Classification |
NOA Final - County Civil - Other
|
Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020AP000069CAXXMB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CC006118XXXXMB
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Parties
Name |
LUIS BELLO CORP
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Bello Communications
|
Role |
Appellant
|
Status |
Active
|
|
Name |
STAR PROPERTY XVIII, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Nicolas Estrella
|
|
Name |
Hon. Paige Hardy Gillman
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2222-05-20
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
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Description |
Miscellaneous Entry/Document ~ **RETURNED MAIL FOR BELLO COMMUNICATIONS**
|
|
Docket Date |
2021-04-23
|
Type |
Motions Other
|
Subtype |
Motion for Reconsideration/Rehearing of an Order
|
Description |
Motion For Reconsideration ~ OBJECTION TO APRIL 22, 2021 ORDER
|
On Behalf Of |
Bello Communications
|
|
Docket Date |
2021-04-23
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
Order Denying Reconsideration ~ ORDERED that appellant's April 23, 2021 motion for reconsideration is denied.
|
|
Docket Date |
2021-04-22
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellant's April 1, 2021 motion for rehearing is denied.
|
|
Docket Date |
2021-04-01
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
Bello Communications
|
|
Docket Date |
2021-03-29
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
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|
Docket Date |
2021-03-29
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s February 18, 2021 jurisdictional brief and appellee’s March 11, 2021 response, it is ORDERED that the above-styled appeal is dismissed for lack of jurisdiction. See Intercoastal Marina Towers, Inc. v. Suburban Bank, 506 So. 2d 1177, 1178 (Fla. 4th DCA 1987) (a motion for rehearing or reconsideration does not postpone the time to file an appeal).LEVINE, C.J., GROSS and KLINGENSMITH, JJ., concur.
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|
Docket Date |
2021-03-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT'S JURISDICTIONAL BRIEF
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On Behalf Of |
Star Property XVIII, LLC
|
|
Docket Date |
2021-03-10
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
Order Denying Rehearing Interim Order ~ Upon consideration of appellant's March 5, 2021 response, it is ORDERED that appellee's March 1, 2021 motion for rehearing is denied.
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|
Docket Date |
2021-03-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLEE'S MOTION FOR REHEARING
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On Behalf Of |
Bello Communications
|
|
Docket Date |
2021-03-02
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within fifteen (15) days from the date of this order, to appellee’s March 1, 2021 “response to order of the court.”
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|
Docket Date |
2021-03-01
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
ORD-Grant Rehearing on Interim Order ~ ORDERED that appellant's February 24, 2021 motion for rehearing is granted. This court determines that based on Luis Bello's January 28, 2021 notice, Bello Communications is not a corporation but rather is a fictitious name and as a result the above-styled appeal is restyled as Luis Bello d/b/a Bello Communications v. Star Property XVIII, LLC. Further, ORDERED that this court's February 19, 2021 order is vacated, and appellant's jurisdictional brief is deemed accepted. Appellee may file a response within ten (10) days from the date of this order.
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|
Docket Date |
2021-03-01
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing/Interim Order ~ RESPONSE TO ORDER OF THE COURT
|
On Behalf Of |
Star Property XVIII, LLC
|
|
Docket Date |
2021-02-24
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing/Interim Order ~ (FILED BY LUIS BELLO)
|
|
Docket Date |
2021-02-19
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ **VACATED, SEE 03/01/2021 ORDER**ORDERED sua sponte that appellant's February 18, 2021 statement for basis of jurisdiction is stricken as unauthorized without prejudice to refiling by counsel pursuant to this court's February 15, 2021 order.
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|
Docket Date |
2021-02-18
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief ~ **DEEMED ACCEPTED, SEE 03/01/2021 ORDER**
|
On Behalf Of |
Bello Communications
|
|
Docket Date |
2021-02-15
|
Type |
Order
|
Subtype |
Order re Stay
|
Description |
ORD-Case Stayed ~ Upon consideration of appellee's February 8, 2021 response and appellant's January 28, 2021 notice, it is ORDERED that this appeal will be dismissed, as to appellant Bello Communications, unless within twenty (20) days from the date of this order the corporation files an amended notice of related cases and initial brief signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel. FURTHER ORDERED that this appeal is stayed pending compliance with this order. See Telepower Communications, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008).
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|
Docket Date |
2021-02-11
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
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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 July 15, 2020 "order on defendant's verified motion for reconsideration" is an appealable order. See Agere Systems Inc. v. All American Crating, Inc., 931 So. 2d 244, 245 ("[A]n order that simply denies a motion for reconsideration or rehearing of an underlying non-final order .... is not in itself an appealable order.”); further,Appellee may file a response within ten (10) days of service of that statement.
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|
Docket Date |
2021-02-08
|
Type |
Order
|
Subtype |
Order Striking Filing
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Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's February 4, 2021 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
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|
Docket Date |
2021-02-08
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response
|
On Behalf Of |
Star Property XVIII, LLC
|
|
Docket Date |
2021-02-04
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **STRICKEN**
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On Behalf Of |
Star Property XVIII, LLC
|
|
Docket Date |
2021-02-01
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s January 28, 2021 notice of objection.
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|
Docket Date |
2021-01-28
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF OBJECTION TO JANUARY 27, 2021 COURT ORDER
|
On Behalf Of |
Bello Communications
|
|
Docket Date |
2021-01-27
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
Bello Communications
|
|
Docket Date |
2021-01-27
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Bello Communications
|
|
Docket Date |
2021-01-27
|
Type |
Order
|
Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
Description |
Corporation must be Represented by an Attorney ~ It appears that the January 27, 2021 notice of related cases and initial brief on behalf of appellant, Bello Communications, a corporation, were not signed by an attorney duly licensed to practice law. Such a paper is voidable if not cured as a corporation must be represented by an attorney in a Florida court. See Telepower Communications, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it isORDERED that this appeal will be dismissed, as to appellant Bello Communications, unless within twenty (20) days from the date of this order the corporation files an amended notice of related cases and initial brief signed by an attorney licensed to practice law, and the corporation continues to be represented by counsel;FURTHER ORDERED that this appeal is stayed pending compliance with this order.
|
|
Docket Date |
2021-01-21
|
Type |
Order
|
Subtype |
Order
|
Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
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|
Docket Date |
2021-01-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-01-19
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2021-01-19
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Bello Communications
|
|
Docket Date |
2021-01-19
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF:Not Required
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