| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
14-CA-005208
|
Parties
| Name |
SOUTHGATE HOLDING, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JAMES A. STAACK, ESQ., Kristine M. Reighard, Esq.
|
|
| Name |
KAREN HARTE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOSHUA D. MIRON, ESQ., DERRICK MICHAEL VALKENBURG, ESQ.
|
|
| Name |
TIM DIEGO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HONORABLE THOMAS H. MINKOFF
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-05-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-04-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ ;remanded.
|
|
| Docket Date |
2018-01-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF CHANGE OF RESPONSIBLE ATTORNEY ON BEHALF OF APPELLEE KAREN K. HARTE AND DESIGNATION OF EMAIL ADDRESSES
|
| On Behalf Of |
KAREN HARTE
|
|
| Docket Date |
2017-11-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 8 PAGES
|
|
| Docket Date |
2017-10-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Southgate Holding, Inc.’s (Southgate) October 13, 2017, "notice of compliance with order to show cause" is noted. In light of the circuit court’s October 11, 2017, "order granting joint stipulation for dismissal without prejudice of counts II and VI against Southgate Holdings, Inc. and joint motion for entry of order of dismissing counts II and VI as to Southgate Holdings, Inc.," this premature appeal has matured and shall proceed as an appeal of a partial final judgment concluding judicial labor as to Southgate. Within three days of the date of this order, Southgate shall arrange with the clerk of the circuit court for supplementation of the record with (1) the "joint stipulation for dismissal without prejudice of counts II and VI against Southgate Holdings, Inc. and joint motion for entry of order of dismissing counts II and VI as to Southgate Holdings, Inc.," and (2) the circuit court’s October 11, 2017, "order granting joint stipulation for dismissal without prejudice of counts II and VI against Southgate Holdings, Inc. and joint motion for entry of order of dismissing counts II and VI as to Southgate Holdings, Inc." The clerk of the circuit court shall transmit the supplemental record to this court within twenty-five days of the date of this order.
|
|
| Docket Date |
2017-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANT'S NOTICE OF COMPLIANCE WITH ORDER TO SHOW CAUSE
|
| On Behalf Of |
SOUTHGATE HOLDING, INC.
|
|
| Docket Date |
2017-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ The parties’ September 18, 2017, “joint motion for enlargement of time” is granted as follows. If, within 30 days of the date of this order, Southgate Holdings, Inc., provides this court with an appealable final order as set forth in this court’s order of September 1, 2017, this appeal will mature and proceed to consideration. See Fla. R. App. P. 9.110(l). If Southgate fails to present an appealable order within 30 days of the date of this order, this appeal will be subject to dismissal without further notice. See id.
|
|
| Docket Date |
2017-09-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
SOUTHGATE HOLDING, INC.
|
|
| Docket Date |
2017-09-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Southgate Holding, Inc.'s June 7, 2017, response to the order to show cause and Karen Harte's June 22, 2017, reply are noted. This court acknowledges the general proposition that "[a] double recovery based on the same element of damages is prohibited." Montage Grp., Ltd. v. Athle-Tech Comput. Sys., Inc., 889 So. 2d 180, 199 (Fla. 2d DCA 2004). However, Harte moved for summary judgment on only count one, and the trial court in its July 29, 2016, order granted the motion for summary judgment on only count one, did not specifically mention counts two or six, and retained jurisdiction over all remaining counts of Harte's second amended complaint. Thus, we disagree with the parties' assertions that, as a result of the trial court granting Harte's motion for summary judgment on count one and entering an executable judgment in Harte's favor, "Southgate has effectively been removed from the action and requires no further judicial labor" (Harte's response, p.3), or that the trial court "effectively terminate[d] the judicial labor required of the trial court in this action as it relates to Southgate" (Southgate's response, p.4). A trial court does not implicitly dismiss a cause of action, even if pleaded as alternative grounds for relief, when it disposes of other grounds for relief and enters judgment pursuant to it. Absent an order specifically dismissing counts two and six as they pertain to Southgate, judicial labor still remains as to Southgate. This court, therefore, lacks jurisdiction to review the July 29, 2016, order as a partial final judgment as to Southgate under Florida Rule of Appellate Procedure 9.110(k).Instead, this court deems this a premature appeal of a partial final judgment. See Fla. R. App. P. 9.110(l). Accordingly, the trial court retains jurisdiction to mature this premature appeal by filing a signed, written order dismissing counts two and six as they pertain to Southgate only, if appropriate. See id. However, this court does not comment on whether dismissing Southgate from counts two and six would affect Harte's causes of action as they pertain to Windgate Global, LLC, and Tim Diego on count two and to Diego on count six.Should Southgate provide this court with an appealable final order within 20 days of the date of this order, this appeal will mature and proceed to consideration. See id. If Southgate fails to present an appealable order within that time frame, this appeal will be subject to dismissal without further notice. See id.
|
|
| Docket Date |
2017-06-22
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
KAREN HARTE
|
|
| Docket Date |
2017-06-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
SOUTHGATE HOLDING, INC.
|
|
| Docket Date |
2017-05-23
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ The July 29, 2016, order on appeal grants summary judgment only on count one of Karen Harte's second amended complaint, awards Harte damages, and permits execution against Southgate Holding, Inc. The order, however, did not dispose of counts two and six, which Harte also brought against Southgate and which appear to be interrelated with count one. See E. Ave., LLC v. Insignia Bank, 136 So. 3d 659, 661 (Fla. 2d DCA 2014) (citing S.L.T. Warehouse v. Webb, 304 So. 2d 97 (Fla. 1974)). Normally, such a grant of summary judgment would be a nonfinal, nonappealable order reviewable via certiorari to the extent that it authorizes execution while interrelated claims remain pending, see id. at 664, but motions for rehearing and reconsideration of nonfinal orders are unauthorized and do not toll rendition or, in turn, the time for filing a petition for certiorari, see Fla. R. App. P. 9.020(i); Caulfield v. Cantele, 837 So. 2d 371, 376 n.3 (Fla. 2002); Bello v. Deutsche Bank, 208 So. 3d 705 (Fla. 2d DCA 2015). Thus, even if this court were to convert this appeal to a certiorari proceeding, see Fla. R. App. P. 9.040(d), it appears that the November 17, 2016, notice of appeal would have been untimely to invoke our certiorari jurisdiction to review the June 29, 2016, order, see Fla. R. App. P. 9.100(c)(1) (petition for certiorari must be filed within 30 days of rendition).Accordingly, within 15 days of the date of this order, Southgate shall show cause why case number 2D16-5046 should not be dismissed for lack of jurisdiction. Within 15 days of the date that Southgate files its response to this order, Harte shall file a reply to Southgate's response.
|
|
| Docket Date |
2017-04-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
SOUTHGATE HOLDING, INC.
|
|
| Docket Date |
2017-03-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
KAREN HARTE
|
|
| Docket Date |
2017-02-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MINKOFF - 335 PAGES
|
|
| Docket Date |
2017-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 28-AB DUE 03/15/17
|
| On Behalf Of |
KAREN HARTE
|
|
| Docket Date |
2017-01-26
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
SOUTHGATE HOLDING, INC.
|
|
| Docket Date |
2017-01-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
SOUTHGATE HOLDING, INC.
|
|
| Docket Date |
2016-11-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2016-11-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-11-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2016-11-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SOUTHGATE HOLDING, INC.
|
|
|
