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SWZ FINANCIAL II, LLC and TAX HELP MD, INC. VS MILLER COFFEY TATE, LLP
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4D2020-1532
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2020-07-06
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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
502016CA006382
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Parties
| Name |
TAX HELP MD INC.
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| Role |
Appellant
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| Status |
Active
|
|
| Name |
SWZ Financial II, LLC
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| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael D. Moccia
|
|
| Name |
Miller Coffey Tate, LLP
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| Role |
Appellee
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| Status |
Active
|
| Representations |
Kathleen DiSanto, Laura B. Labbee, J. Carter Andersen, Bryan D. Hull, Harold Holder
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|
| Name |
Hon. James Nutt
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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 |
2021-04-22
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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|
| Docket Date |
2021-04-22
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2021-04-01
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2020-12-09
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
SWZ Financial II, LLC
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|
| Docket Date |
2020-11-24
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Reply Brief
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| Description |
Notice of Agreed Extension - Reply Brief
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| On Behalf Of |
SWZ Financial II, LLC
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|
| Docket Date |
2020-11-24
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 14 DAYS TO 12/09/2020
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| Docket Date |
2020-10-26
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
Miller Coffey Tate, LLP
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|
| Docket Date |
2020-10-26
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
Miller Coffey Tate, LLP
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|
| Docket Date |
2020-10-05
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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 - Answer Brief
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| On Behalf Of |
Miller Coffey Tate, LLP
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|
| Docket Date |
2020-10-05
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 14 DAYS TO 10/26/2020
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| Docket Date |
2020-09-11
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
SWZ Financial II, LLC
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|
| Docket Date |
2020-08-13
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 2,547 PAGES
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| On Behalf Of |
Clerk - Palm Beach
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|
| Docket Date |
2020-07-10
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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 |
SWZ Financial II, LLC
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| Docket Date |
2020-07-08
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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 |
Miller Coffey Tate, LLP
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| Docket Date |
2020-07-07
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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, 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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| Docket Date |
2020-07-07
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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 |
2020-07-06
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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 |
2020-07-06
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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 |
SWZ Financial II, LLC
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SWZ FINANCIAL II, LLC and TAX HELP MD INC. VS MILLER COFFEY TATE, LLP
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4D2020-1408
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2020-06-18
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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
502016CA006382XXXMB
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Parties
| Name |
TAX HELP MD INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
J. Carter Andersen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SWZ Financial II, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael D. Moccia
|
|
| Name |
Miller Coffey Tate, LLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Laura B. Labbee, Bryan D. Hull, Harold Holder, Kathleen DiSanto
|
|
| Name |
Hon. James Nutt
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| Role |
Judge/Judicial Officer
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| Status |
Active
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Docket Entries
| Docket Date |
2020-07-10
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 10, 2020 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2020-06-29
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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 |
Miller Coffey Tate, LLP
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| Docket Date |
2020-06-26
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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 |
SWZ Financial II, LLC
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| Docket Date |
2020-06-26
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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 |
SWZ Financial II, LLC
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| Docket Date |
2020-06-23
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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 |
Miller Coffey Tate, LLP
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| Docket Date |
2020-06-19
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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 |
2020-06-18
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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 |
2020-06-18
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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 |
SWZ Financial II, LLC
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| Docket Date |
2020-07-10
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
SWZ Financial II, LLC
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|
| Docket Date |
2020-07-10
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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 |
2020-06-23
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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, appellants 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. Appellants shall specifically address how the order granting defendant's motion to dismiss second amended complaint, which dismisses the second amended complaint with leave to amend within thirty (30) days of the date of the continued hearing, is an appealable final order. See, e.g., Neptune v. Boncroft, 110 So. 3d 537, 538 (Fla. 4th DCA 2013); further,Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2020-06-19
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| Type |
Order
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| 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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