| Docket Date |
2019-05-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ Upon consideration of appellant’s March 18, 2019 jurisdictional statement and appellees’ April 22, 2019 response, it is ORDERED sua sponte that this appeal is dismissed without prejudice to refile once the circuit court has disposed of all remaining interrelated claims in the underlying case. See Mendez v. West Flagler Family Ass'n, Inc., 303 So. 2d 1 (Fla. 1974) (holding that an order dismissing a counterclaim is not final and appealable if an interrelated main claim remains pending); Koe v. Citizens Property Ins. Co., 225 So. 3d 983 (Fla. 3d DCA 2017) (holding that orders dismissing two claims do not amount to appealable partial final judgments under rule 9.110(k) because interrelated claims involving the same parties and underlying facts in both cases remain pending below).DAMOORGIAN, LEVINE and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2019-05-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-04-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO PLAINTIFF/APPELLANT'S JURISDICTIONAL STATEMENT
|
| On Behalf Of |
ALAN SOBEL
|
|
| Docket Date |
2019-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee's April 10, 2019 motion for extension of time is granted, and the time for filing a response to appellant’s jurisdictional statement is extended to and including April 19, 2019.
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|
| Docket Date |
2019-04-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO JURISDICTIONAL BRIEF.
|
| On Behalf Of |
ALAN SOBEL
|
|
| Docket Date |
2019-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ALAN SOBEL
|
|
| Docket Date |
2019-03-18
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
DUKE PGC AT QUANTUM 1-9, LLC
|
|
| Docket Date |
2019-03-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE AND SERVE ITS BASIS FOR THIS COURT'S SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
DUKE PGC AT QUANTUM 1-9, LLC
|
|
| Docket Date |
2019-03-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's March 11, 2019 motion for extension of time is granted, and appellant shall file and serve its basis for this court’s subject matter jurisdiction on or before March 18, 2019.
|
|
| Docket Date |
2019-03-01
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order 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 "order granting defendant Darsan Trading Co.'s motion for entry of final judgment and entering final judgment as to court VI of plaintiff's amended complaint" is a final, appealable order, as it is unclear whether there are remaining interrelated claims pending in the lower tribunal. See Almacenes El Globo De Quito, S.A. v. Dalbeta L.C., 181 So. 3d 559, 562 (Fla. 3d DCA 2015) ("Rule 9.110(k) provides for appellate jurisdiction to hear a partial final judgment only when the claims adjudicated by that order are separate and independent from the portion of the case still to be adjudicated.") (internal citations omitted); see also Mendez v. West Flagler Family Association, Inc., 303 So. 2d 1 (Fla. 1974); furtherAppellee may file a response within ten (10) days of service of that statement.
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|
| Docket Date |
2019-02-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
DUKE PGC AT QUANTUM 1-9, LLC
|
|
| Docket Date |
2019-02-26
|
| 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, 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 |
2019-02-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-02-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DUKE PGC AT QUANTUM 1-9, LLC
|
|
| Docket Date |
2019-02-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
