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ENRIQUE ALVAREZ VS BANESCO, USA, et al.
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4D2021-1736
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2021-05-28
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Closed
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| Classification |
NOA Non Final - Circuit Civil - Other
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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
CACE21000594
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Parties
| Name |
Enrique Javier Alvarez
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Jonathan N. David
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|
| Name |
BANESCO USA
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jamie M. Epstein, Moises T. Grayson
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2021-06-16
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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 |
2021-06-16
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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 June 15, 2021 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2021-06-15
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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 |
Enrique Javier Alvarez
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|
| Docket Date |
2021-06-14
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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 |
Enrique Javier Alvarez
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|
| Docket Date |
2021-06-03
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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 April 28, 2021 "order denying defendant's amended motion to vacate clerk's default" is an appealable nonfinal order pursuant to Florida Rule of Appellate Procedure 9.130 as no default judgment has been entered. See Fascetti v. Fascetti, 795 So. 2d 1094, 1095 (Fla. 4th DCA 2001) (holding that clerk's defaults are not independently appealable and orders denying motions to vacate such defaults could only be challenged on plenary appeal of final judgment); cf Elliot v. Aurora Loan Services, LLC, 31 So. 3d 304(Fla. 4th DCA 2010) (reversing a default final judgment of foreclosure and an order denying appellant's motion to vacate the default); furtherAppellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2021-05-28
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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 |
2021-05-28
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2021-05-28
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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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| Docket Date |
2021-05-28
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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 |
Enrique Javier Alvarez
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|
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LAKE SUCCESS HOA MANAGEMENT LLC, VS BANESCO USA,
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3D2014-0140
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2014-01-21
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Closed
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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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
13-17447
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Parties
| Name |
LAKE SUCCESS HOA MANAGEMENT LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
JONATHAN KLINE
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|
| Name |
BANESCO USA
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| Role |
Appellee
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| Status |
Active
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| Representations |
I. Barry Blazberg
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|
| Name |
Hon. Gisela Cardonne Ely
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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 |
2014-03-21
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal ~ 1 volume.
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|
| Docket Date |
2014-03-14
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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 |
2014-03-14
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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 |
2014-03-14
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2014-03-14
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| Type |
Notice
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| Subtype |
Voluntary Dismissal
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| Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellant¿s notice of voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
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| Docket Date |
2014-03-12
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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 |
LAKE SUCCESS HOA MANAGEMENT
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| Docket Date |
2014-01-21
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ Acknowledgement of new case with attachments. ** The $300 filing fee is due immediately.
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| Docket Date |
2014-01-21
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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 |
Miami-Dade Clerk
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| Docket Date |
2014-01-21
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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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VISTA AL MAR CORP. VS BANESCO USA, ET AL.
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4D2013-3060
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2013-08-19
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Closed
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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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
13-002890 AW
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Parties
| Name |
VISTA AL MAR CORP.
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| Role |
Appellant
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| Status |
Active
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| Representations |
James A. Bonfiglio
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|
| Name |
JORGE BENACERRAF
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| Role |
Appellee
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| Status |
Active
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|
| Name |
BANESCO USA
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| Role |
Appellee
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| Status |
Active
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| Representations |
SCOTT H. SILVER
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|
| Name |
UNKNOWN TENANTS IN POSSESSION
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| Role |
Appellee
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| Status |
Active
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| Name |
THE EDGE CONDOMINIUM #1 ASSOC.
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| Role |
Appellee
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| Status |
Active
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| Name |
HON. DIANA LEWIS
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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 |
2013-12-06
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| Type |
Misc. Events
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| Subtype |
Case Closed
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| Description |
Case Closed (No Record)
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| Docket Date |
2013-11-01
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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 |
2013-11-01
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this appeal is dismissed.
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| Docket Date |
2013-10-30
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Motion For Stipulation of Dismissal
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| On Behalf Of |
VISTA AL MAR CORP
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| Docket Date |
2013-08-22
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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 |
2013-08-22
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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, 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. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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.
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| Docket Date |
2013-08-19
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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 |
VISTA AL MAR CORP
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| Docket Date |
2013-08-19
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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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