| Docket Date |
2024-08-06
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
ORDERED that Appellant's June 17, 2024 motion for rehearing is denied.
WARNER, CONNER and ARTAU, JJ., concur.
WARNER, J., concurring.
I concur in the denial of rehearing. The appealed order is is not a final order, as it requires a final judgment of foreclosure and further modification of the amount of the claim of lien, nor is it a partial final judgment. See Fla. R. App.P. 9.110(k) ("A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims."); see also S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (holding that a partial final judgment is only immediately appealable if it "adjudicates a distinct and severable cause of action, not interrelated with remaining claims pending in the trial court"). I would also note that because there is no final judgment, the trial court would have the ability to revisit the total amount of damages due to appellee, including attorneys' fees, in further proceedings below, and to distinguish between those attorneys fees which may be included as damages and those that may be assessed based upon the appellee being prevailing party.
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| View |
View File
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| Docket Date |
2023-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s July 11, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2023-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court’s May 24, 2023 order to show cause is discharged. Further, ORDERED that appellant’s May 30, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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 |
2023-02-07
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| 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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|
| Docket Date |
2024-06-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
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|
| Docket Date |
2024-06-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
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| View |
View File
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|
| Docket Date |
2024-01-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Amended Motion For Attorney's Fees
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|
| Docket Date |
2024-01-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that appellant's January 4, 2024 motion for attorney's fees is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
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| View |
View File
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|
| Docket Date |
2024-01-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
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|
| Docket Date |
2024-01-04
|
| Type |
Brief
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| Subtype |
Reply Brief
|
| Description |
Reply Brief
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| On Behalf Of |
Christian Akunna
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| View |
View File
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|
| Docket Date |
2023-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
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| Description |
ORDERED that appellee's December 21, 2023 motion to strike is denied. Further,
ORDERED that appellant's December 21, 2023 motion for extension of time to file the reply brief is denied. Appellant shall file the reply brief within ten (10) days from the date of this order. Failure to comply with this order will foreclose appellant's right to file a reply brief.
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| View |
View File
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| Docket Date |
2023-12-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
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|
| Docket Date |
2023-12-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Motion for Extension of Time to Serve Reply Brief
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|
| Docket Date |
2023-11-14
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| Type |
Record
|
| Subtype |
Appendix to Answer Brief
|
| Description |
Appendix to Answer Brief
|
| On Behalf Of |
Lennox Isle Association Inc.
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|
| Docket Date |
2023-11-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Lennox Isle Association Inc.
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| View |
View File
|
|
| Docket Date |
2023-11-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
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|
| Docket Date |
2023-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
Order on Motion To Dismiss
|
| View |
View File
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|
| Docket Date |
2023-10-12
|
| Type |
Response
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| Subtype |
Response
|
| Description |
Response to Appellee's Motion to Dismiss
|
| On Behalf Of |
Christian Akunna
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|
| Docket Date |
2023-10-04
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Appellant to File Response
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| View |
View File
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|
| Docket Date |
2023-09-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Lennox Isle Association Inc.
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|
| Docket Date |
2023-08-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Christian Akunna
|
|
| Docket Date |
2023-08-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Christian Akunna
|
|
| Docket Date |
2023-08-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
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| On Behalf Of |
Christian Akunna
|
|
| Docket Date |
2023-07-12
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Lennox Isle Association Inc.
|
|
| Docket Date |
2023-07-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Christian Akunna
|
|
| Docket Date |
2023-05-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Christian Akunna
|
|
| Docket Date |
2023-05-24
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2023-04-18
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Christian Akunna
|
|
| Docket Date |
2023-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant’s April 17, 2023 motion to supplement the record is granted, and the record is supplemented to include the transcript of the final hearing held on August 23, 2022 and August 24, 2022. Said supplemental record is deemed filed as of the date of this order.
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|
| Docket Date |
2023-04-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Christian Akunna
|
|
| Docket Date |
2023-03-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 630 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-02-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Christian Akunna
|
|
| Docket Date |
2023-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Christian Akunna
|
|
| Docket Date |
2023-02-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-02-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
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