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JIMMY DESILUS, Appellant(s) v. JAMES KELGARD, et al., Appellee(s).
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4D2024-0268
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2024-01-29
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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
CACE15-019582
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Parties
| Name |
Jimmy Desilus
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| Role |
Appellant
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| Status |
Active
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| Representations |
Nadia Mary Metroka
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|
| Name |
Sheryl E. Kelgard
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| Role |
Appellee
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| Status |
Active
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| Representations |
Kansas R. Gooden, Lara Judith Edelstein
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|
| Name |
Sheryl E. Kelgard Revocable Trust
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Wyndi Baker
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Brent Dudley
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| Role |
Appellee
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| Status |
Active
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| Representations |
Elaine D. Walter, Yvette Rose Lavelle
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|
| Name |
SUNCOAST CONTRACTORS EMERGENCY SERVICE, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Broward Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
| Name |
James Kelgard
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jay Barry Green, Miriam R Merlo, John Hudson Richards, William Everett Peters, Jr.
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Docket Entries
| Docket Date |
2024-04-12
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| View |
View File
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| Docket Date |
2024-03-26
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that Appellant's March 22, 2024 motion for extension of time to pay the filing fee is denied without prejudice to filing a motion for reinstatement, along with the applicable filing fee.
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| View |
View File
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| Docket Date |
2024-03-22
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time to Pay Filing Fee
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| Docket Date |
2024-02-29
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Order on Motion for Extension of Time
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| View |
View File
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| Docket Date |
2024-02-27
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time to Pay Filing Fee
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| Docket Date |
2024-02-13
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Withdrawing Appeal
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| On Behalf Of |
Jimmy Desilus
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| Docket Date |
2024-02-10
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time to Pay Filing Fee
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| Docket Date |
2024-02-02
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Motion to Dismiss
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| On Behalf Of |
Sheryl E. Kelgard
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| Docket Date |
2024-02-02
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss
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| Docket Date |
2024-01-31
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Brent Dudley
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| Docket Date |
2024-01-30
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order on Filing Fee
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| View |
View File
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| Docket Date |
2024-01-30
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-01-29
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| Docket Date |
2024-02-15
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Dismissed
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| View |
View File
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JIMMY DESILUS VS JAMES KELGARD, et al.
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4D2022-0715
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2022-03-11
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Closed
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| Classification |
NOA 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
CACE15-019582 (25)
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Parties
| Name |
Jimmy Desilus
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| Role |
Appellant
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| Status |
Active
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| Representations |
Nadia M. Metroka
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| Name |
James Kelgard
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| Role |
Appellee
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| Status |
Active
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| Representations |
William E. Peters, Miriam R. Merlo, Kansas R. Gooden, Rand Ackerman, John Hudson Richards, Lara J. Edelstein
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| Name |
Sheryl E. Kelgard Revocable Trust
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| Role |
Appellee
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| Status |
Active
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| Name |
Brent Dudley
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| Role |
Appellee
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| Status |
Active
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| Name |
SUNCOAST CONTRACTORS EMERGENCY SERVICE, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
Sheryl E. Kelgard
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| Role |
Appellee
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| Status |
Active
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| Name |
Wyndi Baker
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| Role |
Appellee
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| Status |
Active
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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 |
2022-06-30
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's June 15, 2022 motion for rehearing is denied.
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| Docket Date |
2022-06-27
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO MOTION FOR REHEARING
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| On Behalf Of |
James Kelgard
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| Docket Date |
2022-06-16
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY
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| On Behalf Of |
Jimmy Desilus
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| Docket Date |
2022-06-16
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that Nadia Mary Metroka's June 16, 2022 notice of unavailability is stricken as unauthorized.
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| Docket Date |
2022-06-15
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion For Rehearing
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| On Behalf Of |
Jimmy Desilus
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| Docket Date |
2022-05-31
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Mot. for Extension of time to file Initial Brief ~ **DENIED, SEE 05/31/2022 ORDER**
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| On Behalf Of |
Jimmy Desilus
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| Docket Date |
2022-05-31
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed as Non-Appealable Order ~ ORDERED that, upon consideration of appellant's May 6, 2022 jurisdictional brief, the above-styled appeal is dismissed as it is directed at an unappealable, non-final order. See Fla. R. App. P. 9.130 (setting forth a limited number of non-final orders, which can be appealed as a matter of right); City of Tampa v. Addison, 979 So. 2d 246, 252 n.5 (Fla. 2d DCA 2007) (recognizing an order granting a motion in limine is a non-appealable, non-final order). Moreover, the appeal was untimely filed. Fla. R. App. P. 9.110(b); Samara v. Tenet Fla. Physician Servs., LLC, 317 So. 3d 187, 189 (Fla. 3d DCA 2021) ("[M]otions for rehearing are not authorized for non-final orders."). Further,ORDERED that appellees’ May 25, 2022 motion to dismiss and appellant’s May 31, 2022 motion for extension of time are denied as moot.WARNER, FORST and ARTAU, JJ., concur.
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| Docket Date |
2022-05-31
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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| Docket Date |
2022-05-25
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ TO MOTION TO DISMISS
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| On Behalf Of |
James Kelgard
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| Docket Date |
2022-05-25
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss ~ **DENIED, SEE 05/31/2022 ORDER**
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| On Behalf Of |
James Kelgard
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| Docket Date |
2022-05-20
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
James Kelgard
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| Docket Date |
2022-05-09
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time
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| On Behalf Of |
Jimmy Desilus
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| Docket Date |
2022-05-09
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 9, 2022 motion is treated as a motion for extension of time to file the initial brief and is granted. Appellant shall serve the initial brief within twenty (20) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2022-05-06
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| On Behalf Of |
Jimmy Desilus
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| Docket Date |
2022-04-25
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that appellant's March 28, 2022 motion to relinquish jurisdiction is denied. See McNulty v. BankUnited, 140 So. 3d 1041 (Fla. 3d DCA 2014). Further, Upon consideration of the February 4, 2022 order attached to appellant's motion, it is ORDERED that appellant shall file, within ten (10) days from the date of this order, 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 whether the notice of appeal was timely filed as to the February 4, 2022 order; and if it was, how the February 4, 2022 order is an appealable final or non-final order, as it appears the order merely grants a motion in limine. See Fla. R. App. P. 9.110(b), 9.130; City of Tampa v. Addison, 979 So. 2d 246, 252 n.5 (Fla. 2d DCA 2007) (recognizing an order granting a motion in limine is a non-appealable, non-final order). Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2022-04-20
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| Type |
Misc. Events
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| Subtype |
Affidavit
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| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2022-03-28
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| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
Motion To Relinquish Jurisdiction
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| On Behalf Of |
Jimmy Desilus
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| Docket Date |
2022-03-21
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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 |
Jimmy Desilus
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| Docket Date |
2022-03-11
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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 |
Jimmy Desilus
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| Docket Date |
2022-03-11
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| 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 |
2022-03-11
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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 |
2022-03-11
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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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JOHN RIES VS SUNCOAST CONTRACTORS EMERGENCY SERVICE, INC., et al.
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4D2021-3421
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2021-12-02
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Closed
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| Classification |
NOA Final - County Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CC007600
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Parties
| Name |
John Ries
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| Role |
Appellant
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| Status |
Active
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| Name |
Aida Ries
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| Role |
Appellee
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| Status |
Active
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| Name |
SUNCOAST CONTRACTORS EMERGENCY SERVICE, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jason D. Katz
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| Name |
Hon. Frank S. Castor
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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 |
2022-01-11
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of the appellee's December 29, 2021 response, this appeal is dismissed for lack of jurisdiction as an order striking a pleading is not an appealable non-final order and is reviewable on direct appeal after a final judgment has been entered. See Fla. R. App. P. 9.130(a)(3); Cohen v. DeYoung, 655 So. 2d 1265, 1266 (Fla. 5th DCA 1995).CONNER, C.J., FORST and KUNTZ, JJ., concur.
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| Docket Date |
2022-01-11
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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| Docket Date |
2021-12-29
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO APPELLANT'S JURISDICTIONAL BRIEF
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| On Behalf Of |
Suncoast Contractors Emergency Service, Inc.
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| Docket Date |
2021-12-28
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ December 27, 2021 response 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). 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 Rules 9.045 and 9.420(d) shall be filed within two (2) days from the date of this order.
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| Docket Date |
2021-12-27
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ **STRICKEN** TO APPELLANT'S JURISDICTIONAL BRIEF
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| On Behalf Of |
Suncoast Contractors Emergency Service, Inc.
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| Docket Date |
2021-12-16
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| On Behalf Of |
John Ries
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| Docket Date |
2021-12-06
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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 November 19, 2021 order is an appealable final order, as it appears to enter a default and grants a motion to strike. See Int'l House of Pancakes v. Robinson, 124 So. 3d 1004 (Fla. 4th DCA 2013); Niesz v. R.P. Morgan Bldg., Co., 401 So. 2d 822 (Fla. 5th DCA 1981) (dismissing portion of an appeal from an order granting a motion to strike). Further,Appellees may file a response within ten (10) days of service of that statement.
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| Docket Date |
2021-12-03
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2021-12-03
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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 |
2021-12-02
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
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| Docket Date |
2021-12-02
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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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