Alba Duque, Petitioner(s) v. Chabad at the Civic Center, Inc., Respondent(s)
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SC2024-1684
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2024-11-25
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Closed
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Classification |
Discretionary Review - Notice to Invoke - Statutory Validity
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Court |
Supreme Court of Florida
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Originating Court |
4th District Court of Appeal
4D2024-0058;
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Parties
Name |
Alba Duque
|
Role |
Petitioner
|
Status |
Active
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|
Name |
CHABAD AT THE CIVIC CENTER, INC.
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Role |
Respondent
|
Status |
Active
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Representations |
Daniel Gielchinsky, Heidi Bassett
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|
Name |
William W Haury, Jr.
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Role |
Judge/Judicial Officer
|
Status |
Active
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|
Name |
4DCA Clerk
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Role |
Lower Tribunal Clerk
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Status |
Active
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Name |
Broward Clerk
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2024-11-26
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Type |
Disposition (SC)
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Subtype |
Rev/Appeal Dism No Juris Omnibus
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Description |
Petitioner's Notice to Invoke Discretionary Jurisdiction, seeking review of the order or opinion issued by the 4th District Court of Appeal on October 24, 2024, is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).
No motion for rehearing or reinstatement will be entertained by the Court.
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View |
View File
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Docket Date |
2024-11-25
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Type |
Notice
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Subtype |
Invoke Discretionary Jurisdiction
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Description |
Notice to Invoke Discretionary Jurisdiction (Certified Copy)
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On Behalf Of |
Alba Duque
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View |
View File
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RAFAEL DIAZ, Appellant(s) v. CHABAD AT THE CIVIC CENTER, INC., Appellee(s).
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4D2024-0431
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2024-02-20
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Closed
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Classification |
Original Proceedings - County Civil - Prohibition
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Court |
4th District Court of Appeal
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Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE23090440
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Parties
Name |
RAFAEL DIAZ, INC.
|
Role |
Petitioner
|
Status |
Active
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|
Name |
CHABAD AT THE CIVIC CENTER, INC.
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Role |
Respondent
|
Status |
Active
|
Representations |
Roy Lewis Weinfeld, Heidi Bassett
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|
Name |
Hon. Robert W. Lee
|
Role |
Judge/Judicial Officer
|
Status |
Active
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|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
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Docket Entries
Docket Date |
2024-07-01
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Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
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Description |
Return Mail for Rafael Diaz -- Not Deliverable
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Docket Date |
2024-06-13
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Type |
Disposition by Order
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Subtype |
Denied
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Description |
Denied
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View |
View File
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Docket Date |
2024-04-17
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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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On Behalf Of |
Chabad at the Civic Center, Inc.
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Docket Date |
2024-03-05
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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 |
2024-03-05
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Type |
Petition
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Subtype |
Petition Prohibition
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Description |
Petition Prohibition
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Docket Date |
2024-02-22
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Type |
Order
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Subtype |
Order
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Description |
ORDERED that the Notice of Appeal filed with the clerk of the lower tribunal is treated as a Petition for Writ of Prohibition. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
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View |
View File
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Docket Date |
2024-02-20
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Type |
Event
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Subtype |
Fee Satisfied
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Description |
Fee Satisfied
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Docket Date |
2024-02-20
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Type |
Letter
|
Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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View |
View File
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Docket Date |
2024-02-20
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Type |
Misc. Events
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Subtype |
Determination of Indigency/LT Order Insolvency
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Description |
Determination of Indigency/LT Order Insolvency
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Docket Date |
2024-02-20
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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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ALBA DUQUE, Appellant(s) v. CHABAD AT THE CIVIC CENTER, INC., Appellee(s).
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4D2024-0430
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2024-02-20
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Closed
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Classification |
NOA Final - County Civil - Other
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Court |
4th District Court of Appeal
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Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE23090440
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Parties
Name |
Alba Duque
|
Role |
Appellant
|
Status |
Active
|
|
Name |
CHABAD AT THE CIVIC CENTER, INC.
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Role |
Appellee
|
Status |
Active
|
Representations |
Roy Lewis Weinfeld, Daniel Gielchinsky, Heidi Bassett
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|
Name |
Sandra Duque
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Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Robert W. Lee
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
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Docket Entries
Docket Date |
2024-07-01
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Return Mail for Alba Duque
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|
Docket Date |
2024-06-07
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Type |
Misc. Events
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Subtype |
Miscellaneous Docket Entry
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Description |
Return Mail for Alba Duque -- Attempted Not Known
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Docket Date |
2024-05-24
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
Dismissed
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View |
View File
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Docket Date |
2024-05-08
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Type |
Order
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Subtype |
Show Cause for Brief or Record on Appeal
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Description |
Show Cause for Brief or Record on Appeal
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View |
View File
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Docket Date |
2024-04-17
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Type |
Notice
|
Subtype |
Notice of Appearance
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Description |
Notice of Appearance
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On Behalf Of |
Chabad at the Civic Center, Inc.
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Docket Date |
2024-04-05
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Record on Appeal -- 193 pages
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On Behalf Of |
Broward Clerk
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Docket Date |
2024-02-26
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Type |
Motions Other
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Subtype |
Request for Emergency Treatment
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Description |
Request for Emergency Treatment
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Docket Date |
2024-02-20
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Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-02-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-02-20
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Type |
Misc. Events
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Subtype |
Determination of Indigency/LT Order Insolvency
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Description |
Determination of Indigency/LT Order Insolvency
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Docket Date |
2024-02-20
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Type |
Notice
|
Subtype |
Notice of Appeal
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Description |
Notice of Appeal
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Docket Date |
2024-02-26
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Type |
Order
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Subtype |
Order on Request for Emergency Treatment
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Description |
ORDERED that the appellant's February 26, 2024 request for emergency treatment is denied, as no motion for review of the trial court's order denying a stay has been filed. See Fla. R. App. P. 9.310(f). If a motion for review is filed, then the court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); Rsrv. at Wedgefield Homeowners' v. Dixon, 948 So. 2d 65, 67-68 (Fla. 5th DCA 2007) (holding that the threat of potential loss of property does not constitute irreparable harm); B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award).
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View |
View File
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RAFAEL DIAZ, Appellant(s) v. CHABAD AT THE CIVIC CENTER, INC., Appellee(s).
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4D2024-0223
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2024-01-24
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Closed
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Classification |
Original Proceedings - Circuit Civil - Prohibition
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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
COCE23090440
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Parties
Name |
RAFAEL DIAZ, INC.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Hon. Robert W. Lee
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
CHABAD AT THE CIVIC CENTER, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Roy Lewis Weinfeld, Daniel Gielchinsky
|
|
Docket Entries
Docket Date |
2024-02-15
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Type |
Record
|
Subtype |
Appendix to Petition
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Description |
Appendix to Petition
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Docket Date |
2024-02-15
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Type |
Petition
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Subtype |
Petition Prohibition
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Description |
Petition Prohibition
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Docket Date |
2024-02-13
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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View |
View File
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Docket Date |
2024-02-06
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Type |
Order
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Subtype |
Order
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Description |
Order
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View |
View File
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Docket Date |
2024-02-02
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Type |
Misc. Events
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Subtype |
Miscellaneous Trial Court Order
|
Description |
Order Denying Motion To Disqualify of Defendant Rafael Diaz
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On Behalf Of |
Broward Clerk
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Docket Date |
2024-01-25
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Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Document
|
|
Docket Date |
2024-01-25
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
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View |
View File
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Docket Date |
2024-01-25
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Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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View |
View File
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Docket Date |
2024-01-24
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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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SANDRA DUQUE, Appellant(s) v. CHABAD AT THE CIVIC CENTER, INC., Appellee(s).
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4D2024-0109
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2024-01-11
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Closed
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Classification |
NOA Final - County Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE23090440
|
Parties
Name |
Hon. Robert W. Lee
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Sandra Duque
|
Role |
Appellant
|
Status |
Active
|
|
Name |
CHABAD AT THE CIVIC CENTER, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Roy Lewis Weinfeld, Heidi Bassett
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-02-16
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED that, upon consideration of appellant's January 26, 2024 jurisdictional brief and appellee's February 5, 2024 response, this appeal is dismissed for lack of jurisdiction. See Insignia Homes, Inc. v. Hinden, 675 So. 2d 673, 674 (Fla. 4th DCA 1996) ("An order denying a motion to dismiss is a nonappealable, nonfinal order.").
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View |
View File
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Docket Date |
2024-02-05
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Type |
Response
|
Subtype |
Response
|
Description |
Response to Jurisdictional Statement
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On Behalf Of |
Chabad at the Civic Center, Inc.
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|
Docket Date |
2024-01-27
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
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Description |
Jurisdictional Brief
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View |
View File
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Docket Date |
2024-01-16
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Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
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On Behalf Of |
Chabad at the Civic Center, Inc.
|
|
Docket Date |
2024-01-12
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Document
|
|
Docket Date |
2024-01-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2024-01-12
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
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View |
View File
|
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Docket Date |
2024-01-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
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Docket Date |
2024-01-16
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
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 January 9, 2024 "Order Denying Defendant's Motion to Dismiss" is a final or nonfinal appealable order, as it merely denies a motion to dismiss. See Fla. R. App. P. 9.110, 9.130; see also Insignia Homes, Inc. v. Hinden, 675 So. 2d 673, 674 (Fla. 4th DCA 1996) ("An order denying a motion to dismiss is a nonappealable, nonfinal order."); Williams v. Oken, 62 So. 3d 1129, 1134 (Fla. 2011) ("It is generally inappropriate to review a trial court's denial of a motion to dismiss."). 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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