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ROGER DAVENPORT, Appellant(s) v. HERITAGE LANDINGS ASSOCIATION, INC.,et al., Appellee(s)
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4D2023-0542
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2023-03-02
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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 Seventeenth Judicial Circuit, Broward County
CACE21-017606
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Parties
| Name |
Roger Davenport
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Joseph Rabah
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Allison C. Sackett
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Rosalie Bianco
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Gerard Stephen Collins
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lauren T. Schwarzfeld
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Troy Moody
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
James M. Potts, Sr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Yeong J. Kang
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Shari Africk-Olefson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Linda I. Gonzalez
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Michael S. Bender
|
| Role |
Appellee
|
| Status |
Active
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|
| Name |
HERITAGE LANDINGS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Klaus Londot, Matthew Joseph Wildner, Kimberly Kanoff Berman, Andrew James Marchese, Meredith A. Chaiken
|
|
| Name |
KAYE BENDER REMBAUM, P.L.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
David Marks
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bryon Tyson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SUSAN KANG, P.A.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Teresa S. Goodson
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Robert L. Kaye
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Emily E. Gannon
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Shanell M. Schuyler
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Dana Macha
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Andrew B. Black
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| Role |
Appellee
|
| Status |
Active
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Docket Entries
| Docket Date |
2023-04-24
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response to Order to Show Cause
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| On Behalf Of |
Roger Davenport
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|
| Docket Date |
2023-04-12
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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 ~ **DISCHARGED**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 March 3, 2023 order.
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| Docket Date |
2023-03-09
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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 |
Roger Davenport
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|
| Docket Date |
2023-03-07
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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 |
Heritage Landings Association, Inc.
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|
| Docket Date |
2023-03-03
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) 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. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) (“On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order.”). 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 in these proceedings.
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| Docket Date |
2023-09-20
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss
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| On Behalf Of |
Heritage Landings Association, Inc.
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| Docket Date |
2023-09-28
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| Type |
Order
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| Subtype |
Order on Motion To Dismiss
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| Description |
Order on Motion To Dismiss
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| View |
View File
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| Docket Date |
2023-08-07
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing ~ SUGGESTION OF DEATH
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| On Behalf Of |
Heritage Landings Association, Inc.
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| Docket Date |
2023-05-30
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Order
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| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ Final Order
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| On Behalf Of |
Roger Davenport
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|
| Docket Date |
2023-04-27
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ ORDERED that the court’s April 12, 2023 order to show cause is discharged. Further, ORDERED that, upon consideration of appellant’s April 24, 2023 response, the time for appellant to comply with the court’s March 3, 2023 order is extended thirty (30) days from the date of this order. Appellant is advised that he may need to motion the trial court for a final order, as it is appellant’s responsibility to obtain a final order of dismissal. Failure to obtain a final order and file it with this court within the time provided by this order may result in dismissal of the above-styled action.
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| Docket Date |
2023-04-24
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| Type |
Record
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| Subtype |
Appendix to Response
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| Description |
Appendix to Response
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| On Behalf Of |
Roger Davenport
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|
| Docket Date |
2023-03-02
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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 |
Roger Davenport
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|
| Docket Date |
2023-03-02
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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 |
2023-03-02
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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 |
2023-03-02
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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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ROGER DAVENPORT VS HERITAGE LANDINGS ASSOCIATION, INC., et al.
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4D2022-2232
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2022-08-16
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21-017606
|
Parties
| Name |
Roger Davenport
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KAYE BENDER REMBAUM, P.L.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Dana Macha
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Joseph Rabah
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
James M. Potts, Sr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Gerard S. Collins
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Emily E. Gannon
|
| Role |
Appellee
|
| Status |
Active
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|
| Name |
Yeong J. Kang
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
Troy Moody
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Robert L. Kaye
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lauren T. Schwarzfeld
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Linda I. Gonzalez
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Allison C. Sackett
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
SUSAN KANG, P.A.
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
Michael S. Bender
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Teresa S. Goodson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Shanell M. Schuyler
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HERITAGE LANDINGS ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Meredith A. Chaiken, Gerard S. Collins, Mary Hope Keating, Lorraine Durham, Andrew J. Marchese, Matthew J. Wildner, John Londot
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|
| Name |
Andrew B. Black
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| Role |
Appellee
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| Status |
Active
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|
| Name |
David Marks
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Bryon Tyson
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
Rosalie Bianco
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
Hon. Carol-Lisa Phillips
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| Role |
Judge/Judicial Officer
|
| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-12-01
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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 |
Heritage Landings Association, Inc.
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| Docket Date |
2022-11-18
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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 ~ 10 DAYS TO 12/02/2022
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| Docket Date |
2022-11-18
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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 |
Heritage Landings Association, Inc.
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| Docket Date |
2022-10-24
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| Type |
Record
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| Subtype |
Appendix
|
| Description |
Appendix to Brief
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| On Behalf Of |
Roger Davenport
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| Docket Date |
2022-10-24
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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 appellant’s October 20, 2022 motion for extension of time is granted, and appellants initial brief was filed on October 24, 2022.
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| Docket Date |
2022-10-24
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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 |
Roger Davenport
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| Docket Date |
2022-10-20
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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 |
Roger Davenport
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| Docket Date |
2022-10-11
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 3,274 PAGES
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2022-10-06
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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 |
Heritage Landings Association, Inc.
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|
| Docket Date |
2022-09-06
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing ~ FINAL JUDGMENT DISMISSING FLORIDA BAR DEFENDANTS AND ORDER OF CLARIFICATION
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| On Behalf Of |
Roger Davenport
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| Docket Date |
2022-08-22
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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 |
Roger Davenport
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|
| Docket Date |
2022-08-16
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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|
| Docket Date |
2022-08-16
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| Type |
Notice
|
| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Roger Davenport
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| Docket Date |
2023-06-09
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2023-05-19
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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 |
2023-05-19
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's May 4, 2023 motion for rehearing, certification, clarification, and written opinion is denied.
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| Docket Date |
2023-05-18
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO APPELLANT'S MOTION FOR REHEARING
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| On Behalf Of |
Heritage Landings Association, Inc.
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|
| Docket Date |
2023-05-04
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion For Rehearing
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| On Behalf Of |
Roger Davenport
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|
| Docket Date |
2023-04-20
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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 |
2022-12-21
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| Type |
Brief
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| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
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| On Behalf Of |
Roger Davenport
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| Docket Date |
2022-12-21
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| Type |
Record
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| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Roger Davenport
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|
| Docket Date |
2022-08-18
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| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
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| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, 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. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) (“On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order.”). 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 in these proceedings.
|
|
| Docket Date |
2022-08-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-16
|
| 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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