| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA000378
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Parties
| Name |
LISA BROWN LLC.
|
| Role |
Appellant
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| Status |
Active
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| Representations |
Adam J. Richardson, Ronald Michael Zakarin, Philip M. Burlington
|
|
| Name |
Scott Brown
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Gilbert Dureland
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PALM ISLES III CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gregory M. Keyser
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
| Name |
PALM ISLES MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eduardo Enrique Dieppa, Richard Robert Chaves, Charles M-P George, Richard A. Dubi, Jonathan M. Midwall, Alyssa Tornberg, Kurt T. Koehler, Daniel A. Weber
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Docket Entries
| Docket Date |
2022-08-03
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of the appellants’ July 21, 2022 jurisdictional brief and the appellees’ July 26, 2022, and August 1, 2022 responses, this appeal is dismissed for lack of subject matter jurisdiction. See Burns v. Burns, 278 So. 3d 56 (Fla. 4th DCA 2019); Betts v. Fowelin, 203 So. 2d 630 (Fla. 4th DCA 1967).GROSS, CONNER and KUNTZ, JJ., concur.
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|
| Docket Date |
2022-08-03
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2022-08-01
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ PALM ISLES III CONDOMINIUM ASSOCIATION, INC.'S RESPONSE TO APPELLANTS' BRIEF STATEMENT OF JURISDICTION
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| On Behalf Of |
Palm Isles Master Association, Inc.
|
|
| Docket Date |
2022-07-29
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ July 22, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within fifteen (15) days from the date of disposal of the jurisdictional statement. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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|
| Docket Date |
2022-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
Palm Isles Master Association, Inc.
|
|
| Docket Date |
2022-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S JURISDICTIONAL BRIEFING
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| On Behalf Of |
Palm Isles Master Association, Inc.
|
|
| Docket Date |
2022-07-22
|
| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
Lisa Brown
|
|
| Docket Date |
2022-07-21
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| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
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| On Behalf Of |
Lisa Brown
|
|
| Docket Date |
2022-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
Grant Extension of Time ~ ORDERED that appellants' July 8, 2022 motion for extension of time is granted, and appellants shall comply with this court’s June 28, 2022 order within ten (10) days from the date of this order.
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|
| Docket Date |
2022-07-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Lisa Brown
|
|
| Docket Date |
2022-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
Palm Isles Master Association, Inc.
|
|
| Docket Date |
2022-06-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Lisa Brown
|
|
| Docket Date |
2022-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lisa Brown
|
|
| Docket Date |
2022-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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|
| Docket Date |
2022-06-28
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellants shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the May 25, 2022 order is an appealable final or nonfinal order, as it appears the order merely grants a motion for reconsideration; and whether the motion for reconsideration tolled rendition of the November 28, 2021 order. See Fla. R. App. P. 9.020(h); Doukas v. Doukas, 335 So. 3d 218, 219 (Fla. 1st DCA 2022) ("A motion for rehearing is not authorized as to a non-final order, so it does not toll the time for appeal.") (citing Lovelace v. Lovelace, 124 So. 3d 447 (Fla. 1st DCA 2013)); Seigler v. Bell, 148 So. 3d 473, 479 (Fla. 5th DCA 2014) (explaining an order which merely grants a motion for reconsideration is a nonappealable, nonfinal order). Further,Appellees may file a response within ten (10) days of service of that statement.
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|
| Docket Date |
2022-06-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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