| Classification |
NOA Final - Circuit Civil - Foreclosure
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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
502023CA009953XXX
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Parties
| Name |
SHINE RENTALS 5 LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Edward Michael Shahady
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|
| Name |
NORTHPOINTE HOMEOWNERS ASSOCIATION, INC., OF PALM BEACH COUNTY
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| Role |
Appellee
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| Status |
Active
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| Representations |
Ryan Michael Aboud
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|
| Name |
Hon. Luis Delgado, Jr.
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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 |
2024-09-04
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| Type |
Order
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| Subtype |
Order on Motion For Attorney's Fees
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| Description |
ORDERED that the appellee's July 18, 2024 motion for attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
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| View |
View File
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| Docket Date |
2024-08-13
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED that, upon consideration of Appellant's August 1, 2024 jurisdictional brief, and Appellee's August 8, 2024 response, this appeal is dismissed for lack of jurisdiction. See Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."); see also Fla. R. App. P. 9.110(k); Valledor Co. v. Decky, 338 So. 3d 956 (Fla. 3d DCA 2022) (a partial final judgment is only reviewable under Rule 9.110(k) if it "disposes of an entire case as to any party" or "disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims."). Further, ORDERED Appellee's July 18, 2024 motion to dismiss is denied as moot.
DAMOORGIAN, FORST and KUNTZ, JJ., concur.
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| View |
View File
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| Docket Date |
2024-08-08
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE TO "A AMENDED RESPONSE TO COURT ORDER RE: SUBJECT MATTER JURISDICTION OF APPELLATE COURT"
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| Docket Date |
2024-08-02
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
***Amended*** Jurisdictional Brief
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| View |
View File
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| Docket Date |
2024-07-30
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORDERED that Appellant's July 29, 2024 "Response to Court Order Re: Subject Matter Jurisdiction of Appellate Court" 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.
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| View |
View File
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| Docket Date |
2024-07-30
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| View |
View File
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| Docket Date |
2024-07-24
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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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|
| Docket Date |
2024-07-19
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss
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|
| Docket Date |
2024-07-19
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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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| Docket Date |
2024-07-17
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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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| Docket Date |
2024-07-15
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal --**Certified Copy**
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| On Behalf Of |
Palm Beach Clerk
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|
| Docket Date |
2024-07-12
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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
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| Docket Date |
2024-07-12
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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|
| Docket Date |
2024-07-19
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
ORDERED that, within ten (10) days from the date of this order, Appellant 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. Appellant shall specifically address how the June 10, 2024 "Partial Summary Judgment of Foreclosure" is a final or nonfinal appealable order, as the order merely grants a motion for partial summary judgment, and does not enter judgment for or against a party. See Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."). Further, address how this is not a precluded piecemeal appeal, as the order merely grants a motion for summary judgment, and suggests that further judicial labor on the foreclosure claim is anticipated. See Fla. R. App. P. 9.110(k); see also Mendez v. W. Flagler Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974) ("We adhere to the rule that piecemeal appeals should not be permitted where claims are legally interrelated and in substance involve the same transaction."). Further,
Appellee may file a response within ten (10) days of service of that statement.
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| View |
View File
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| Docket Date |
2024-07-12
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
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 (2023), 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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