|
ERIC WURTZEBACH and JENNIFER WURTZEBACH, Appellant(s) v. FLOORING DEPOT FTL, INC., JOSEPH PRIZZI, and ALEXIS PRIZZI, Appellee(s).
|
4D2023-0480
|
2023-02-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-001750
|
Parties
| Name |
Jennifer Wurtzebach
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Alexis Prizzi
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLOORING DEPOT FTL INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Clarence Edward McGee
|
|
| Name |
Joseph Prizzi
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Eric Wurtzebach
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander O. Soto
|
|
Docket Entries
| Docket Date |
2024-03-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-04
|
| Type |
Misc. Events
|
| Subtype |
Corrected Opinion
|
| Description |
Corrected Opinion
|
|
| Docket Date |
2024-02-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2023-09-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2023-07-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2023-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2023-04-19
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 154 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-04-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellants' March 24, 2023 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D23-476.
|
|
| Docket Date |
2023-03-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2023-02-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **CERTIFIED COPY**
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-02-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-02-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Filing Fee Paid Through Portal
|
| On Behalf Of |
Eric Wurtzebach
|
|
|
|
ERIC WURTZEBACH and JENNIFER WURTZEBACH , Appellant(s) v. FLOORING DEPOT FTL, INC., JOSEPH PRIZZI, and ALEXIS PRIZZI, Appellee(s).
|
4D2023-0476
|
2023-02-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-001750
|
Parties
| Name |
Jennifer Wurtzebach
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Eric Wurtzebach
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexander O. Soto
|
|
| Name |
Alexis Prizzi
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLOORING DEPOT FTL INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Clarence Edward McGee
|
|
| Name |
Joseph Prizzi
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-04
|
| Type |
Misc. Events
|
| Subtype |
Corrected Opinion
|
| Description |
Corrected Opinion
|
|
| Docket Date |
2024-02-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2023-09-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-07-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 9/29/23
|
|
| Docket Date |
2023-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2023-07-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2023-05-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 7/3/23
|
|
| Docket Date |
2023-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2023-04-19
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 154 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-04-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellants' March 24, 2023 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D23-476.
|
|
| Docket Date |
2023-03-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2023-02-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **CERTIFIED COPY**
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Filing Fee Paid Through Portal
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2023-02-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2023-02-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
FLOORING DEPOT FTL, INC., AND JOSEPH PRIZZI VS ERIC WURTZEBACH and JENNIFER WURTZEBACH
|
4D2022-1184
|
2022-04-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-001750
|
Parties
| Name |
FLOORING DEPOT FTL INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Clarence Edward McGee
|
|
| Name |
Joseph Prizze
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Jennifer Wurtzebach
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Eric Wurtzebach
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alexander O. Soto
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-04-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-03-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-03-07
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2022-11-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2022-10-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2022-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2022-09-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 10/3/22
|
|
| Docket Date |
2022-08-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2022-08-03
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 152 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2022-07-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on June 29, 2022, it is ORDERED that appellants shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2022-06-29
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' June 23, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before September 6, 2022. 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.
|
|
| Docket Date |
2022-06-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2022-06-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that, upon consideration of appellants' June 15, 2022 notice, this appeal is dismissed as to the April 27, 2022 "order on plaintiffs' motion to determine prevailing party and for order finding an entitlement to attorneys' fees and costs," without prejudice to refiling a new appeal after attorney’s fees are awarded. This order only determines appellees' entitlement to attorney’s fees and does not award an amount. See Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994). Further, ORDERED that this appeal shall proceed as to the April 27, 2022 amended final judgment and as to only the portion of the June 13, 2022 order denying appellant Joseph Prizzi's motion for attorney's fees.KLINGENSMITH, C.J., CIKLIN and CONNER, JJ., concur.
|
|
| Docket Date |
2022-06-16
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2022-06-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2022-06-06
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ ORDERED that, upon consideration of appellants' May 6, 2022 jurisdictional brief, appellants shall have thirty (30) days from the date of this order to obtain a final order denying the December 17, 2021 "motions for attorneys' fees and costs," and file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991). This court will not accept jurisdiction over the attorney's fees and costs issue until the trial court addresses appellants' motion for fees and the amount of fees it is awarding to appellees. 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 |
2022-05-06
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2022-05-04
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2022-05-03
|
| 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 April 27, 2022 "order on plaintiffs' motion to determine prevailing party and for order finding an entitlement to attorneys' fees and costs" is an appealable final or nonfinal order, as it appears the order merely determines an entitlement to attorney's fees without awarding an amount. See Schmidt v. Schmidt, 319 So. 3d 65 (Fla. 4th DCA 2021) ("An order merely finding entitlement to attorney's fees is a non-final, non-appealable order."); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994). FurtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-04-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-04-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Certified Copy
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
|
|
FLOORING DEPOT FTL, INC. VS ERIC WURTZEBACH and JENNIFER WURTZEBACH
|
4D2020-1787
|
2020-08-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-001750 (08)
|
Parties
| Name |
FLOORING DEPOT FTL INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Clarence Edward McGee
|
|
| Name |
Jennifer Wurtzebach
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Eric Wurtzebach
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alexander O. Soto
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-04-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 5/4/21
|
|
| Docket Date |
2021-03-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2021-03-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2021-03-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2021-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2021-02-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 3/22/21
|
|
| Docket Date |
2021-01-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2021-01-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2020-12-31
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 204 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-11-03
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 144 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-11-02
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-12-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellant’s March 30, 2021 and appellees’ March 25, 2021 motions for attorney's fees are granted conditioned on the trial court determining which party is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motions for costs filed by Alexander O. Soto and C. Edward McGee are denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2021-11-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2021-06-25
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2021-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellant's May 5, 2021 motion to accept the reply brief as timely filed is granted. The reply brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2021-05-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2021-05-05
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2021-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2020-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's October 12, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 19, 2021. 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.
|
|
| Docket Date |
2020-10-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2020-10-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2020-10-05
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on September 24, 2020, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2020-09-24
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-08-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-08-12
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ **Includes order appealed**
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2020-08-12
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
|
|
FLOORING DEPOT FTL, INC. VS ERIC WURTZEBACH and JENNIFER WURTZEBACH
|
4D2017-1252
|
2017-04-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 17-001750
|
Parties
| Name |
FLOORING DEPOT FTL INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Clarence Edward McGee
|
|
| Name |
Jennifer Wurtzebach
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Eric Wurtzebach
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alexander O. Soto
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 92 PAGES
|
|
| Docket Date |
2017-05-31
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellees' May 15, 2017 motion to dismiss is granted, and this appeal is dismissed as untimely, as the original judgment was rendered on March 19, 2017, and appellant did not appeal until April 24, 2017. The court notes that the March 19, 2017 judgment was electronically signed at the very bottom of the page. Further ORDERED that appellant's May 4, 2017 motion to relinquish is deemed moot.DAMOORGIAN, GERBER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2017-05-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS, etc.
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2017-05-19
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE.
|
|
| Docket Date |
2017-05-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ *AND/OR* MEMORANDUM IN OPPOSITION TO APPELLANT'S MOTION TO RELINQUISH JURISDICTION TO THE TRIAL COURT TO RULE ON APPELLANT'S MOTION TO VACATE AND SET ASIDE DEFAULT FINAL JUDGMENT
|
| On Behalf Of |
Eric Wurtzebach
|
|
| Docket Date |
2017-05-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2017-05-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ ***MOOT 5/31/17***
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
| Docket Date |
2017-04-27
|
| 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. 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.
|
|
| Docket Date |
2017-04-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-04-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Flooring Depot FTL, Inc.
|
|
|
