| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE08-013798 (14)
|
Parties
| Name |
Jerry A. Riggs, Sr.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Samuel Damon Lopez
|
|
| Name |
BERNARD GAINES INVESTMENT CONSULTANTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HOME FINANCIAL MANAGEMENT, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DIANNE MAGALDO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CABAL INVESTMENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GERALD BERNARD
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicole Moskowitz
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-04-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
ORD-Grant Rehearing on Interim Order ~ ORDERED that appellant's February 27, 2019 "motion for rehearing and reconsideration of the court's order of February 19, 2019 granting the appellees' motion for attorney's fees and to tax costs on appeal" is granted. The portion of this court's February 19, 2019 order granting the appellees' motion for award of attorney's fees and to tax costs on appeal is vacated. Further, ORDERED that appellees' February 4, 2019 motion for award of attorney's fees and to tax costs on appeal is denied.
|
|
| Docket Date |
2019-03-21
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellants' motion for rehearing and reconsideration.
|
|
| Docket Date |
2019-02-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ AND RECONSIDERATIONOF THE COURT'S ORDER OF FEBRUARY 19, 2019 GRANTING THEAPPELLEES' MOTION FOR ATTORNEY'S FEES AND TO TAX COSTSON APPEAL
|
| On Behalf Of |
Jerry A. Riggs, Sr.
|
|
| Docket Date |
2019-02-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ **The portion of this court's February 19, 2019 ordergranting the appellees' motion for award of attorney's fees and to tax costs on appeal isvacated. Further, ORDERED that appellees' February 4, 2019 motion for award of attorney'sfees and to tax costs on appeal is denied.**Upon consideration of appellant's February 5, 2019 response, it is ORDERED that appellees' February 4, 2019 motion for dismissal is granted, and the above-styled appeal is dismissed as untimely filed. The order on appeal was rendered December 12, 2018, the date that the "signed, written order [was] filed with the clerk of the lower tribunal." Fla. R. App. P. 9.020(h). The notice of appeal was not filed until January 14, 2019, over thirty days after the date of rendition. Fla. R. App. P. 9.130(b). The filing of a motion for rehearing does not toll the time to appeal a nonfinal order. Fla. R. App. P. 9.130(a)(5). Further, ORDERED that appellees' February 4, 2019 motion for award of attorney's fees and to tax costs on appeal is granted conditioned on the trial 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.MAY, CIKLIN and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2019-02-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
| On Behalf Of |
Jerry A. Riggs, Sr.
|
|
| Docket Date |
2019-02-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
Jerry A. Riggs, Sr.
|
|
| Docket Date |
2019-02-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
| On Behalf Of |
GERALD BERNARD
|
|
| Docket Date |
2019-02-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
GERALD BERNARD
|
|
| Docket Date |
2019-02-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Jerry A. Riggs, Sr.
|
|
| Docket Date |
2019-01-25
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Jerry A. Riggs, Sr.
|
|
| Docket Date |
2019-01-23
|
| 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 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 "order on defendant's verified objection to sale, 1.540 motion to set aside order dated March 7, 2018, and 1.540 motion to vacate order on plaintiff's motion for writ of execution" is an appealable order pursuant to Florida Rule of Appellate Procedure 9.130, as it is unclear what order the defendant moved to vacate and if that order is final. Fla. R. Civ. P. 1.540(b) (explaining that on motion, "the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding"); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-01-18
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ COPY OF ORDER APPEALED ATTACHED.
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-01-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-01-17
|
| 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 |
2019-01-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Jerry A. Riggs, Sr.
|
|
|
