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ALLIANCE RECONSTRUCTION, LLC VS ANNETTE DAVIS, et al.
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4D2019-2541
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2019-08-09
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Closed
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|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-008519
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Parties
| Name |
ALLIANCE RECONSTRUCTION, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Bryan Dyer, David M. Tarlow
|
|
| Name |
AKAM ON-SITE, INC.
|
| Role |
Respondent
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| Status |
Active
|
|
| Name |
THE TIDES AT BRIDGESIDE SQUARE CONDO ASSOC., INC.
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| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ANNETTE DAVIS
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| Role |
Respondent
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| Status |
Active
|
| Representations |
Jordan Chusid, Mitchel Chusid, Seth R. Goldberg, LYNN F. GAMBINO, CRISTOBAL CASAL
|
|
| Name |
Hon. Michael A. Robinson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-09-19
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| Type |
Disposition
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| Subtype |
Granted
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| Description |
Granted - Order by Judge
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|
| Docket Date |
2019-09-19
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| Type |
Disposition by Order
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| Subtype |
Granted
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| Description |
Order-Original Proceeding Granted ~ ORDERED that, no response having been filed to this court’s order to show cause, and pursuant to this court’s ruling in 4D19-2360, the petition for writ of certiorari is granted, and the order allowing respondent to plead a claim for punitive damages is quashed. As in 4D19-2360, the trial court here similarly failed to make a determination as to whether respondent has established a reasonable evidentiary basis and made a reasonable evidentiary showing with respect to the level of culpability required for the recovery of punitive damages against petitioner. This matter is accordingly remanded for further proceedings consistent with this order.GERBER, FORST and KLINGENSMITH, JJ., concur.
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| Docket Date |
2019-09-10
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ OF ADOPTION OF REPLY FILED BY CO-APPELLEES
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| On Behalf Of |
ALLIANCE RECONSTRUCTION, LLC
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|
| Docket Date |
2019-08-21
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ (AMENDED)
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| On Behalf Of |
ALLIANCE RECONSTRUCTION, LLC
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|
| Docket Date |
2019-08-21
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
ORD-Writs Show Cause with Reply ~ ORDERED, on the Court’s own motion, that case numbers 4D19-2360 and 4D19-2541 are consolidated for purposes of resolution by the same panel. Within twenty (20) days of this order, respondent shall file a response to the petitions. Petitioners may file a reply within ten (10) days thereafter.
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| Docket Date |
2019-08-20
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner’s appendix to the writ of certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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| Docket Date |
2019-08-19
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed
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| On Behalf Of |
ALLIANCE RECONSTRUCTION, LLC
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|
| Docket Date |
2019-08-19
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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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| On Behalf Of |
ALLIANCE RECONSTRUCTION, LLC
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|
| Docket Date |
2019-08-14
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORD-Stricken ~ ORDERED that the petition for writ of certiorari filed August 9, 2019 is stricken. The appendix is not filed as a separate PDF document and is not properly formatted. Fla. R. App. P. 9.220(c). Within five (5) days of this order, Petitioner shall file a petition and a properly bookmarked and electronically formatted appendix that complies with the rules. Id.
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| Docket Date |
2019-08-12
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgment letter
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|
| Docket Date |
2019-08-09
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY*
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| On Behalf Of |
ALLIANCE RECONSTRUCTION, LLC
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|
| Docket Date |
2019-08-09
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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THE TIDES AT BRIDGESIDE SQUARE CONDO ASSOC., INC. and AKAM ON-SITE, INC. VS ANNETTE DAVIS, et al.
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4D2019-2360
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2019-07-25
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Closed
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|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
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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
CACE18-008519
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Parties
| Name |
THE TIDES AT BRIDGESIDE SQUARE CONDO ASSOC., INC.
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Diane H. Tutt
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|
| Name |
AKAM ON-SITE, INC.
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
ANNETTE DAVIS
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| Role |
Respondent
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| Status |
Active
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| Representations |
Mitchel Chusid, Jordan Chusid, David M. Tarlow, Robert I. Rubin, Jonathan Bloom
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|
| Name |
ALLIANCE RECONSTRUCTION, LLC
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| Role |
Respondent
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| Status |
Active
|
|
| Name |
Hon. Michael A. Robinson
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-09-12
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| Type |
Disposition by Order
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| Subtype |
Granted
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| Description |
Order-Original Proceeding Granted ~ ORDERED that, having considered the response to this Court’s order to show cause and Petitioner’s reply, the petition for writ of certiorari is granted, and the order allowing Respondent to plead a claim for punitive damages is quashed. “[A]n evaluation of the evidentiary showing required by section 768.72 does not contemplate the trial court simply accepting the allegations in a complaint or motion to amend as true.” Bistline v. Rogers, 215 So. 3d 607, 610 (Fla. 4th DCA 2017). Here, the trial court failed to to make a determination as to whether Respondent has established a reasonable evidentiary basis and made a reasonable evidentiary showing with respect to the level of culpability required for the recovery punitive damages against Petitioner. Id. at 611. This matter is accordingly remanded for further proceedings consistent with this order; further,ORDERED that petitioners’ September 5, 2019 request for oral argument is denied.GERBER, FORST and KLINGENSMITH, JJ., concur.
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| Docket Date |
2019-09-12
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| Type |
Disposition
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| Subtype |
Granted
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| Description |
Granted - Order by Judge
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|
| Docket Date |
2019-09-10
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ OF ADOPTION OF REPLY FILED BY CO-APPELLEES
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| On Behalf Of |
ANNETTE DAVIS
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| Docket Date |
2019-09-05
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
THE TIDES AT BRIDGESIDE SQUARE CONDO ASSOC., INC.
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| Docket Date |
2019-09-05
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| Type |
Response
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| Subtype |
Reply to Response
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| Description |
Reply to Response
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| On Behalf Of |
THE TIDES AT BRIDGESIDE SQUARE CONDO ASSOC., INC.
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| Docket Date |
2019-08-26
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
ANNETTE DAVIS
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| Docket Date |
2019-08-21
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| Type |
Order
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| Subtype |
Show Cause re Petition
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| Description |
ORD-Writs Show Cause with Reply ~ ORDERED, on the Court’s own motion, that case numbers 4D19-2360 and 4D19-2541 are consolidated for purposes of resolution by the same panel. Within twenty (20) days of this order, respondent shall file a response to the petitions. Petitioners may file a reply within ten (10) days thereafter.
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| Docket Date |
2019-08-15
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| Type |
Notice
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| Subtype |
Notice of Related Case or Issue
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| Description |
Notice of Similar Case Pending
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| On Behalf Of |
THE TIDES AT BRIDGESIDE SQUARE CONDO ASSOC., INC.
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| Docket Date |
2019-07-26
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
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|
| Docket Date |
2019-07-25
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| Type |
Record
|
| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY*
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| Docket Date |
2019-07-25
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY*
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| On Behalf Of |
THE TIDES AT BRIDGESIDE SQUARE CONDO ASSOC., INC.
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|
| Docket Date |
2019-07-25
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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|
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ANNA PEREKOTIY AND IVAN KAPITANOV, VS AKAM ON SITE, INC.
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3D2016-0159
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2016-01-20
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-10933
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Parties
| Name |
Ivan Kapitanov
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Anna V. Perekotiy
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| Role |
Appellant
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| Status |
Active
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| Name |
AKAM ON-SITE, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
MICHAEL W. GOMEZ
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|
| Name |
Hon. Lourdes Simon
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Miami-Dade Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2016-02-17
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, appellants¿ request for a refund of filing fee paid to this Court is hereby denied.
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| Docket Date |
2016-02-12
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Docket Entry
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| Description |
Miscellaneous Docket Entry ~ REQUEST FOR A REFUND OF FILING FEE PAID TO THIS COURT
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| On Behalf Of |
Anna V. Perekotiy
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| Docket Date |
2016-02-04
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp w/o mandate
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| Docket Date |
2016-02-04
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2016-02-04
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| Type |
Disposition by Opinion
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| Subtype |
Transferred
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| Description |
Transferred - Order by Judge ~ to the Circuit Court Appellate Division
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| Docket Date |
2016-02-04
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| Type |
Disposition by Order
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| Subtype |
Transferred
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| Description |
Transfer on Court's Own Motion (DC04B) ~ On the Court's own motion, this appeal is hereby transferred to the Circuit Court Appellate Division of the Eleventh Judicial Circuit for Miami-Dade County, Florida.
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| Docket Date |
2016-02-03
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Docket Entry
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| Description |
Miscellaneous Docket Entry ~ APPELLEE'S MEMORANDUM OF COURT JURISDICTION
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| On Behalf Of |
AKAM ON SITE, INC.
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| Docket Date |
2016-01-27
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| On Behalf Of |
Anna V. Perekotiy
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| Docket Date |
2016-01-25
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| Type |
Order
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| Subtype |
Show Cause Jurisdiction
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| Description |
Issue Rule-Lack of Jurisdiction (OR01B) ~ Inasmuch as no appeal to the district court applies from the judgment of the county court, the parties are ordered to show cause within ten (10) days from the date of this order why the appeal should not be dismissed for lack of jurisdiction.
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| Docket Date |
2016-01-20
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| Type |
Notice
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| Subtype |
Notice of Appeal Transmittal Form
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| Description |
Notice of Transmittal--NOA
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| On Behalf Of |
Anna V. Perekotiy
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|
| Docket Date |
2016-01-20
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2016-01-20
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
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