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FITNESS INTERNATIONAL, LLC d/b/a LA FITNESS, Petitioner(s) v. DEJURNAE PARRISH, LIFE FITNESS, LLC, and STEVEN JAMES MASSEY, Respondent(s).
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4D2024-1749
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2024-07-10
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA010129
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Parties
| Name |
FITNESS INTERNATIONAL, LLC
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Carly Marissa Weiss, Therese Ann Savona
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|
| Name |
DeJurnae Parrish
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| Role |
Respondent
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| Status |
Active
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| Representations |
Brian G. Beecher, Laura Dee Dolin, Jeannete C Lewis
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|
| Name |
LIFE FITNESS, LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Gabrielle B. Ilaria, Zachary Scott Foster
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|
| Name |
Steven James Massey
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| Role |
Respondent
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| Status |
Active
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| Representations |
Julie Lewis Hauf, Melissa Marie Grace McCartney Saint Paul
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|
| Name |
Hon. Reid Parker Scott, II
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-07-30
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
ORDERED that the petition for writ of certiorari is denied. Denial is without prejudice for Petitioner to file a privilege log as to any allegedly privileged or protected materials. Hertz Corp. v. Sider, 311 So. 3d 1004, 1007 (Fla. 2d DCA 2021).
MAY, GERBER and KUNTZ, JJ., concur.
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| View |
View File
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| Docket Date |
2024-07-23
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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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| On Behalf Of |
Fitness International, LLC
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|
| Docket Date |
2024-07-12
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
Fitness International, LLC
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| View |
View File
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| Docket Date |
2024-07-10
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
|
|
| Docket Date |
2024-07-10
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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|
| Docket Date |
2024-07-10
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition Certiorari
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|
| Docket Date |
2024-07-10
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes (2023), did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED. ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes (2023), must be filed in this Court within ten (10) days from the date of the entry 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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| View |
View File
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FITNESS INTERNATIONAL, LLC VS VEREIT REAL ESTATE, L. P.
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2D2023-0253
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2023-02-06
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
21-CA-74
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Parties
| Name |
FITNESS INTERNATIONAL, LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
SEAN M. SMITH, ESQ., MATTHEW R. CHAIT, ESQ., DANIEL E. NORDBY, ESQ
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|
| Name |
VEREIT REAL ESTATE, L.P.
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| Role |
Appellee
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| Status |
Active
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| Representations |
RONALD COHN, ESQ., CRAIG SOLOMON GANZ, ESQ., KATHERINE E. ANDERSON SANCHEZ, ESQ.
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|
| Name |
HON. CAROLINE TESCHE ARKIN
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
HILLSBOROUGH CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2023-10-05
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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| Docket Date |
2023-10-05
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2023-09-13
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Citation
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| Docket Date |
2023-09-13
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ Appellant and Appellee have filed motions for appellate attorney's fees under Florida Rule of Appellate Procedure 9.400 and section 22.7 of the underlying lease agreement. Appellee's motion is granted in an amount to be determined by the trial court. Appellant's motion is denied.
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| Docket Date |
2023-08-22
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| Type |
Misc. Events
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| Subtype |
Oral Argument Date Set
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| Description |
Oral Argument Date Set ~ Remote
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| Docket Date |
2023-07-21
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| Type |
Order
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| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
ORD-WITHDRAW AS COUNSEL ~ The motion of Attorney Michael L. Schuster to withdraw as counsel for the Appellee is granted, and Attorney Schuster is relieved of further appellate responsibilities.
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| Docket Date |
2023-07-19
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion To Withdraw as Counsel
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| Description |
Motion To Withdraw as Counsel
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| On Behalf Of |
VEREIT REAL ESTATE, L. P.
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| Docket Date |
2023-07-18
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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 |
VEREIT REAL ESTATE, L. P.
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| Docket Date |
2023-07-06
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority ~ (Fourth) Notice of Supplemental Authority VEREIT Real Estate, L.P.
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| On Behalf Of |
VEREIT REAL ESTATE, L. P.
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| Docket Date |
2023-06-01
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| Type |
Order
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| Subtype |
Order Re: Video Oral Argument
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| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, AUGUST 22, 2023, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Matthew C. Lucas, Judge Susan H. Rothstein-Youakim. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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| Docket Date |
2023-05-17
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority ~ (Third) Notice of Supplemental Authority VEREIT Real Estate, L.P.
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| On Behalf Of |
VEREIT REAL ESTATE, L. P.
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| Docket Date |
2023-05-16
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority ~ (Second) Notice of Supplemental Authority VEREIT Real Estate, L.P.
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| On Behalf Of |
VEREIT REAL ESTATE, L. P.
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| Docket Date |
2023-05-02
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| Type |
Order
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| Subtype |
Order on Motion to Consolidate
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| Description |
Deny Consolidation-75d ~ Appellant's motion to consolidate with case no. 2D22-1182 is denied.
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| Docket Date |
2023-04-28
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| Type |
Motions Other
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| Subtype |
Motion To Consolidate
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| Description |
Motion To Consolidate ~ MOTION TO CONSOLIDATE APPEALSFOR TRAVEL AND PANEL ASSIGNMENT
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| On Behalf Of |
FITNESS INTERNATIONAL, LLC
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| Docket Date |
2023-04-28
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
FITNESS INTERNATIONAL, LLC
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| Docket Date |
2023-04-28
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ RESPONSE TO APPELLEE'S MOTION FORAPPELLATE ATTORNEY'S FEES
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| On Behalf Of |
FITNESS INTERNATIONAL, LLC
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| Docket Date |
2023-04-28
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant Reply Brief
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| On Behalf Of |
FITNESS INTERNATIONAL, LLC
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| Docket Date |
2023-04-28
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
FITNESS INTERNATIONAL, LLC
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| Docket Date |
2023-04-12
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority
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| On Behalf Of |
VEREIT REAL ESTATE, L. P.
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| Docket Date |
2023-04-06
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time
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| Description |
Stipulation for Extension of Time ~ 21 - RB DUE 04/28/2023
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| On Behalf Of |
FITNESS INTERNATIONAL, LLC
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| Docket Date |
2023-03-14
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ ARKIN - 928 PAGES - REDACTED
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|
| Docket Date |
2023-03-08
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
VEREIT REAL ESTATE, L. P.
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|
| Docket Date |
2023-03-08
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| Type |
Brief
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| Subtype |
Appendix
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| Description |
Appendix for Answer Brief
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| On Behalf Of |
VEREIT REAL ESTATE, L. P.
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|
| Docket Date |
2023-03-08
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| Type |
Order
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| Subtype |
Order on Motion to Consolidate
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| Description |
ORD-GRANTING CONSOLIDATION ~ Appellant's motion to consolidate is granted. The above cases are consolidated for appeal for all purposes. All electronic filings in these consolidated cases shall be filed using the earliest case number.
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| Docket Date |
2023-03-08
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
VEREIT REAL ESTATE, L. P.
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| Docket Date |
2023-02-21
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| Type |
Motions Other
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| Subtype |
Motion To Consolidate
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| Description |
Motion To Consolidate
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| On Behalf Of |
FITNESS INTERNATIONAL, LLC
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|
| Docket Date |
2023-02-07
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a),Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward therequired $300.00 filing fee or, if applicable, a certificate or order of the lower tribunalfinding appellant insolvent pursuant to section 57.081, Florida Statutes, within twentydays from the date of this order.If this court does not receive either of the above within the prescribed time, thisappeal may be subject to dismissal without further notice.
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| Docket Date |
2023-02-07
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2023-02-07
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| 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 |
FITNESS INTERNATIONAL, LLC
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|
| Docket Date |
2023-02-06
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-02-06
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
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| On Behalf Of |
FITNESS INTERNATIONAL, LLC
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BRANDSMART USA OF SOUTH DADE, INC., etc., VS FITNESS INTERNATIONAL, LLC, etc.,
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3D2022-2008
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2022-11-22
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-12878
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Parties
| Name |
BRANDSMART USA OF SOUTH DADE, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Juan C. Zorrilla, Victor M. Velarde
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|
| Name |
FITNESS INTERNATIONAL, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
MATTHEW R. CHAIT, SEAN M. SMITH
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|
| Name |
Hon. Barbara Areces
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Miami-Dade Clerk
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-02-20
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp w/o mandate
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|
| Docket Date |
2023-02-20
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-31
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Appeal Dismissed by the Court ATFANAO (DA11A) ~ Upon consideration, Appellant’s Motion for Clarification is granted, and this Court’s Order, dated January 6, 2023, is hereby withdrawn. Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed as one taken from a non-final, non-appealable order—i.e., the trial court’s “Order on Plaintiff’s Motion for Summary Judgment and Defendant’s Motion for Summary Judgment.” See Cardiothoracic & Vascular Surgery, P.A. v. W. Fla. Reg’l Med. Ctr., 993 So. 2d 1060 (Fla. 1st DCA 2008); Libman v. Fla. Wellness & Rehab. Ctr., Inc., 260 So. 3d 515, 517 (Fla. 3d DCA 2018).
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| Docket Date |
2023-01-31
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2023-01-23
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| Type |
Post-Disposition Motions
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| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
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| On Behalf Of |
BRANDSMART USA OF SOUTH DADE, INC.
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|
| Docket Date |
2023-01-06
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Appeal Dismissed by the Court ATFANAO (DA11A) ~ [Order Withdrawn 1/31/23] Upon the Court's own motion, it is ordered that the above-styled appeal is hereby dismissed as one taken from a non-final, non-appealable order, as the order is not reviewable separately from the judgment to which it applies. See Fla. R. App. P. 9.130(a)(4) ("Orders disposing of motions for rehearing or motions that suspend rendition are not reviewable separately from a review of the final order; provided that orders granting motions for new trial in jury and nonjury cases are reviewable by the method prescribed in rule 9.110."); see also Jockey Club Condo. Apartments, Inc. v. B.V.K., LLC, 237 So. 3d 1118 (Fla. 3d DCA 2018).
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| Docket Date |
2023-01-06
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Withdrawn 1/31/23
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|
| Docket Date |
2022-12-26
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| Type |
Response
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| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE
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| On Behalf Of |
BRANDSMART USA OF SOUTH DADE, INC.
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|
| Docket Date |
2022-12-15
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Appellant shall show cause, within ten (10) days from the date of this Order, as to why the appeal should not be dismissed as one taken from a non-final, non-appealable order. See Cardiothoracic and Vascular Surgery, P.A. v. W. Fla. Reg'l Med. Ctr., 993 So. 2d 1060 (Fla. 1st DCA 2008); Libman v. Fla. Wellness & Rehab. Ctr., Inc., 260 So. 3d 515 (Fla. 3d DCA 2018).
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| Docket Date |
2022-11-30
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| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ OCTOBER 20, 2022 ORDER DESIGNATED IN NOTICE OF APPEAL
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| On Behalf Of |
BRANDSMART USA OF SOUTH DADE, INC.
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|
| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
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| Description |
AA TO FILE ORDER APPEALED (OR34) ~ Counsel for Appellant is ordered to file, within ten (10) days from the date of this Order, a conformed copy of the October 20, 2022 order designated in the Notice of Appeal. See Fla. R. App. P. 9.110(d).
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| Docket Date |
2022-11-22
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2022-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Fitness International, LLC
|
|
| Docket Date |
2022-11-22
|
| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
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FITNESS INTERNATIONAL, LLC VS VEREIT REAL ESTATE, L. P.
|
2D2022-3243
|
2022-10-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
21-CA-000074
|
Parties
| Name |
FITNESS INTERNATIONAL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MATTHEW R. CHAIT, ESQ., SEAN M. SMITH, ESQ., DANIEL E. NORDBY, ESQ
|
|
| Name |
VEREIT REAL ESTATE, L.P.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
KATHERINE E. ANDERSON SANCHEZ, ESQ., JENNY N. PERKINS, ESQ., CRAIG SOLOMON GANZ, ESQ., RONALD COHN, ESQ.
|
|
| Name |
HON. CAROLINE TESCHE ARKIN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant and Appellee have filed motions for appellate attorney's fees under Florida Rule of Appellate Procedure 9.400 and section 22.7 of the underlying lease agreement. Appellee's motion is granted in an amount to be determined by the trial court. Appellant's motion is denied.
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| Docket Date |
2023-10-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-09-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2023-08-22
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2023-07-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-WITHDRAW AS COUNSEL ~ The motion of Attorney Michael L. Schuster to withdraw as counsel for the Appellee is granted, and Attorney Schuster is relieved of further appellate responsibilities.
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|
| Docket Date |
2023-07-19
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2023-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2023-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ (Fourth) Notice of Supplemental Authority VEREIT Real Estate, L.P.
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2022-10-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2022-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2022-10-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ (Third) Notice of Supplemental Authority VEREIT Real Estate, L.P.
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2023-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ (Second) Notice of Supplemental Authority VEREIT Real Estate, L.P.
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2023-05-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Deny Consolidation-75d ~ Appellant's motion to consolidate with case no. 2D22-1182 is denied.
|
|
| Docket Date |
2023-04-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2023-04-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2023-04-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLEE'S MOTION FORAPPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2023-04-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ MOTION TO CONSOLIDATE APPEALSFOR TRAVEL AND PANEL ASSIGNMENT
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2023-04-28
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2023-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2023-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 21 - RB DUE 04/28/2023
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2023-03-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ARKIN - 928 PAGES - REDACTED
|
|
| Docket Date |
2023-03-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2023-03-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2023-03-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2023-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-GRANTING CONSOLIDATION ~ Appellant's motion to consolidate is granted. The above cases are consolidated for appeal for all purposes. All electronic filings in these consolidated cases shall be filed using the earliest case number.
|
|
| Docket Date |
2023-02-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 79 PAGES - REDACTED
|
|
| Docket Date |
2023-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall makearrangements within three days with the clerk of the lower tribunal for thesupplementation of the record with the items mentioned in the motion, with thesupplemental record to be filed in this court within twenty-five days from the date of thisorder.
|
|
| Docket Date |
2023-02-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2023-02-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2023-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 17 - IB DUE 02/06/2023
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2023-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15 - IB DUE 01/20/2023
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2022-12-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TESCHE - 813 PAGES REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 1/5/23
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2022-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ Attorney Ganz's motion to appear as a foreign attorney is granted. All parties must serve sponsoring Florida attorney Michael L. Schuster with all submissions when serving foreign attorney Craig Solomon Ganz with documents.
|
|
| Docket Date |
2022-10-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Leave To Appear as Foreign Counsel ~ Katherine E. Anderson
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2022-10-11
|
| Type |
Order
|
| Subtype |
Order re Counsel
|
| Description |
Order on Foreign Attorney ~ Within twenty days from the date of this order, Attorneys Craig Solomon Ganz and Katherine E. Anderson Sanchez shall move to appear in this court pro hac vice pursuant to Florida Rule of General Practice and Judicial Administration 2.510 or the attorney will be removed from this proceeding.
|
|
| Docket Date |
2022-10-31
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
Pro Hac Vice Fee Paid through Portal ~ Katherine E. Anderson
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2022-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VEREIT REAL ESTATE, L. P.
|
|
| Docket Date |
2022-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FITNESS INTERNATIONAL, LLC
|
|
| Docket Date |
2023-06-01
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, AUGUST 22, 2023, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Matthew C. Lucas, Judge Susan H. Rothstein-Youakim. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2022-10-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
VEREIT REAL ESTATE, L.P., VS FITNESS INTERNATIONAL, LLC,
|
3D2022-1273
|
2022-07-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-27207
|
Parties
| Name |
VEREIT REAL ESTATE, L.P.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MICHAEL L. SCHUSTER, KATHERINE E. ANDERSON
|
|
| Name |
FITNESS INTERNATIONAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SEAN M. SMITH, Daniel E. Nordby, MATTHEW R. CHAIT
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellant’s Motion for Appellate Attorney’s Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount. Appellee’s Motion for Appellate Attorney’s Fees is hereby denied.
|
|
| Docket Date |
2023-05-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ Reversed and remanded with instructions.
|
|
| Docket Date |
2023-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2023-04-18
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2023-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ (Third) Notice of Supplemental Authority VEREIT Real Estate, L.P.
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2023-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2023-03-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2023-03-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Live OA ~ The above-styled cause will be set for oral argument on TUESDAY, APRIL 18, 2023, at 9:30 A.M., in person, at the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.The parties will be allowed FIFTEEN (15) MINUTES per side to present their arguments. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Each of the attorneys who will argue must return a Notice of Acknowledgment, attached hereto, within three (3) days of this Notice. The Notice has instructions for return.If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
| Docket Date |
2023-02-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ Katherine Anderson Notice of Acknowledgment
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
| On Behalf Of |
Fitness International, LLC
|
|
| Docket Date |
2023-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Pro hac vice motion granted (OG45) ~ Upon consideration, Katherine E. Anderson, Esquire's Verified Motion to Appear Pro Hac Vice on behalf of Appellant is hereby granted as stated in the Motion. Katherine E. Anderson, Esquire, shall pay the required one hundred ($100.00) dollar fee within ten (10) days from the date of this Order.
|
|
| Docket Date |
2023-02-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
MO36A Motion to Appear Pro Hac Vice ~ VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2023-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument during the week of April 17, 2023, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue. Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. Counsel is cautioned that failure to timely respond to this Order will result in the case being set for in-person oral argument.PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
| Docket Date |
2023-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ Notice of Supplemental Authority
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2023-01-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Fitness International, LLC
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2022-12-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
| View |
View File
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2022-12-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2022-11-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Fitness International, LLC
|
|
| Docket Date |
2022-11-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Fitness International, LLC
|
| View |
View File
|
|
| Docket Date |
2022-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Fitness International, LLC
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 Days to 11/30/2022
|
|
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Fitness International, LLC
|
|
| Docket Date |
2022-09-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
| View |
View File
|
|
| Docket Date |
2022-09-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
| View |
View File
|
|
| Docket Date |
2022-09-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CERTIFICATE OF SERVICE
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2022-08-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2022-07-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2022-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Incomplete certificate of service in NOA.
|
| On Behalf Of |
VEREIT REAL ESTATE, L.P.
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2022-07-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
