| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-9405
|
Parties
| Name |
Edward F. Gonzalez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RPM OF SOUTH FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Anthony Stewart Adelson, David Jay Glantz, Matthew John Schlichte, Nathan G Mancuso
|
|
| Name |
Haigler Investment Group
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Gloria Haigler
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Jay Glantz
|
|
| Name |
Lisa M. Rioux
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Keathan Briscoe Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice -- letter with Notice of Appeal
|
|
| Docket Date |
2024-08-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; Pages 1 to 1,429
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Jurisdictional Statement
|
| On Behalf Of |
Gloria Haigler
|
|
| Docket Date |
2024-07-18
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
In Answer to the Order of This Court of July 11, 2024
|
| On Behalf Of |
Edward F. Gonzalez
|
| View |
View File
|
|
| Docket Date |
2024-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-07-09
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Certified Copy of Notice of Appeal
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-08
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit of Indigent Status
|
|
| Docket Date |
2024-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-08-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that, upon consideration of appellant's July 18, 2024 jurisdictional brief and appellee's July 18, 2024 response, this appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.110, 9.130; see also Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."); Pineside Condo. Ass'n, Inc. v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed."); Morton & Oxley, Ltd. v. Charles S. Eby, M.D., P.A., 916 So. 2d 820, 821 (Fla. 2d DCA 2005) ("[T]he denial of a motion to dismiss for failure to name indispensable parties ... is not listed as an appealable nonfinal order in rule 9.130(a).").
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
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 June 22, 2024 "Order Denying Motion to Add Indispensable Party" is a final or nonfinal appealable order, as it does not enter judgment for or against a party, and does not appear to fall within the categories of appealable nonfinal orders enumerated in Florida Rule of Appellate Procedure 9.130. See Fla. R. App. P. 9.110, 9.130; see also Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."); Pineside Condo. Ass'n, Inc. v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed."); Morton & Oxley, Ltd. v. Charles S. Eby, M.D., P.A., 916 So. 2d 820, 821 (Fla. 2d DCA 2005) ("[T]he denial of a motion to dismiss for failure to name indispensable parties ... is not listed as an appealable nonfinal order in rule 9.130(a)."). Further, Appellees may file a response within ten (10) days of service of that statement.
|
| View |
View File
|
|
| Docket Date |
2024-07-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2023), 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.
|
| View |
View File
|
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE07035755
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-9405
|
Parties
| Name |
Edward F. Gonzalez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HAIGLER INVESTMENT GROUP
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
RPM OF SOUTH FLORIDA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GLORIA HAIGLER
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Matthew John Schlichte, Anthony S. Adelson, David Jay Glantz
|
|
| Name |
COMMUNITY CONSUMERS GROUP
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
6100 JOHNSON STREET CORP
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
COMMUNITY TAX GROUP LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Dennis D. Bailey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED that petitioner’s February 14, 2020 petition for writ of certiorari is dismissed for failure to comply with Florida Rule of Appellate Procedure 9.100(g).WARNER, CONNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2020-05-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-02-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that Petitioner’s February 24, 2020 motion for extension of time is granted, and the time to file the appendix is extended thirty (30) days from the date of this order.
|
|
| Docket Date |
2020-02-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE APPENDIX
|
| On Behalf Of |
Edward F. Gonzalez
|
|
| Docket Date |
2020-02-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the petition is not accompanied by a supporting appendix as required by Florida Rule of Appellate Procedure 9.100(g). Within ten (10) days of service of this order, petitioner shall file an appendix providing an adequate record to review the issue presented. Failure to file an appendix will result in dismissal of this proceeding.
|
|
| Docket Date |
2020-02-14
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
Edward F. Gonzalez
|
|
| Docket Date |
2020-02-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2020-02-11
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed in the Circuit Court is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
| Docket Date |
2020-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2020-02-10
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2020-02-10
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Edward F. Gonzalez
|
|
|
