| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE24-001425
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Parties
| Name |
WILLIE JONES JR LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CECIBONFOODS CORP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Hans Ottinot, Sr.
|
|
| Name |
Hon. Keathan Briscoe Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that this appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.110; see also Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014) ("Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order."); Bushweiler v. Levine, 476 So. 2d 725 (Fla. 4th DCA 1985) (dismissing appeal from an order dismissing case without prejudice because it failed to contain "magic words demonstrating finality" and did not qualify under Florida Rule of Appellate Procedure 9.130 as an appealable non-final order); Liebman v. Miami-Dade Cnty. Code Compliance Office, 54 So. 3d 1043 (Fla. 3d DCA 2011) ("We lack jurisdiction to review the two orders granting motions to dismiss the complaint without prejudice to amend. These orders are non-final and non-appealable.").
WARNER, GROSS and CIKLIN, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-09-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order
|
|
| Docket Date |
2024-09-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 78 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-09-17
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellant's September 17, 2024 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-09-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order
|
|
| Docket Date |
2024-09-05
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before September 15, why the above-styled case should not be dismissed for lack of timely prosecution for failure to comply with this court's August 12, 2024 order.
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| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-08-12
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
|
| Docket Date |
2024-08-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-09-30
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORDERED that, upon consideration of appellant's September 23, 2024 response, this court's September 5, 2024 order to show cause is discharged. Further,
ORDERED that 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 August 5, 2024 "Order Granting Defendant's Motion to Dismiss" is a final appealable order per Florida Rule of Appellate Procedure 9.110, in that it does not appear to conclude the judicial labor in the cause, as it states, "Plaintiff shall have 20 days from the date of this Order to file a Third Amended Complaint." See Fla. R. App. P. 9.110; see also Liebman v. Miami-Dade Cnty. Code Compliance Office, 54 So. 3d 1043 (Fla. 3d DCA 2011) ("We lack jurisdiction to review the two orders granting motions to dismiss the complaint without prejudice to amend. These orders are non-final and non-appealable."). Further,
Appellee may file a response within ten (10) days of service of that statement.
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| View |
View File
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