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AARON COCUZZO and PRIORITY TOWING, INC. VS ANGEL ORTIZ
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4D2022-2151
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2022-08-09
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Closed
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| Classification |
NOA Final - County Small Claims - 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
502022SC004708
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Parties
| Name |
PRIORITY TOWING, INC
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| Role |
Appellant
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| Status |
Active
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| Name |
Aaron S. Cocuzzo
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| Role |
Appellant
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| Status |
Active
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| Representations |
Bernardo Protano
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|
| Name |
Angel Ortiz
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. James Sherman
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-08-17
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 16, 2022 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2022-08-17
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2022-08-16
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
Aaron S. Cocuzzo
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| Docket Date |
2022-08-12
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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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| On Behalf Of |
Aaron S. Cocuzzo
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| Docket Date |
2022-08-10
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
AA - File Statement for Basis of Jurisdiction ~ 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 whether the July 5, 2022 order is an appealable final or nonfinal order, as it appears the order grants plaintiff leave to amend its complaint which indicates further judicial labor is required; and if it is an appealable nonfinal order, how the notice of appeal was timely filed. See Fla. R. App. P. 9.130; Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."); Samara v. Tenet Fla. Physician Servs., LLC, 317 So. 3d 187, 189 (Fla. 3d DCA 2021) (explaining a motion for rehearing will not toll rendition of a nonfinal order). Further,Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2022-08-09
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Aaron S. Cocuzzo
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| Docket Date |
2022-08-09
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| Type |
Order
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| 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 |
2022-08-09
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
Misc. LT pleadings ~ Civil Cover Sheet
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| Docket Date |
2022-08-09
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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RKC LAND DEVELOPMENT INCORPORATED VS PRIORITY TOWING, INC.
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4D2021-2524
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2021-08-27
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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 Fifteenth Judicial Circuit, Palm Beach County
502020CC008393
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Parties
| Name |
RKC LAND DEVELOPMENT, INCORPORATED
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| Role |
Appellant
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| Status |
Active
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| Representations |
Thomas G Zeichman
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| Name |
PRIORITY TOWING, INC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Ferris George Solomon
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|
| Name |
Hon. John J. Parnofiello
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2021-10-15
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Docket Entry
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| Description |
Miscellaneous Entry/Document ~ Invoice voided
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| Docket Date |
2021-10-14
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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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| On Behalf Of |
RKC Land Development Incorporated
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| Docket Date |
2021-09-14
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| Docket Date |
2021-09-14
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2021-08-30
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
AA - File Statement for Basis of Jurisdiction ~ 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 June 22, 2021 order is a final appealable order, as the order of final judgment does not dispose of Count III of plaintiff's complaint, indicating further judicial labor is required. Further, orders denying summary judgment are not appealable orders. See National Assur. Underwriters, Inc. v. Kelley, 702 So. 2d 614 (Fla. 4th DCA 1997). Further,Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2021-08-27
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
RKC Land Development Incorporated
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| Docket Date |
2021-08-27
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
Misc. LT pleadings ~ **Civil Cover Sheet**
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| Docket Date |
2021-08-27
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2021-08-27
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| Type |
Order
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| 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, 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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