| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-013072
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Parties
| Name |
CANVAS DIGITAL CORP
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CABUSA COMPANIA SAS CORP
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Juan P. Galeano
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Carlos A. Cardona Gomez
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian F. Greenwald
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|
| Name |
Gregory Tony, as Sheriff
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kristin Mackenzie
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|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-06-05
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED sua sponte that, upon consideration of appellants’ May 15, 2023 jurisdictional brief, this appeal is dismissed for lack of jurisdiction. See Insignia Homes, Inc. v. Hinden, 675 So. 2d 673, 674 (Fla. 4th DCA 1996) (“An order denying a motion to dismiss is a nonappealable, nonfinal order.”).DAMOORGIAN, LEVINE and KUNTZ, JJ., concur.
|
|
| Docket Date |
2023-06-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-05-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Carlos A. Cardona Gomez
|
|
| Docket Date |
2023-05-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Carlos A. Cardona Gomez
|
|
| Docket Date |
2023-05-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **Stricken**
|
| On Behalf Of |
Carlos A. Cardona Gomez
|
|
| Docket Date |
2023-05-04
|
| 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 3, 2023 order is a final or nonfinal appealable order, as it merely denies a motion to dismiss and it appears the underlying proceeding is ongoing. Fla. R. App. P. 9.110, 9.130; Insignia Homes, Inc. v. Hinden, 675 So. 2d 673, 674 (Fla. 4th DCA 1996) (“An order denying a motion to dismiss is a nonappealable, nonfinal order.”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-05-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-05-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Carlos A. Cardona Gomez
|
|
| Docket Date |
2023-05-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-05-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ to Initial Brief **Stricken**
|
| On Behalf Of |
Carlos A. Cardona Gomez
|
|
| Docket Date |
2023-05-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **Stricken**
|
| On Behalf Of |
Carlos A. Cardona Gomez
|
|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants’ May 18, 2023 appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). A second amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-05-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ May 15, 2023 initial brief 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. Further, ORDERED that appellants’ appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order
|
|
| Docket Date |
2023-05-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Carlos A. Cardona Gomez
|
|
| Docket Date |
2023-05-02
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), 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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