| Docket Date |
2022-08-03
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-01-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2022-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Clarification-78a ~ Appellant’s motion for clarification is denied.
|
|
| Docket Date |
2021-12-23
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-12-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ MOTION FOR CLARIFICATIONOF ORDER ENTERED ON DECEMBER 22, 2021
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-12-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ Appellant’s "renewed motion for en banc reconsideration of order entered on September 22, 2021," is stricken as unauthorized. Future unauthorized filings in this case will not receive judicial consideration.
|
|
| Docket Date |
2021-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ Appellant’s motion for en banc reconsideration of order entered on September 22, 2021, is denied.
|
|
| Docket Date |
2021-12-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC ~ RENEWED MOTION FOR EN BANC RECONSIDERATION OF ORDER ENTERED ON SEPTEMBER 22, 2021
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-10-05
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-10-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC ~ RECONSIDERATION OF ORDER ENTERED ON SEPTEMBER 22, 2021
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-09-22
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ SILBERMAN, KELLY, AND LUCAS
|
|
| Docket Date |
2021-09-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed.
|
|
| Docket Date |
2021-08-27
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ LOCATED IN RESPONSE - MOTION TO SCHEDULE HEARING FOR ORAL ARGUMENT - PS MICHAEL KIM
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-08-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO THE MOST ABSURD ORDER TO SHOW CAUSE IN FLORIDA HISTORY AND MOTION TO SCHEDULE HEARING FOR ORAL ARGUMENT
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-08-24
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant shall respond to the court's August 11, 2021 order to show cause by Friday, August 27, 2021, failing which this case may be dismissed without further notice.
|
|
| Docket Date |
2021-05-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-08-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-08-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLANT MICHAEL KIM'S MOTION FOR CLARIFICATION AND MOTION FOR EXTENSION OF TIME TO FILE RESPONSE
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2021-08-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF LIST OF EXHIBITS FOR APPELLANT'S REPLY BRIEF
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-06-15
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Reply Brief
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF LIST OF EXHIBITS FOR APPELLANT'S REPLY BRIEF
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-06-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved by June 7, 2021.
|
|
| Docket Date |
2021-05-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF CONSENT BY APPELLEE ON APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-04-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellee’s motion to supplement the record is granted only to the extent that this court will consider the attachments to the motion in conjunction with the argument in the answer brief that the appeal is moot. Appellant may respond to the argument that the appeal is moot and address the relevance of these documents in the reply brief. Appellant may serve a reply brief within thirty days of the date of this order.
|
|
| Docket Date |
2021-04-06
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ EXHIBIT A
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-04-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT MICHAEL KIM'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION TO SUPPLEMENT THE RECORD ON APPEAL AND MOTION TO SANCTION SHIRIN M. VESELY
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-03-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant shall serve a response to Appellee's motion to supplement the record within fifteen days of the date of this order.
|
|
| Docket Date |
2021-03-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2021-03-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by March 31, 2021.
|
|
| Docket Date |
2021-03-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ IN OPPOSITION TO APPELLANT MICHAEL KIM'S MOTION FOR JUDGMENT ON PLEADINGS OF RECORD
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2021-03-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2021-03-01
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ APPELLANT MICHAEL KIM'S MOTION FOR JUDGMENT ON PLEADINGS OF RECORD
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-03-01
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-01-18
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-01-18
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ APPELLANT MICHAEL KIM'S RESPONSE TO APPELLEE WESTWATER CONSTRUCTION, INC.'S SECOND MOTION TO DISMISS
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-01-07
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant is directed to respond within fifteen (15) days from the date of this order to appellee’s motion to dismiss.
|
|
| Docket Date |
2020-12-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2020-12-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE WESTWATER CONSTRUCTION, INC.'S MOTION TO DISMISS APPEAL AND ALTERNATIVE MOTION TO STRIKE AMENDED INITIAL BRIEF AND APPENDIX AND MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2020-12-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 315 PAGES
|
|
| Docket Date |
2020-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ Appellee's motion to dismiss is denied. Appellee's motion to supplement the record is granted, and appellee shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2020-12-01
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT MICHAEL KIM'S RESPONSE TO APPELLEE WESTWATER CONSTRUCTION, INC.'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-11-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2020-10-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ WALKER - REDACTED - 1806 PAGES
|
|
| Docket Date |
2020-03-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2020-03-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The corporate appellant will require representation by a licensed attorney. Unless one enters a notice of appearance within fifteen days from the date of this order, the appeal will be dismissed as to Trail Management, LLC.
|
|
| Docket Date |
2020-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ LT ORDERS
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-03-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes (2018).Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order from the circuit court finding appellant insolvent pursuant to section 57.081 or 57.085, Florida Statutes, as applicable, within forty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2020-03-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-03-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-03-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-05-07
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ NOTICE OF BANKRUPTCY PROCEEDING
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-10-01
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ OPPOSITION TO APPELLEE WESTWATER'S MOTION TO DISMISS APPEAL OR IN THE ALTERNATIVE MOTION TO REQUIRE APPELLANT TO PROVIDE THE RECORD AND FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-10-01
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-09-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2020-09-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE WESTWATER CONSTRUCTION, INC.'S MOTION TO DISMISS APPEAL OR IN THE ALTERNATIVE MOTION TO REQUIRE APPELLANT TO PROVIDE THE RECORD AND FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2020-09-30
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2020-09-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
SARASOTA CLERK
|
|
| Docket Date |
2020-09-14
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ ***STRICKEN***
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-09-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ ***STRICKEN***
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-08-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant Michael Kim's pro se motion to reinstate Trail Management LLC as an additional appellant is treated as a motion for rehearing of this court's June 11, 2020, order. The motion is stricken as both untimely, see Fla. R. App. P. 9.330(a)(1), and as filed by a person unauthorized to represent a corporate entity, see Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008).
|
|
| Docket Date |
2020-08-17
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Rehearing on an Order ~ *treated as a motion for rehearing of this court's June 11, 2020, order.* MOTION TO REINSTATE TRAIL MANAGEMENT, LLC AS AN ADDITIONAL APPELLANT
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-08-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ INDIGENCY APPLICATION - NOT INDIGENT
|
| On Behalf Of |
SARASOTA CLERK
|
|
| Docket Date |
2020-08-04
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Brief Overdue ~ The appellant shall serve the initial brief within 30 days of the date of this order, failing which the appellant risks dismissal of this appeal for failure to prosecute.
|
|
| Docket Date |
2020-07-30
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Appendix/Attachment to Notice ~ INDIGENCY FORM NO DETERMINATION
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-07-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
SARASOTA CLERK
|
|
| Docket Date |
2020-05-26
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Appendix/Attachment to Notice
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-05-11
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ The appellant filed in this court a "notice of bankruptcy proceeding" on May 7, 2020, the deadline set in this court's April 27, 2020, order for a response to that order. The filing does not appear to be responsive to that order. The appellant shall within 10 days of the date of the present order file a response that is responsive to the court's April 27, 2020, order, failing which the appeal will be subject to dismissal without further notice.
|
|
| Docket Date |
2020-04-24
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ NOTICE OF BANKRUPTCY PROCEEDING
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-04-15
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ The clerk of the circuit court has transmitted to this court a copy of appellee Westwater Construction, Inc.'s "notice of filing the excerpt of bankruptcy proceeding..." styled in the trial court. Within 10 days of the date of this order, appellant Trail Management, LLC, shall file in this court a notice of bankruptcy proceeding if the appellant is in bankruptcy. The notice shall clarify the current status of any bankruptcy stay.
|
|
| Docket Date |
2020-04-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ NOTICE OF FILING THE EXCERPT OF BANKRUPTCY PROCEEDING REFLECTING STAY RELIEF FOR PURPOSES OF WESTWATER'S MOTION FOR POST-TRIAL ATTORNEYS' FEES AND COSTS (forwarded from circuit court)
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2020-03-24
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's March 20, 2020, order to show cause is hereby discharged.
|
|
| Docket Date |
2022-01-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO APPOINT A SPECIAL MASTER FOR THE LIMITED SCOPE OF WHETHER WESTWATER PERFECTED ITS MECHANICS LIEN AND WHETHER THE LIEN WAS 100% FRUADULENT
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2021-08-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within ten days from the date of this order, Appellant shall show cause why this appeal should not be dismissed. In his response, Appellant shall address the following: (1) whether this appeal is moot in light of the final sale of the subject property pursuant to the United States Bankruptcy Court's "order granting chapter 7 trustee's motion to sell property of the estate and authorize disbursement of sale proceeds," in In re: Trail Management, LLC, case no. 8:20-bk-00963-CPM; and (2) under what facts and legal theory Appellant asserts standing to bring this appeal. Appellee shall have ten days from the date of service of Appellant's response to file a reply.
|
|
| Docket Date |
2021-03-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2021-03-19
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ EXHIBIT B
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2021-01-29
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ Appellee's motion to dismiss is denied. Appellee's motion to strike appellant's initial brief and appendix is granted to the extent that the federal court order ("Exhibit B") in the appendix to the amended initial brief, as well as the last paragraph on page 5 and the first paragraph on page 6 in the initial brief are stricken. Appellee's motion for extension of time to serve the answer brief is granted and the answer brief shall be served within 30 days from the date of this order.
|
|
| Docket Date |
2020-12-01
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief ~ *amended brief stricken in part.- see 1/29/21 order.*
|
| On Behalf Of |
MICHAEL KIM
|
|
| Docket Date |
2020-12-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
WESTWATER CONSTRUCTION, INC.
|
|
| Docket Date |
2020-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Denying Extension of Answer Brief ~ The appellee's motion for extension of time is denied as premature.
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|
| Docket Date |
2020-06-11
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's April 27, 2020, order to show cause is discharged. This appeal is dismissed as to Trail Management, LLC, as from a void notice of appeal. See Hewett v. Wells Fargo Bank, N.A., 197 So. 3d 1105 (Fla. 2d DCA 2016); AmMed Surgical Equip., LLC v. Prof'l Med. Billing Specialists, LLC, 2D14-4968, 162 So. 3d 209 (Fla. 2d DCA 2015); but see 11 U.S.C. § 108(c). The style of this case has been amended accordingly.Appellant Michael Kim shall arrange for record preparation and shall serve the initial brief, on his own behalf only, within 45 days of the date of this order.
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|
| Docket Date |
2020-04-27
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ ***DISCHARGED - SEE 6/11/2020 ORDER***Within 10 days from the date of this order, the appellant shall show cause why this appeal should not be dismissed as to Trail Management, LLC, as attempted to be initiated with a void notice of appeal as to Trail Management LLC. The notice of appeal was filed after this appellant filed a bankruptcy petition in the federal court. See Hewett v. Wells Fargo Bank, N.A., 197 So. 3d 1105 (Fla. 2d DCA 2016); AmMed Surgical Equip., LLC v. Prof'l Med. Billing Specialists, LLC, 2D14-4968, 162 So. 3d 209 (Fla. 2d DCA 2015); but see 11 U.S.C. § 108(c).To the extent that the Bankruptcy Court for the Middle District of Florida in case 8:20-bk-963 lifted the stay in its February 6, 2020, order the language of that order appears to lift the stay for purposes of trial only. ("The automatic stay is modified for the limited purpose of permitting the Twelfth Judicial Circuit Court to conduct, at the earliest possible date(s), a trial in the State Court Action, which trial is currently scheduled for February 13-14, 2020, and to enter judgment following such trial. . . . To be clear, it is this Court's intent that the trial in the State Court Action go forward as scheduled before the Twelfth Judicial Circuit Court and nowhere else.").
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