| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE13-027372 (25)
|
Parties
| Name |
MICHAEL CURRY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LA PLACIDA VILLAS, ASSOC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RUSSELL ROBBINS, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARISOL RODRIGUEZ BASULTO, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MIRZA, BASULTO & ROBBINS, LLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LA PLACIDA HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KATHERINE BRILEY, Olga Butkevich, Thomas Lee Hunker
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-02-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ Upon consideration of appellant’s January 7, 2019 jurisdictional brief and appellees’ January 17, 2019 response in opposition, it is ORDERED sua sponte that this appeal is dismissed without prejudice to refile once the circuit court has disposed of all remaining interrelated claims in the underlying case. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974) (holding that an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending); Koe v. Citizens Property Ins. Co., 225 So. 3d 983 (Fla. 3d DCA 2017) (holding that orders dismissing two claims do not amount to appealable partial final judgments under rule 9.110(k) because interrelated claims involving the same parties and underlying facts in both cases remain pending below). Further,ORDERED that appellees’ January 17, 2019 motion to dismiss is determined to be moot. Further,Upon consideration of appellant’s January 18, 2019 response in opposition and January 22, 2019 supplemental response, it is ORDERED that appellees’ January 18, 2019 amended motion for appellate attorney’s fees is granted conditioned on the circuit court determining that appellees are the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that appellant’s motion to strike, found in the January 18, 2019 response, is denied.GROSS, CONNER and FORST, JJ., concur.
|
|
| Docket Date |
2019-02-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-01-22
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-01-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***SUPPLEMENTAL***TO MOTION TO DISMISS
|
| On Behalf Of |
MICHAEL CURRY
|
|
| Docket Date |
2019-01-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO SUPPLEMENTAL RESPONSE
|
| On Behalf Of |
MICHAEL CURRY
|
|
| Docket Date |
2019-01-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ ***AMENDED***
|
| On Behalf Of |
LA PLACIDA HOMEOWNERS ASSOCIATION, INC.
|
|
| Docket Date |
2019-01-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS AND REPLY TO RESPONSE TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
MICHAEL CURRY
|
|
| Docket Date |
2019-01-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ ****DENIED AS MOOT SEE 2/13/19 ORDER.***FOR LACK OF JURISDICTION AND RESPONSE TO APPELLANT'S BASIS FOR APPEAL
|
| On Behalf Of |
LA PLACIDA HOMEOWNERS ASSOCIATION, INC.
|
|
| Docket Date |
2019-01-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ ***SEE AMENDED MOTION***
|
| On Behalf Of |
LA PLACIDA HOMEOWNERS ASSOCIATION, INC.
|
|
| Docket Date |
2019-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LA PLACIDA HOMEOWNERS ASSOCIATION, INC.
|
|
| Docket Date |
2019-01-07
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
|
| Docket Date |
2018-12-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2018-12-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MICHAEL CURRY
|
|
|
