| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
4D22-590
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562021CC002273AXXXHC
|
Parties
| Name |
Ana Maria Soares
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ReMax Direct
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ALLEGIANCE MANAGEMENT SERVICES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Brian Frank Russo
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Stephanie A. Young
|
|
| Name |
ALLEGIANCE PROPERTY INVESTMENTS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Jeffrey E. Price
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Edmond Warren Alonzo III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Michelle Miller
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-04-25
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
|
| View |
View File
|
|
| Docket Date |
2022-04-25
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
| View |
View File
|
|
| Docket Date |
2022-04-21
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Ana Maria Soares
|
| View |
View File
|
|
| Docket Date |
2022-04-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:Case Dismissed
|
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Nineteenth Judicial Circuit, St. Lucie County
562021CC002273
|
Parties
| Name |
Ana Maria Soares
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Jeffrey E. Price
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALLEGIANCE PROPERTY INVESTMENTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Brian Frank Russo
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Stephanie Allison Young
|
|
| Name |
ReMax Direct
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALLEGIANCE MANAGEMENT SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Edmond W. Alonzo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-27
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC22-537
|
|
| Docket Date |
2022-06-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-06-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s response to the May 25, 2022 order to show cause contained with the May 25, 2022 motion to stay, this appeal is dismissed for lack of jurisdiction. See Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) (“On the other hand, it is well–established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order.”).KLINGENSMITH, C.J., DAMOORGIAN and GERBER, JJ., concur.
|
|
| Docket Date |
2022-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellant’s May 25, 2022 motion to stay is denied.
|
|
| Docket Date |
2022-05-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-05-25
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant 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 or other sanctions imposed for failure to comply with this court's April 18, 2022 order.
|
|
| Docket Date |
2022-04-25
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC22-536
|
|
| Docket Date |
2022-03-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO CORRECT CLERICAL ERROR
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-04-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2022-04-20
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant’s March 31, 2022 “motion to perfect the appeal” is denied. Further, ORDERED that appellant’s April 8, 2022 motion for extension of time is granted. Further, It appearing that the order entered on April 12, 2022, in response to this court's prior order is still a non–appealable, non–final order, appellant(s) shall have an additional thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well–established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). Further, ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2022-04-13
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL ORDER OF DISMISSAL
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-04-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-03-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant’s March 21, 2022 motion to correct clerical error is denied. This appeal cannot proceed as to appellee Brian Frank Russo, as appellant failed to obtain a final order dismissing the action as to Russo per this court’s March 11, 2022 order. See Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645, 646 (Fla. 4th DCA 1991) ("where an appeal has been filed prematurely in cases such as this one the appeal will not be dismissed, but the appellant will be given an opportunity to obtain a final, appealable order, and thereafter proceed in this court without the necessity of filing a new appeal"); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well–established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order.").
|
|
| Docket Date |
2022-03-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's March 17, 2022 notice and the trial court's March 17, 2022 order on stipulation for dismissal with prejudice, it is ORDERED that this appeal shall proceed as to only appellee Jeffrey E. Price.
|
|
| Docket Date |
2022-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-03-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ ORDER ON STIPULATION FOR DISMISSAL WITH PREJUDICE
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-03-11
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non–appealable, non–final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well–established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2022-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER APPEALED
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-03-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Ana Maria Soares
|
|
| Docket Date |
2022-03-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-03-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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 (2021), 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.
|
|
| Docket Date |
2022-02-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ana Maria Soares
|
|
|
