| Docket Date |
2023-03-21
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that, upon consideration of David A. Strauss, Esquire’s motion to withdraw filed February 24, 2023, this court's February 2, 2023 order to show cause is discharged. Further,ORDERED that the motion of David A. Strauss, Esquire for leave to withdraw as counsel for appellant Eastern Elevator Service, Inc. is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc'ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Accordingly, it isORDERED that the appeal or cross appeal on behalf of appellant shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. Further,ORDERED that this case is stayed pending the above.
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|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED***ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2022-12-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Eastern Elevator Service, Inc.
|
|
| Docket Date |
2022-12-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's November 30, 2022 notice of filing is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b) and as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). An amended document in compliance with the Rules shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2022-11-18
|
| 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 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 |
2022-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER DENYING MOTION FOR NEW TRIAL, JURY VERDICT AND FINAL JUDGMENT
|
| On Behalf Of |
Eastern Elevator Service, Inc.
|
|
| Docket Date |
2023-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Kone, Inc.
|
|
| Docket Date |
2023-04-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court's March 21, 2023 order. Further,ORDERED that appellee’s April 14, 2023 amended notice of appellant’s non-compliance and request for dismissal is determined to be moot.
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|
| Docket Date |
2023-04-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
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|
| Docket Date |
2023-04-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ AMENDED
|
| On Behalf Of |
Kone, Inc.
|
|
| Docket Date |
2023-04-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s April 12, 2023 amended motion to dismiss is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2023-04-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ **AMENDED** Stricken**
|
| On Behalf Of |
Kone, Inc.
|
|
| Docket Date |
2023-02-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ AMENDED
|
| On Behalf Of |
Eastern Elevator Service, Inc.
|
|
| Docket Date |
2023-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ ORDERED that David A. Strauss' February 13, 2023 motion to withdraw as counsel is denied for failure to comply with Florida Rule of Appellate Procedure 9.440(d).
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|
| Docket Date |
2023-02-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Eastern Elevator Service, Inc.
|
|
| Docket Date |
2022-12-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 497 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ **STRICKEN**
|
| On Behalf Of |
Eastern Elevator Service, Inc.
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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|
| Docket Date |
2022-11-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Eastern Elevator Service, Inc.
|
|
| Docket Date |
2022-11-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
