| Docket Date |
2014-06-13
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2014-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Recall Mandate
|
| Description |
ORD-To Recall Mandate ~ ORDERED that this court¿s mandate issued May 9, 2014, is hereby withdrawn as issued in error.
|
|
| Docket Date |
2014-05-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate ~ ***MANDATE WITHDRAWN 5/9/14***
|
|
| Docket Date |
2014-02-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Recall Mandate
|
| Description |
ORD-To Recall Mandate ~ ORDERED that this court¿s mandate issued February 07, 2014, is hereby withdrawn as issued in error.
|
|
| Docket Date |
2014-02-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-02-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate ~ ***MANDATE WITHDRAWN 02/11/14***
|
|
| Docket Date |
2013-12-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that the appellants' motion filed December 26, 2013, for extension is granted, and the time in which to file a motion for rehearing is hereby extended fifteen (15) days from the date of entry of this order.
|
|
| Docket Date |
2013-12-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-12-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2013-12-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ We dismiss the above-styled appeal for lack of jurisdiction, as the order sought to be appealed is a non-final, nonappealable order. The December 13, 2011 order merely granted the motion to dismiss, and the March 5, 2012 order simply clarified that the December 13 order was "valid" and that a conflicting order in the court file was "null and void." An order which merely grants a motion to dismiss is not a final order. Paulino v. BJ's Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013). Because the trial court never entered a final order of dismissal, it retained jurisdiction to vacate its prior order. See Silvestrone v. Edell, 721 So. 2d 1173, 1175 (Fla. 1998); Precision Tune Autocare, Inc. v. Radcliff, 731 So. 2d 744, 745 (Fla. 4th DCA 1999). Because the order sought to be appealed vacated an order granting a motion to dismiss, it was the functional equivalent of the denial of a motion to dismiss. Such an order is not appealable. See Johnson v. Girtman, 44 So. 3d 261 (Fla. 4th DCA 2010); Marsh & McLennan, Inc. v. Aerolineas Nacionales Del Ecuador, 530 So. 2d 971 (Fla. 3d DCA 1988) (en banc); further, ORDERED that appellants' motion filed August 29, 2013, for appellate attorneys' fees is hereby denied.
|
|
| Docket Date |
2013-11-12
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ Dispensed with oral argument.
|
|
| Docket Date |
2013-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's motion filed August 27, 2013, for extension of time is granted, and appellant shall serve the reply brief on or before September 3, 2013. In addition, if the reply brief is served after the time provided for in this order said brief may be stricken.
|
|
| Docket Date |
2013-08-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO REPLY BRIEF
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-08-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-08-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (DENIED 12/11/13)
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-08-27
|
| 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 |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-07-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
UNITED NATIONAL INSURANCE CO.
|
|
| Docket Date |
2013-07-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ TO 07/31/13
|
|
| Docket Date |
2013-07-01
|
| 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 |
UNITED NATIONAL INSURANCE CO.
|
|
| Docket Date |
2013-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's (United National) motion filed May 10, 2013, to dismiss is hereby denied.
|
|
| Docket Date |
2013-05-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF ADOPTION OF APPELLANT'S INITIAL BRIEF AND RESPONSE IN OPPOSITION TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ (ASAP GRAPHICS, INC., d/b/a IDENTITY GRAPHICS & PRINTING, INC., A FLORIDA CORP.; ISLAND PROPERTIES EXUMAN, INC., A FLORIDA CORP.; AND JOHN WOHLFORD AS APPELLANTS)
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-05-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellant's notice filed May 9, 2013, of withdrawal of motion to supplement is hereby determined to be moot. Said motion was rejected by this court's electronic filing system.
|
|
| Docket Date |
2013-05-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO RESPONSE TO MOTION TO DISMISS
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-05-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-05-20
|
| 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 |
2013-05-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-05-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Erin E. Pogue 0099616
|
|
| Docket Date |
2013-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-05-10
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings ~ (RECEIVED 5/9/13)
|
| On Behalf Of |
KENNETH LEFOVSKY
|
|
| Docket Date |
2013-05-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2013-05-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION TO SUPP. ROA (RECEIVED 5/9/13)
|
| On Behalf Of |
UNITED NATIONAL INSURANCE CO.
|
|
