| Docket Date |
2021-03-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-03-12
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
Somo Financial Services, Inc.
|
|
| Docket Date |
2021-03-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that appellee's March 8, 2021 motion is granted. The time for filing a reply is extended to March 12, 2021.
|
|
| Docket Date |
2021-03-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Somo Financial Services, Inc.
|
|
| Docket Date |
2021-02-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
G.L. Cars, Inc.
|
|
| Docket Date |
2021-02-19
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that, within ten (10) days of this order, Appellant shall file a response and show cause why this proceeding should not be dismissed as moot. Appellant failed to file a motion under Florida Rule of Appellate Procedure 9.310(f) to obtain review of the September 24, 2020 order denying a stay pending appeal, and according to appellee, the property at issue in this appeal has been sold. Appellee may file a reply within five (5) days of the response.
|
|
| Docket Date |
2021-01-14
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Somo Financial Services, Inc.
|
|
| Docket Date |
2021-01-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants' January 13, 2021 reply brief 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.
|
|
| Docket Date |
2021-01-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Somo Financial Services, Inc.
|
|
| Docket Date |
2021-01-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ ***STRICKEN 1/14/21***
|
| On Behalf Of |
G.L. Cars, Inc.
|
|
| Docket Date |
2021-01-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Somo Financial Services, Inc.
|
|
| Docket Date |
2021-01-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Somo Financial Services, Inc.
|
|
| Docket Date |
2021-01-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-01-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Somo Financial Services, Inc.
|
|
| Docket Date |
2020-11-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellants’ October 15, 2020 jurisdictional brief and appellee’s November 12, 2020 response, it is ORDERED sua sponte that the above-styled appeal is dismissed as to the September 24, 2020 “order denying motion to stay.” Appellants are permitted to file an appropriate motion for review of the order denying the motion to stay pursuant to Florida Rule of Appellate Procedure 9.310(f).DAMOORGIAN, GERBER and KLINGENSMITH, JJ., concur.
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|
| Docket Date |
2020-11-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Somo Financial Services, Inc.
|
|
| Docket Date |
2020-11-10
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
G.L. Cars, Inc.
|
|
| Docket Date |
2020-11-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Somo Financial Services, Inc.
|
|
| Docket Date |
2020-11-03
|
| 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 appellant’s October 15, 2020 “response to order dated October 14, 2020.”
|
|
| Docket Date |
2020-10-15
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
G.L. Cars, Inc.
|
|
| Docket Date |
2020-10-14
|
| 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, appellants shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order added in the amended notice of appeal, citing supporting legal authorities. Appellants shall specifically address how the "order denying motion to stay" is an appealable order under Florida Rule of Appellate Procedure 9.130. See Fla. R. App. P. 9.130(i) ("Multiple nonfinal orders that are listed in rule 9.130(a)(3) may be reviewed by a single notice if the notice is timely filed as to each such order."); Fla. R. App. P. 9.310(f) (explaining that review of orders denying a stay entered by lower tribunals shall be by the court on motion). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-10-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
G.L. Cars, Inc.
|
|
| Docket Date |
2020-10-12
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
G.L. Cars, Inc.
|
|
| Docket Date |
2020-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Somo Financial Services, Inc.
|
|
| Docket Date |
2020-10-01
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-09-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-09-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
G.L. Cars, Inc.
|
|
| Docket Date |
2020-09-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-03-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that, having considered the response and reply to this Court’s order to show cause, this appeal is dismissed as moot. Dismissal is without prejudice for Appellant to seek damages in the underlying proceeding for the alleged improper prejudgment taking should it ultimately prevail. See Kivisto v. GMAC LLC, 978 So. 2d 283 (Fla. 4th DCA 2008); Trans Atlantic Distributors, L.P. v. Whiland Co., S.A., 671 So. 2d 883 (Fla. 5th DCA 1996). Further,ORDERED that appellee's January 10, 2021 motion for attorney's fees is granted conditioned on the trial court determining that appellee is 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. Further,ORDERED that appellee’s January 14, 2021 request for oral argument is denied.WARNER, DAMOORGIAN and FORST, JJ., concur.
|
|
| Docket Date |
2020-10-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **AMENDED BRIEF FILED**
|
| On Behalf Of |
G.L. Cars, Inc.
|
|
| Docket Date |
2020-09-18
|
| 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, 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.
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