virgile
|
|
| Docket Date |
2023-01-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ Civil Cover Sheet
|
|
| Docket Date |
2023-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Dwight Virgile
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-04-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-04-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
|
| Classification |
NOA Non Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COSO22003455
|
Parties
| Name |
Dwight Virgile
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FYR SFR BORROWER, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Elizabeth Cruikshank
|
|
| Name |
Hon. Corey Amanda Cawthon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-22
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. Fla. R. App. P. 9.130(a)(3)(C)(ii). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Florida Rule of Appellate Procedure 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
| Docket Date |
2022-09-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Dwight Virgile
|
|
| Docket Date |
2023-03-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-03-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-02-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2023-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ ORDERED that appellant’s December 23, 2022 motion to stay is treated as a motion for review and is denied. See Parker v. Est. of Bealer, 890 So. 2d 508, 512 (Fla. 4th DCA 2005) (explaining appellate review of an order on a motion to stay is reviewed under the abuse of discretion standard).
|
|
| Docket Date |
2023-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ ORDERED that appellant’s January 5, 2023 motion for stay, filed in case numbers 4D22-2543 and 4D23-3, are treated as motions for review and are denied. See Parker v. Est. of Bealer, 890 So. 2d 508, 512 (Fla. 4th DCA 2005) (explaining appellate review of an order on a motion to stay is reviewed under the abuse of discretion standard). The temporary stay entered January 6, 2023, is lifted. Further, ORDERED that appellee’s January 6, 2023 motion to dismiss, contained within appellee’s response filed in case number 4D23-3, is denied. See § 26.012(1), Fla. Stat. (2022) (explaining the scope of the circuit courts’ jurisdiction); Fla. R. App. P. 9.030(b).
|
|
| Docket Date |
2023-01-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION TO STAY THE CASE
|
| On Behalf Of |
FYR SFR Borrower, LLC
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee shall file a response to appellant's January 5, 2023 motion to stay, filed in case numbers 4D22-2543 and 4D23-3, by no later than Tuesday, January 10, 2023. The December 9, 2022 final judgment of eviction is stayed pending further order.
|
|
| Docket Date |
2023-01-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ **TREATED AS A MOTION FOR REVIEW. SEE 01/11/2023 ORDER.** EMERGENCY
|
| On Behalf Of |
Dwight Virgile
|
|
| Docket Date |
2022-12-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Dwight Virgile
|
|
| Docket Date |
2022-12-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s December 20, 2022 motion to stay is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee.Appellant may re-file the document with a proper certificate of service which indicates service on the appellee within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2022-12-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ **Stricken**
|
| On Behalf Of |
Dwight Virgile
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s November 28, 2022 answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does 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.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-11-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FYR SFR Borrower, LLC
|
|
| Docket Date |
2022-11-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **Stricken**
|
| On Behalf Of |
FYR SFR Borrower, LLC
|
|
| Docket Date |
2022-10-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Dwight Virgile
|
|
| Docket Date |
2022-10-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Dwight Virgile
|
|
| Docket Date |
2022-10-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Dwight Virgile
|
|
| Docket Date |
2022-10-13
|
| Type |
Order
|
| Subtype |
Show Cause
|
| 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, 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 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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