| Docket Date |
2020-11-24
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that, having considered the response and reply to this court’s order to show cause, the petition is treated as seeking a writ of mandamus. The petition is granted. Petitioner has shown that the trial court has a clear ministerial duty to dismiss plaintiff’s action for lack of prosecution under Florida Rule of Civil Procedure 1.420(e). Lesinski v. S. Florida Water Mgmt. Dist., 226 So. 3d 964, 967 (Fla. 4th DCA 2017) (agreeing with CPI Mfg. Co. v. Industrias St. Jack's, S.A. De C.V., 870 So. 2d 89 (Fla. 3d DCA 2003), and holding that a mandatory dismissal under the rule cannot be vacated based on excusable neglect under rule 1.540).CIKLIN, CONNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2020-11-24
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2020-11-19
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Tzvi Steve Popack
|
|
| Docket Date |
2020-11-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Nicole Floyd
|
|
| Docket Date |
2020-11-04
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent’s October 30, 2020 unsolicited response to the petition is stricken. Within ten (10) days of this order, respondent shall file a response to the petition and show cause why the relief requested should not be granted. Respondent shall further address why the petition should not be treated as seeking a writ of mandamus to compel the trial court to comply with its mandatory duty to dismiss the underlying action under Florida Rule of Civil Procedure 1.420(e). See Lesinski v. S. Florida Water Mgmt. Dist., 226 So. 3d 964, 967 (Fla. 4th DCA 2017); CPI Mfg. Co. v. Industrias St. Jack's, S.A. De C.V., 870 So.2d 89 (Fla. 3d DCA 2003) (recognizing that the duty to dismiss under rule 1.420(e) is mandatory and the trial court has no discretion when dismissal is required by the plain terms of the rule). Petitioners may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2020-10-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Nicole Floyd
|
|
| Docket Date |
2020-10-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for 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 contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-10-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Tzvi Steve Popack
|
|
| Docket Date |
2020-10-19
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **STRICKEN**
|
| On Behalf Of |
Tzvi Steve Popack
|
|
| Docket Date |
2020-10-19
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Tzvi Steve Popack
|
|
| Docket Date |
2020-09-29
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ Upon consideration of the August 21, 2020 jurisdictional brief, it is ORDERED that the notice of appeal filed in the circuit court is treated as a petition for writ of certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
| Docket Date |
2020-08-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ CORRECTED
|
| On Behalf Of |
Tzvi Steve Popack
|
|
| Docket Date |
2020-08-21
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Tzvi Steve Popack
|
|
| Docket Date |
2020-08-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Tzvi Steve Popack
|
|
| Docket Date |
2020-08-18
|
| 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 how the order on appeal is an appealable nonfinal order under Florida Rule of Appellate Procedure 9.130; further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-08-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Tzvi Steve Popack
|
|
| Docket Date |
2020-08-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-08-17
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Tzvi Steve Popack
|
|
| Docket Date |
2020-08-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
