Docket Date |
2016-04-15
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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 this appeal is dismissed as premature. The motion to dismiss based on forum non conveniens was denied without prejudice. The motion to dismiss for improper venue was denied based on counts III and IV of the amended complaint, which themselves were dismissed without prejudice; the propriety of venue in Broward County is dependent upon counts III and IV remaining viable in the case. See Palamara v. Chinnock Marine, Inc., 788 So. 2d 305 (Fla. 4th DCA 2001) (dismissing appeal from order denying motion for relief from judgment without prejudice, as trial court indicated willingness to consider the motion again); see generally Outboard Marine Corp. v. Huggins, 583 So. 2d 433, 434 (Fla. 4th DCA 1991); Piper Aircraft Corp. v. Ashling, 415 So. 2d 160, 160 (Fla. 4th DCA 1982); 2 Fla. Prac., Appellate Practice § 24:4 (2015 ed.) (¿Although Rule 9.130(a)(3)(A) is broadly worded to allow an appeal from any nonfinal order that concerns venue, the purpose of the rule is to authorize appeals only from those nonfinal orders that actually decide the issue of venue.¿) (emphasis added).CIKLIN, C.J., GROSS and FORST, JJ., concur.
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Docket Date |
2016-04-15
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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 |
2016-01-15
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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 |
NOVEN PHARMACEUTICALS, INC.
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Docket Date |
2016-01-05
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants' December 29, 2015 motion for extension of time is granted, and appellants shall serve the reply brief on or before January 15, 2016. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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Docket Date |
2015-12-29
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
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Description |
Mot. for Extension of Time to File Reply Brief
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On Behalf Of |
NOVEN PHARMACEUTICALS, INC.
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Docket Date |
2015-12-18
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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 |
JAY WINTER
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Docket Date |
2015-12-17
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Type |
Record
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Subtype |
Appendix
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Description |
Appendix to Brief ~ TO ANSWER BRIEF
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On Behalf Of |
JAY WINTER
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Docket Date |
2015-10-15
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's October 5, 2015 motion for extension of time is granted, and appellee shall serve the answer brief on or before December 18, 2015. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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Docket Date |
2015-10-09
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Type |
Response
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Subtype |
Response
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Description |
Response ~ TO MOTION FOR EXT. OF TIME
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On Behalf Of |
NOVEN PHARMACEUTICALS, INC.
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Docket Date |
2015-10-05
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Mot. for Extension of time to file Answer Brief
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On Behalf Of |
JAY WINTER
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Docket Date |
2015-09-25
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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 |
NOVEN PHARMACEUTICALS, INC.
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Docket Date |
2015-09-25
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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 |
Request for Oral Argument
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On Behalf Of |
NOVEN PHARMACEUTICALS, INC.
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Docket Date |
2015-09-25
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Type |
Record
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Subtype |
Appendix
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Description |
Appendix to Brief ~ TO INITIAL BRIEF
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On Behalf Of |
NOVEN PHARMACEUTICALS, INC.
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Docket Date |
2015-09-09
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' August 3, 2015 motion for extension of time is granted, and appellants shall serve the initial brief and accompanying appendix on or before September 25, 2015. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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Docket Date |
2015-09-03
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief
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On Behalf Of |
NOVEN PHARMACEUTICALS, INC.
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Docket Date |
2015-08-26
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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. 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 |
2015-08-26
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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 |
2015-08-25
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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 |
NOVEN PHARMACEUTICALS, INC.
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Docket Date |
2015-08-25
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
A3:Paid In Full - $300
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