Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
09-57502 (12)
|
Parties
Name |
DIGIPLOT, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
MARGARET A. BROZ, John P. Fenner
|
|
Name |
CAROL A. HAMID
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HAMID SHARIFF
|
Role |
Appellee
|
Status |
Active
|
|
Name |
AMERICAN REPROGRAPHICS COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MARK S. YARALLI
|
Role |
Appellee
|
Status |
Active
|
Representations |
Christopher J. Perez-Gurri, ALLAN G. GEFFIN
|
|
Name |
Hon. Michael L. Gates
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-10-18
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
MARK S. YARALLI
|
|
Docket Date |
2016-09-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
MARK S. YARALLI
|
|
Docket Date |
2016-09-29
|
Type |
Motions Other
|
Subtype |
Motion To Compel
|
Description |
Motion To Compel ~ MEDIATION.
|
On Behalf Of |
MARK S. YARALLI
|
|
Docket Date |
2016-09-19
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-10-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's October 19, 2016 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
Docket Date |
2016-12-05
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2016-12-05
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellee's October 18, 2016 motion to dismiss is granted, and this appeal is dismissed without prejudice to appeal from a final, appealable order entering judgment on the counterclaims and disposing of the pending main claim. Further ORDERED that appellee's September 29, 2016 motion to compel mediation is denied as moot. WARNER, GROSS and FORST, JJ., concur..
|
|
Docket Date |
2016-11-18
|
Type |
Response
|
Subtype |
Reply
|
Description |
Reply
|
On Behalf Of |
MARK S. YARALLI
|
|
Docket Date |
2016-11-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Reply to Response
|
Description |
Grant EOT to Reply to Response ~ ORDERED that appellee's November 14, 2016 motion for extension of time is granted and the time for filing a reply is extended to November 18, 2016.
|
|
Docket Date |
2016-11-14
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Motion Extension of TimeTo Reply To Response
|
On Behalf Of |
MARK S. YARALLI
|
|
Docket Date |
2016-11-07
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO DISMISS.
|
On Behalf Of |
DIGIPLOT, INC.
|
|
Docket Date |
2016-10-25
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellant to File Response ~ Appellee's September 29, 2016 motion to compel mediation, which indicates that a trial order is pending, suggests that there are main claims that remain pending in the proceedings below. The orders granting summary judgment on the counterclaims are not appealable if interrelated main claims remain pending. See Mendez v. West Flagler Family Association, Inc., 303 So. 2d 1 (Fla. 1974); SPS Dev. Co., LLC v. DS Enterprises of Palm Beaches, Inc., 970 So. 2d 495, 497 (Fla. 4th DCA 2007). Accordingly, appellant shall file a response within ten (10) days from the date of this order, explaining whether this court has jurisdiction over the orders appealed in light of the pendency of the claims that are the subject of the trial order. Appellee may file a reply within ten (10) days of appellant's response.
|
|
Docket Date |
2016-10-24
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE.
|
|
Docket Date |
2016-10-19
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
DIGIPLOT, INC.
|
|
Docket Date |
2016-10-19
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO DISMISS.
|
On Behalf Of |
MARK S. YARALLI
|
|
Docket Date |
2016-09-19
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
Docket Date |
2016-09-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
DIGIPLOT, INC.
|
|
Docket Date |
2016-09-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE09057502 (12)
|
Parties
Name |
MARK S. YARALLI
|
Role |
Appellant
|
Status |
Active
|
Representations |
ALAN G. GEFFIN, Christopher J. Perez-Gurri
|
|
Name |
DIGIPLOT, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
AMERICAN REPROGRAPHICS COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
AMY L. DRUSHAL, John P. Fenner
|
|
Name |
Hon. Michael L. Gates
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2014-05-09
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed (No Record)
|
|
Docket Date |
2014-04-08
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2014-04-08
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the notice of voluntary dismissal filed herein this appeal is dismissed.
|
|
Docket Date |
2014-03-14
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Motion For Voluntary Dismissal
|
On Behalf Of |
MARK S. YARALLI
|
|
Docket Date |
2014-03-12
|
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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2014-03-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2014-02-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
MARK S. YARALLI
|
|
Docket Date |
2014-02-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|