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
CACE21-018962
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Parties
Name |
Omar Gomez
|
Role |
Appellant
|
Status |
Active
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Representations |
Kendrick Almaguer, Carlos Manuel Ferreyros
|
|
Name |
GOMEZ REPAIR CORP
|
Role |
Appellant
|
Status |
Active
|
|
Name |
MANAGENEST LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Andrew John Bernhard
|
|
Name |
Hon. Carlos A. Rodriguez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
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Status |
Active
|
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Docket Entries
Docket Date |
2022-09-27
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Omar Gomez
|
|
Docket Date |
2022-09-27
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the September 27, 2022 notice of voluntary dismissal, this case is dismissed. Further,ORDERED that appellee’s July 18, 2022 motion to dismiss is determined to be moot.
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|
Docket Date |
2022-09-27
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2022-09-06
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Managenest, LLC
|
|
Docket Date |
2022-09-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Managenest, LLC
|
|
Docket Date |
2022-08-09
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response
|
On Behalf Of |
Omar Gomez
|
|
Docket Date |
2022-08-04
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that appellants are directed to reply, within ten (10) days from the date of this order, to appellee’s July 18, 2022 response.
|
|
Docket Date |
2022-07-18
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO ORDER TO SHOW CAUSE, REQUEST FOR JUDICIAL NOTICE OF BANKRUPTCY DISMISSAL, AND MOTION TO DISMISS APPEAL FOR LACK OF PROSECUTION
|
On Behalf Of |
Managenest, LLC
|
|
Docket Date |
2022-07-18
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Managenest, LLC
|
|
Docket Date |
2022-07-07
|
Type |
Order
|
Subtype |
Show Cause re Bankruptcy
|
Description |
Order on Suggestion of Bankruptcy ~ ORDERED that, upon consideration of appellants’ suggestion of bankruptcy filed June 22, 2022, this court's order to show cause is discharged. Further,ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
Docket Date |
2022-06-22
|
Type |
Notice
|
Subtype |
Suggestion of Bankruptcy
|
Description |
Suggestion of Bankruptcy
|
On Behalf Of |
Omar Gomez
|
|
Docket Date |
2022-05-11
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ ORDERED that appellants' May 9, 2022 motion to set aside dismissal and reinstate appeal is granted. The above-styled appeal is reinstated.
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|
Docket Date |
2022-05-10
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Omar Gomez
|
|
Docket Date |
2022-05-10
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
Omar Gomez
|
|
Docket Date |
2022-05-09
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
Docket Date |
2022-05-09
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2022-04-25
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
ORD-Deny Relinquishment of Jurisdiction ~ Upon consideration of appellee's April 20, 2022 response, it is ORDERED that appellants’ April 14, 2022 motion to relinquish jurisdiction is denied.
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|
Docket Date |
2022-04-20
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Managenest, LLC
|
|
Docket Date |
2022-04-20
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's April 19, 2022 response and appendix to response are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service do 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 |
2022-04-20
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Managenest, LLC
|
|
Docket Date |
2022-04-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **STRICKEN** IN OPPOSITION TO APPELLANTS' MOTION TO RELINQUISH JURISDICTION
|
On Behalf Of |
Managenest, LLC
|
|
Docket Date |
2022-04-19
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response ~ **STRICKEN**
|
On Behalf Of |
Managenest, LLC
|
|
Docket Date |
2022-04-14
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
Omar Gomez
|
|
Docket Date |
2022-04-14
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Omar Gomez
|
|
Docket Date |
2022-04-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-04-08
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-04-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Omar Gomez
|
|
Docket Date |
2022-08-23
|
Type |
Order
|
Subtype |
Show Cause re Bankruptcy
|
Description |
Order on Suggestion of Bankruptcy ~ Upon consideration of appellants' August 9, 2022 reply, it is ORDERED that all parties from the date of this order shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response. Further, ORDERED that this court's July 7, 2022 order to show cause is discharged. Further, ORDERED that appellee's motion to dismiss, contained within its July 18, 2022 response, is denied.
|
|
Docket Date |
2022-06-16
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ***DISCHARGED***ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before June 27, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
Docket Date |
2022-04-11
|
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 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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