Docket Date |
2016-03-01
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Type |
Supreme Court
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Subtype |
Supreme Court Order
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Description |
Supreme Court Order on Rehearing ~ SC16-281
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Docket Date |
2016-02-15
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Type |
Supreme Court
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Subtype |
Acknowledged Receipt from Supreme Court
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Description |
Ack. Receipt from Supreme Court
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Docket Date |
2016-02-10
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Type |
Notice
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Subtype |
Notice
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Description |
Notice sent to the Supreme Court
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Docket Date |
2016-02-10
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Type |
Supreme Court
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Subtype |
Notice of Appeal FSC
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Description |
Notice of Appeal to Supreme Court
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On Behalf Of |
KENNETH LOPEZ
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Docket Date |
2016-01-14
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Type |
Order
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Subtype |
Order on Motion For Attorney's Fees
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Description |
Deny Attorney's Fees ~ ORDERED that appellee's September 3, 2015 motion for attorneys' fees is denied.
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Docket Date |
2015-08-05
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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Docket Date |
2016-01-07
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ Appellant has failed to comply with this court's December 14, 2015 order directing him to file his initial brief within ten (10) days. Accordingly, it is ORDERED that this appeal is dismissed.GROSS, CONNER and KLINGENSMITH, JJ., concur.
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Docket Date |
2016-01-07
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Type |
Disposition
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Subtype |
Dismissed
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Description |
Dismissed - Order by Judge
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Docket Date |
2015-12-14
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ Upon consideration of appellant's November 24, 2015 response to this court's order to show cause, appellant is advised that he is required to file his initial brief, not just any filings, to prosecute this appeal. Appellant is ORDERED to file his initial brief within ten (10) days from the date of this order, or the appeal will be dismissed. No extensions of time will be permitted.
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Docket Date |
2015-11-24
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Type |
Response
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Subtype |
Response
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Description |
Response to Order to Show Cause
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On Behalf Of |
KENNETH LOPEZ
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Docket Date |
2015-11-16
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Type |
Order
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Subtype |
Show Cause
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Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ Upon consideration of appellees' October 19, 2015 motion to dismiss it is,ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before November 26, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date |
2015-10-28
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Type |
Misc. Events
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Subtype |
Miscellaneous Docket Entry
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Description |
Miscellaneous Entry/Document ~ COPY OF MOTION FILED IN L.T.
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On Behalf Of |
KENNETH LOPEZ
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Docket Date |
2015-10-26
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Type |
Order
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Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
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Description |
Order Denying Rehearing Interim Order ~ ORDERED that appellant¿s September 25, 2015 motion for reconsideration and appellee¿s September 30, 2015 motion for leave from stay are denied.
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Docket Date |
2015-10-19
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Type |
Motions Other
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Subtype |
Motion To Dismiss
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Description |
Motion To Dismiss
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On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
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Docket Date |
2015-10-14
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Type |
Misc. Events
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Subtype |
Miscellaneous Docket Entry
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Description |
Miscellaneous Entry/Document ~ COPY OF PLEADING FILED IN LT
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On Behalf Of |
KENNETH LOPEZ
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Docket Date |
2015-10-14
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Type |
Order
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Subtype |
Order Striking Filing
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Description |
ORD-Stricken as Unauthorized ~ ORDERED that appellant's September 16, 2015 petition for special relief is stricken as unauthorized.
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Docket Date |
2015-09-30
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
Miscellaneous Motion
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On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
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Docket Date |
2015-09-30
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Type |
Order
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Subtype |
Order Reclassifying Case
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Description |
ORD-Final Appeal Treated as Non-Final ~ Upon consideration of appellee¿s September 11, 2015 response to this court¿s order, it is ORDERED that the appeal shall proceed as to the portion of the trial court¿s order staying counts 4, 5, 8, 9, and 11 of the appellant¿s counterclaim pending arbitration. See Carlandia Corp. v. Obernauer, 695 So. 2d 408, 409 (Fla. 4th DCA 1997); Neate v. Cypress Club Condo., Inc., 718 So. 2d 390 (Fla. 4th DCA 1998); Intracoastal Point Condo. Ass'n v. Horowitz, 54 So. 3d 528 (Fla. 3d DCA 2011). Pursuant to this court¿s September 11, 2015 order, the appeal is also proceeding as to the order denying an injunction. Accordingly, it is further ORDERED that this appeal is designated as a non-final appeal. Appellant shall file an initial brief and appendix within fifteen (15) days from the date of this order. The circuit court shall not transmit a record unless required by further order of this court.
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Docket Date |
2015-09-25
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Type |
Post-Disposition Motions
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Subtype |
Motion for Rehearing
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Description |
Motion For Rehearing/Interim Order
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On Behalf Of |
KENNETH LOPEZ
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Docket Date |
2015-09-16
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Type |
Response
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Subtype |
Objection
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Description |
Objection ~ TO MOTION FOR ATTY'S FEES
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On Behalf Of |
KENNETH LOPEZ
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Docket Date |
2015-09-16
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Type |
Record
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Subtype |
Appendix
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Description |
Appendix
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On Behalf Of |
KENNETH LOPEZ
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Docket Date |
2015-09-16
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
Miscellaneous Motion ~ **STRICKEN** FOR SPECIAL RELIEF
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On Behalf Of |
KENNETH LOPEZ
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Docket Date |
2015-09-11
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Type |
Order
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Subtype |
Order to Show Cause
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Description |
Order to Show Cause ~ Upon consideration of the parties¿ responses to this court¿s August 5, 2015 order and appellee¿s September 3, 2015 motion to dismiss, it is ORDERED that the motion to dismiss is granted in part, and the appeal is dismissed as to the order striking the appellant¿s claims for attorneys¿ fees and prejudgment interest in his counterclaim/third-party complaint, as to the order denying the appellant¿s motion to dismiss the complaint, and as to the portion of the order dismissing counts 3 and 6 of the appellant¿s counterclaim/third-party complaint. As to the portion of the order staying counts 4, 5, 8, 9, and 11 pending arbitration, appellees are ordered to show cause in writing, citing legal authority, within ten (10) days from the date of this order, why the appeal should not proceed as to the portion of the order staying counts 4, 5, 8, 9, and 11 pending arbitration pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iv). The appeal shall proceed as to the order denying the injunction; further,ORDERED that the September 3, 2015 answer brief is stricken as unauthorized without prejudice to refiling after appellant files an initial brief on the merits.
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Docket Date |
2015-09-11
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Type |
Response
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Subtype |
Response
|
Description |
Response to Order to Show Cause
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On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
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Docket Date |
2015-09-03
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Type |
Brief
|
Subtype |
Answer Brief
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Description |
Appellee's Answer Brief ~ **STRICKEN AS UNAUTHORIZED WITHOUT PREJUDICE TO REFILING AFTER APPELLANT FILES AN INITIAL BRIEF ON THE MERITS**
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On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
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Docket Date |
2015-09-03
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Type |
Motions Other
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Subtype |
Motion To Dismiss
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Description |
Motion To Dismiss
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On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
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Docket Date |
2015-09-03
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
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Docket Date |
2015-08-26
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Type |
Response
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Subtype |
Response
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Description |
Response ~ IN OPPOSITION TO JURISDICTIONAL STATEMENT
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On Behalf Of |
HOLIDAY SPRINGS VILLAGE CONDO.
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Docket Date |
2015-08-17
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Type |
Brief
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Subtype |
Jurisdictional Brief
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Description |
Jurisdictional Brief
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On Behalf Of |
KENNETH LOPEZ
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Docket Date |
2015-08-05
|
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 first three orders attached to the notice of appeal are appealable, non-final orders, in that 1) the order on the motion to strike claim for attorneys¿ fees and prejudgment interest in the counterclaim and third party complaint is not one of the enumerated non-final, appealable orders pursuant to Florida Rule of Appellate Procedure 9.130(a); 2) the order on motion to dismiss counts 3,4,5,6,8,9, and 11 of counterclaim and third party complaint only dismisses some, not all, claims (see Brooks v. AvMed, Inc., 927 So. 2d 230 (Fla. 2d DCA 2006), Ball v. D¿Lites Enterprises, Inc., 65 So. 3d 637, 641 (Fla. 4th DCA 2011); and 3) the order on motion for dismissal of plaintiff¿s complaint was denied and therefore does not appear to be an appealable non-final order; furtherAppellee may file a response within ten (10) days of service of that statement.
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Docket Date |
2015-08-04
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
KENNETH LOPEZ
|
|
Docket Date |
2015-08-04
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Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
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Description |
**DNU** ORD-LT Insolvency or Indigency ~ INDIGENT
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