Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2014-3112 CACE
|
Parties
Name |
PRESIDENTIAL CAR SERVICE LIMITED, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
HELEN M. CARDONA
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JOSE A. CARDONA
|
Role |
Appellant
|
Status |
Active
|
Representations |
THOMAS A. SINGER, DAVID R. HOWLAND, GLADYS A. CARDENAS, BARRY SNYDER
|
|
Name |
ALEJANDRA MONTIEL
|
Role |
Appellee
|
Status |
Active
|
|
Name |
RICHARD CATLETT
|
Role |
Appellee
|
Status |
Active
|
Representations |
ERVIN A. GONZALEZ, ADRIANA Patricia SANTIESTEBAN, SUSAN STANFILL CARLSON, BARRY SNYDER, JULIO E. MUNOZ
|
|
Name |
MARIA GONZALEZ, INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. William W. Haury, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-06-23
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ ORDERED that this court's June 6, 2017 order of dismissal is vacated and it is ORDERED that this case is dismissed in its entirety.
|
|
Docket Date |
2017-06-23
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2017-06-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
JOSE A. CARDONA
|
|
Docket Date |
2017-06-15
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellant to File Response ~ Upon consideration of the notices of voluntary dismissal filed on June 2, June 9, and June 12, 2017, appellants are ORDERED to file a response within five (5) days clarifying whether this case is dismissed in its entirety, or whether the appeal is still pending as between any parties, and if so, which appellants and appellees remain.
|
|
Docket Date |
2017-06-12
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ AS TO ALEJANDRA MONTIEL.
|
On Behalf Of |
JOSE A. CARDONA
|
|
Docket Date |
2017-06-09
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ AS TO RICHARD CATLETT.
|
On Behalf Of |
JOSE A. CARDONA
|
|
Docket Date |
2017-06-06
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ **VACATED**Pursuant to the June 2, 2017 notice of voluntary dismissal, this case is dismissed.
|
|
Docket Date |
2017-06-06
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ **VACATED 6/23/17**
|
|
Docket Date |
2017-06-02
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
JOSE A. CARDONA
|
|
Docket Date |
2017-05-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's May 19, 2017 motion for extension of time is granted, and appellant shall serve the jurisdictional statement on or before June 2, 2017. In addition, if the jurisdictional statement 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.
|
|
Docket Date |
2017-05-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ **AMENDED MOTION FILED** TO FILE STATEMENT FOR BASIS OF JURISDICTION.
|
On Behalf Of |
JOSE A. CARDONA
|
|
Docket Date |
2017-05-18
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE.
|
|
Docket Date |
2017-05-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellants' May 5, 2017 motion for extension is granted and the time to file the statement for basis of jurisdiction is extended to May 19, 2017.
|
|
Docket Date |
2017-05-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ (TO FILE STATEMENT FOR BASIS OF JURISDICTION)
|
On Behalf Of |
JOSE A. CARDONA
|
|
Docket Date |
2017-04-28
|
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 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 order is appealable under Florida Rule of Appellate Procedure 9.110(k); specifically, whether any parties have been completely eliminated from the case; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2017-04-28
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-04-27
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JOSE A. CARDONA
|
|
Docket Date |
2017-04-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2014 003112 CACE 13
|
Parties
Name |
JOSE A. CARDONA
|
Role |
Appellant
|
Status |
Active
|
Representations |
THOMAS A. SINGER, GLADYS A. CARDENAS
|
|
Name |
HELEN M. CARDONA
|
Role |
Appellant
|
Status |
Active
|
|
Name |
RICHARD CATLETT
|
Role |
Appellee
|
Status |
Active
|
Representations |
DAVID R. HOWLAND, ADRIANA P. STEINER, NEIL M. GONZALEZ, SUSAN STANFILL CARLSON, William Allen Bonner, JULIO E. MUNOZ, BARRY SYNDER, ERVIN A. GONZALEZ
|
|
Name |
ALEJANDRA MONTIEL
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PRESIDENTIAL CAR SERVICE LIMITED, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MARIA GONZALEZ, INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. William W. Haury, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-12-22
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissal ~ Upon consideration of the parties’ responses to this court’s October 25, 2016 jurisdictional order, this court finds that the order striking the cross-claims of Helen and Jose Cardona lacks the requisite language of finality, in that it merely strikes the claims without actually dismissing them or entering judgment against Helen and Jose Cardona. Moreover, the order is not appealable as to Jose Cardona, because he has not been completely eliminated from the case, and the court finds that the remaining main claim against him is interrelated with his stricken cross-claim. Accordingly, this appeal is dismissed without prejudice to Helen Cardona to appeal from a final judgment against her or an order dismissing her cross-claims. As to Jose Cardona, this appeal is dismissed without prejudice to appeal from a final judgment against him or an order dismissing his cross-claims, after all pending claims by and against Jose Cardona have been adjudicated and a final order or judgment has been entered thereon. Fla. R. App. P. 9.110(k).WARNER, CONNER and KLINGENSMITH, JJ., concur.
|
|
Docket Date |
2016-12-22
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2016-12-13
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
RICHARD CATLETT
|
|
Docket Date |
2016-12-13
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANTS' JURISDICTIONAL BRIEF.
|
On Behalf Of |
RICHARD CATLETT
|
|
Docket Date |
2016-12-12
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellee shall file a response to appellants' jurisdictional brief within five (5) days from the date of this order.
|
|
Docket Date |
2016-11-21
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
JOSE A. CARDONA
|
|
Docket Date |
2016-11-07
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
ORD-Amended Order ~ ORDERED that this court's November 7, 2016 order is amended as follows: ORDERED that appellants' November 3, 2016 motion for extension of time is granted in part, and appellant shall serve the statement for basis of jurisdiction within fifteen (15) days of the date of this order; further,ORDERED that the November 3, 2016 notice of unavailability filed by Thomas A. Singer is stricken as unauthorized; further,ORDERED that the November 3, 2016 notice of unavailability filed by Gladys A.Cardenas is stricken as unauthorized.
|
|
Docket Date |
2016-11-03
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ **STRICKEN**OF UNAVAILABILITY (THOMAS SINGER)
|
On Behalf Of |
JOSE A. CARDONA
|
|
Docket Date |
2016-11-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE BRIEF STATEMENT.
|
On Behalf Of |
JOSE A. CARDONA
|
|
Docket Date |
2016-10-27
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
RICHARD CATLETT
|
|
Docket Date |
2016-10-25
|
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 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 order appealed is a final, appealable order, as no final judgment has been entered as to the portion of the order striking the cross claim, and further, it appears other claims remain pending. See S. L. T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla. 1974); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2016-10-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-10-21
|
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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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 circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2016-10-19
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-10-19
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JOSE A. CARDONA
|
|
|