| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE20-033290
|
Parties
| Name |
Henry D. Izquierdo
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Martin David Berg
|
|
| Name |
Michelle A. Argueta Gomez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PINE CREST HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David M. Bauman
|
|
| Name |
Hon. Betsy Benson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, within ten (10) days from the date of this order, appellants shall file in this court a brief supplemental statement addressing whether appellants’ motion for new trial and/or rehearing was timely filed as to the May 17, 2022 judgment. Appellants shall attach a copy of such motion to appellants’ statement reflecting the date and time it was filed in the lower court. Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-09-01
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-12
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Henry D. Izquierdo
|
|
| Docket Date |
2022-08-12
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellants' August 12, 2022 jurisdictional brief and September 23, 2022 supplemental statement, the above-styled appeal is dismissed for lack of jurisdiction. Fla. R. App. P. 9.020(h)(1)(A), (2), 9.110(b); Daytona Migi Corp. v. Daytona Auto. Fiberglass Inc., 417 So. 2d 272 (Fla. 5th DCA 1982).KLINGENSMITH, C.J., GERBER and LEVINE, JJ., concur.
|
|
| Docket Date |
2022-10-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-10-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-09-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ *SUPPLEMENTAL STATEMENT*
|
| On Behalf Of |
Henry D. Izquierdo
|
|
| Docket Date |
2022-08-02
|
| 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 whether a timely motion tolling rendition was filed directed towards the May 17, 2022 judgment; and if not, whether the June 24, 2022 amended final judgment materially modifies the May 17, 2022 judgment. See Fla. R. App. P. 9.020(h)(1); Maxfly Aviation Inc. v. Cap. Airlines Ltd., 843 So. 2d 973 (Fla. 4th DCA 2003); Daytona Migi Corp. v. Daytona Auto. Fiberglass Inc., 417 So. 2d 272, 274 (Fla. 5th DCA 1982) ("[T]he amendment or modification of an order in an immaterial way does not delay the time for seeking review."). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-08-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Henry D. Izquierdo
|
|
| Docket Date |
2022-07-26
|
| 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.
|
|
| Docket Date |
2022-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Henry D. Izquierdo
|
|
|
