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PALM BEACH RESURFACING, INC., Appellant(s) v. MICHELLE RENEE FLOYD, Appellee(s).
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4D2024-0019
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2024-01-04
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Open
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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 Fifteenth Judicial Circuit, Palm Beach County
502021CA007932
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Parties
| Name |
PALM BEACH RESURFACING, INC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Wesley T. Mathieu
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|
| Name |
Michelle Renee Floyd
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| Role |
Appellee
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| Status |
Active
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| Representations |
Alterraon Phillips
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|
| Name |
Hon. Carolyn Ruth Bell
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-11-25
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Order
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| Description |
Final Judgment
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| On Behalf Of |
Palm Beach Resurfacing, Inc.
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| Docket Date |
2024-11-25
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing Copy of Final Judgment
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| On Behalf Of |
Palm Beach Resurfacing, Inc.
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| Docket Date |
2024-08-26
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| Type |
Order
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| Subtype |
Order on Motion To Strike
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| Description |
ORDERED that Appellee's August 6, 2024 motion to strike is granted and the request for oral argument is stricken as untimely filed. Further,
After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
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| View |
View File
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| Docket Date |
2024-08-06
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| Type |
Motions Other
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| Subtype |
Motion To Strike
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| Description |
Motion To Strike Appellant's Request for Oral Argument
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| Docket Date |
2024-08-06
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Motion/Request for Oral Argument
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| Docket Date |
2024-06-14
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| Docket Date |
2024-06-04
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
Michelle Renee Floyd
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| View |
View File
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| Docket Date |
2024-05-07
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| Type |
Recognizing Agreed Extension
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| Subtype |
Answer Brief
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| Description |
30 Days to June 6, 2024
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| Docket Date |
2024-05-07
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension of Time - Answer Brief
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| On Behalf Of |
Michelle Renee Floyd
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| Docket Date |
2024-04-02
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORDERED that Appellant's April 1, 2024 initial brief and request for oral argument are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do 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."). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
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| View |
View File
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| Docket Date |
2024-04-01
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Palm Beach Resurfacing, Inc.
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| View |
View File
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| Docket Date |
2024-04-01
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Motion/Request for Oral Argument
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| Docket Date |
2024-03-21
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| Type |
Order
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| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
ORDERED that, upon consideration of Appellee's March 20, 2024 motion to compel, Appellant in the above-styled case 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 for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| View |
View File
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| Docket Date |
2024-03-20
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| Type |
Motions Other
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| Subtype |
Motion To Compel
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| Description |
Motion To Compel
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| Docket Date |
2024-02-29
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal; 486 Pages
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| On Behalf Of |
Palm Beach Clerk
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| Docket Date |
2024-01-08
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Paid Case Filing Fee-300
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| On Behalf Of |
Palm Beach Resurfacing, Inc.
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| View |
View File
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| Docket Date |
2024-01-04
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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 |
2024-01-04
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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 |
2024-01-04
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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 |
2024-11-13
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Because one of the orders to which the Notice of Appeal is directed—the trial court's November 18, 2021 "Order Granting Defendant/Counter Plaintiff's Motion for Final Summary Judgment as to Plaintiff/Counter Defendant's Complaint"—is a non-final order, appellant shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. See Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009). Failure to do so will result in sua sponte dismissal with prejudice of this appeal insofar as it challenges the November 18 order. We note that our dismissal of 4D2022-2593 did not provide any finality to the summary judgment order appellant attempted to appeal. It is 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 on appellant's claims in these proceedings. The trial court is advised that the November 18 order merely granted summary judgment and did not finally resolve appellant's claims before the trial court. It is further ORDERED that if a final order resolving appellant's claims regarding summary judgment is not entered as authorized by this order, then this appeal shall proceed on the trial court's final fee award as to amount, but not as to entitlement to fees.
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| View |
View File
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| Docket Date |
2024-04-10
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| Type |
Brief
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| Subtype |
Amended Initial Brief
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| Description |
Amended Initial Brief
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| On Behalf Of |
Palm Beach Resurfacing, Inc.
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| View |
View File
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| Docket Date |
2024-04-09
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| Type |
Order
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| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
ORDERED that Appellant in the above-styled case 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 for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| View |
View File
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PALM BEACH RESURFACING, INC. VS MICHELLE RENEE FLOYD
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4D2022-2593
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2022-09-23
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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 Fifteenth Judicial Circuit, Palm Beach County
502021CA007932XXXMB
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Parties
| Name |
PALM BEACH RESURFACING, INC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Wesley T. Mathieu
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|
| Name |
Michelle Renee Floyd
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| Role |
Appellee
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| Status |
Active
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| Representations |
Alterraon Phillips
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|
| Name |
Hon. John S. Kastrenakes
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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 |
2022-12-29
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2022-12-29
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court's December 8, 2022 order.
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| Docket Date |
2022-12-08
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| Type |
Order
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| Subtype |
Show Cause re Compliance with Prior Order
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| 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 November 1, 2022 order.
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| Docket Date |
2022-11-01
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ The Notice of Appeal docketed in this Court on September 23, 2022, is directed to the circuit court’s (1) November 18, 2021 “Order Granting Defendant/Counter Plaintiff’s Motion for Final Summary Judgment as to Plaintiff/Counter Defendant’s Complaint; and (2) “September 9, 2022 Order on Defendants Amended Motion for Entitlement to Attorney’s Fees and Cost.” Both orders to which the Notice of Appeal is directed are nonappealable, non–final orders. The circuit court’s November 19, 2021 summary judgment order is not a final order because it merely grants a motion for summary judgment and does not enter judgment for or against a party. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009). The circuit court’s September 9, 2022 order is not final as it does not determine the amount of attorney’s fees to award. Dania Beach Boat Club Condo. Assn., Inc. v. Forcier, 290 So. 3d 99, 102 (Fla. 4th DCA 2020) (“A finding of entitlement to attorney’s fees without a determination of the amount of fees is not appealable.”). Having considered the appellant’s October 10, 2022 statement of subject matter jurisdiction, and the appellee’s October 19, 2022 response to appellant’s statement of subject matter jurisdiction, it is ORDERED that appellant 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; further, ORDERED that the circuit 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; further, ORDERED that the appeal as to the September 9, 2022 order will be sua sponte dismissed unless the circuit court determines the amount of fees and costs to award prior to entering an appealable final judgment as directed above. Nothing in this order is intended to direct the timing of the circuit court’s consideration of that issue.
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| Docket Date |
2022-10-19
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO JURISDICTIONAL STATEMENT
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| On Behalf Of |
Michelle Renee Floyd
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| Docket Date |
2022-10-19
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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 appellee's October 18, 2022 notice of unavailability is stricken as unauthorized.
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| Docket Date |
2022-10-18
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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 |
Michelle Renee Floyd
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| Docket Date |
2022-10-10
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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 |
Palm Beach Resurfacing, Inc.
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| Docket Date |
2022-10-07
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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 |
Palm Beach Resurfacing, Inc.
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| Docket Date |
2022-09-30
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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 notice of appeal was timely filed as to the November 18, 2021 order, as it appears rendition of the order was not tolled. See Fla. R. App. P. 9.110(h) ("Multiple final orders may be reviewed by a single notice, if the notice is timely filed as to each such order."); Kyle v. Carter, 290 So. 3d 640 (Fla. 1st DCA 2020). Further,Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2022-09-27
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ Amended
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| Docket Date |
2022-09-23
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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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| Docket Date |
2022-09-23
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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 |
Michelle Renee Floyd
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| Docket Date |
2022-09-27
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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 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 that 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 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 lower tribunal clerk's determination of indigent status is filed.
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PALM BEACH RESURFACING, INC. VS MICHELLE RENEE FLOYD
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4D2021-3516
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2021-12-15
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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 Fifteenth Judicial Circuit, Palm Beach County
502021CA007932XXXMB
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Parties
| Name |
PALM BEACH RESURFACING, INC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Wesley T. Mathieu
|
|
| Name |
Michelle Renee Floyd
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| Role |
Appellee
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| Status |
Active
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| Representations |
Alterraon Phillips
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|
| Name |
Hon. John S. Kastrenakes
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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 |
2022-01-31
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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 |
2022-01-31
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that, upon consideration of appellant’s December 28, 2021 jurisdictional brief and appellee’s January 20, 2022 response, this appeal is dismissed as premature. See Mantabs, LLC v. Happy Fiddler Ass’n¸ 279 So. 3d 661 (Fla. 2d DCA 2019) (dismissing an appeal as premature because an interrelated counterclaim remained pending in the trial court).KLINGENSMITH, KUNTZ and ARTAU, JJ., concur.
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| Docket Date |
2022-01-20
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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 appellee's January 19, 2022 response to appellant’s statement of subject matter jurisdiction 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.
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| Docket Date |
2022-01-20
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO APPELLANTS STATEMENT OF SUBJECT MATTER JURISDICTION
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| On Behalf Of |
Michelle Renee Floyd
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| Docket Date |
2022-01-19
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ **STRICKEN** TO APPELLANTS STATEMENT OF SUBJECT MATTER JURISDICTION
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| On Behalf Of |
Michelle Renee Floyd
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| Docket Date |
2022-01-13
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| Type |
Order
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| Subtype |
Order to File Response
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| 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 December 28, 2021 statement of subject matter jurisdiction.
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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 - No or Noncompliant Cert. of Service ~ ORDERED that appellant's December 27, 2021 statement of subject matter jurisdiction is stricken 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).
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| Docket Date |
2021-12-28
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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 |
Palm Beach Resurfacing, Inc.
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| Docket Date |
2021-12-27
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief ~ **STRICKEN**
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| On Behalf Of |
Palm Beach Resurfacing, Inc.
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| Docket Date |
2021-12-21
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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 |
Palm Beach Resurfacing, Inc.
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| Docket Date |
2021-12-16
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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 18, 2021 order is an appealable final order, as it appears that an interrelated counterclaim is still pending in the trial court and it appears the order only grants a motion for summary judgment. See Mendez v. W. Flagler Fam. Ass'n, 303 So. 2d 1, 5 (Fla. 1974) ("We adhere to the rule that piecemeal appeals should not be permitted where claims are legally interrelated and in substance involve the same transaction."); Mantabs, LLC v. Happy Fiddler Ass'n, 279 So. 3d 661 (Fla. 2d DCA 2019) (dismissing an appeal as premature because an interrelated counterclaim remained pending in the trial court); Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."). Further,Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2021-12-15
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ ***AMENDED***
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|
| Docket Date |
2021-12-15
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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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| Docket Date |
2021-12-15
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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 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 that 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 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 lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2021-12-15
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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 |
Palm Beach Resurfacing, Inc.
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