| Classification |
NOA Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023DR009087XXX
|
Parties
| Name |
Nicholas Doup
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joel Michael Weissman
|
|
| Name |
D-N-D BUILDERS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
43 JIM SMITH LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PACE ROOFING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
M AND J METAL ROOFING FABRICATORS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MADDOX ROOFING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MADDOX REALTY WHITE DRIVE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Rosemarie Scher
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Danielle Doup
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Stuart Edward Meltzer, Jack Courtney, II, Jonathan Galler, Dina H. Shehata-Hujber
|
|
Docket Entries
| Docket Date |
2024-11-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-11-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss and for sanctions
|
|
| Docket Date |
2024-11-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
|
| Docket Date |
2024-11-16
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
|
| Docket Date |
2024-11-06
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Danielle Doup
|
| View |
View File
|
|
| Docket Date |
2024-10-31
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply to Response by Appellant Regard Order Entered by this Court Pertaining to why the Cause Should Not Be Dismissed Based Upon this Court's Lack Of Jurisdiction At This Juncture.
|
| On Behalf Of |
Nicholas Doup
|
|
| Docket Date |
2024-10-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
|
| Docket Date |
2024-10-24
|
| Type |
Order
|
| Subtype |
Show Cause 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 October 10, 2024 "Omnibus Order" is an appealable nonfinal or final order, as it does not appear to fall within the enumerated, appealable nonfinal orders per Florida Rule of Appellate Procedure 9.130, and it appears to contemplate future judicial labor in that it states, "The Court reserves jurisdiction to enter a final judgment of dissolution of marriage". See Fla. R. App. P. 9.130, 9.110; see also Pineside Condo. Ass'n 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."); 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."). Further,
Appellee may file a response within ten (10) days of service of that statement.
|
| View |
View File
|
|
| Docket Date |
2024-10-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORDERED that, upon consideration of appellee's December 12, 2024 response, appellant's November 19, 2024 "Renewed and/or Amended Notice of Appeal" is treated as a motion for rehearing of this court's November 1, 2024 order and is denied. Further,
ORDERED that all pending motions are denied as moot.
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to the Appellant's Amended Notice of Appeal and Appellant's Motion to Reinstate
|
| On Behalf Of |
Nicholas Doup
|
|
| Docket Date |
2024-12-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix pages 1 - 360
|
| On Behalf Of |
Nicholas Doup
|
|
| Docket Date |
2024-11-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-11-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellee's November 18, 2024 Motion 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.
|
| View |
View File
|
|
| Docket Date |
2024-11-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that, upon consideration of appellant's October 29, 2024 response, the above-styled appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.130, 9.110; see also Pineside Condo. Ass'n 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."); 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.").
KLINGENSMITH, C.J., CONNER and KUNTZ, JJ., concur.
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| View |
View File
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|
| Docket Date |
2024-10-30
|
| 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 (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that 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 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 lower tribunal clerk's determination of indigent status is filed.
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| View |
View File
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