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COREY TATE, Appellant(s) v. FAMILY POOLS INC., Appellee(s).
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4D2024-0314
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2024-02-06
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Open
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| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CC005647
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Parties
| Name |
Corey Tate
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| Role |
Appellant
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| Status |
Active
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| Name |
FAMILY POOLS, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Ryan Sanford Grazi
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| Name |
Unknown Tenant
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| Role |
Appellee
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| Status |
Active
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| Name |
Hon. Stephanie Farris Tew
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-08-08
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Motion for Extension of Time to Serve Answer Brief
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| Docket Date |
2024-10-15
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief
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| On Behalf Of |
Corey Tate
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| View |
View File
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| Docket Date |
2024-09-23
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
Family Pools, Inc.
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| View |
View File
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| Docket Date |
2024-08-15
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
ORDERED that Appellee's August 8, 2024 motion for extension of time is granted, and Appellee shall serve the answer brief within forty-five (45) days from the current due date. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
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| View |
View File
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| Docket Date |
2024-07-09
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
Corey Tate
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| View |
View File
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| Docket Date |
2024-06-24
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| Type |
Response
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| Subtype |
Response
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| Description |
Corey Tate's Declaration in Response to Appellee's Non-Objection Notice to Tate's Motion for Extension of Time
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| On Behalf Of |
Corey Tate
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| Docket Date |
2024-06-12
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORDERED that Appellant is directed to respond, within ten (10) days from the date of this order, to Appellee's June 11, 2024 notice.
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| View |
View File
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| Docket Date |
2024-06-11
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice of No Objection to Appellant's Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
Family Pools, Inc.
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| Docket Date |
2024-06-07
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| Docket Date |
2024-05-06
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Motion Showing Cause Why Appeal Should Not Be Dismissed and 30-Day Continuance Be Granted to File Initial Brief
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| Docket Date |
2024-04-24
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| Type |
Order
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| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| View |
View File
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| Docket Date |
2024-04-16
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal; 464 Pages
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| On Behalf Of |
Palm Beach Clerk
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| Docket Date |
2024-04-08
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| Type |
Notice
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| Subtype |
Notice of Inability
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| Description |
Notice of Inability to Transmit Record on Appeal
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| On Behalf Of |
Palm Beach Clerk
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| Docket Date |
2024-03-26
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| Type |
Order
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| Subtype |
Order on Motion For Review
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| Description |
Order on Motion For Review
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| View |
View File
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| Docket Date |
2024-03-14
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
Emergency Motion To Stay Pending Appeal of the Judgment and Order Denying Appellant's Motion to Vacate
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| Docket Date |
2024-02-29
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| Type |
Order
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| Subtype |
Order
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| Description |
ORDERED that, upon consideration of appellant's February 28, 2024 response, this appeal shall proceed from the January 29, 2024 "Final Judgment Foreclosing Family Pools, Inc.'s Lien." See Fla. R. App. P. 9.110(h).
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| View |
View File
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| Docket Date |
2024-02-28
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| Type |
Response
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| Subtype |
Response
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| Description |
Response and Request to Amend His Response to Tolling of His Premature Notice of Appeal
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| On Behalf Of |
Corey Tate
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| Docket Date |
2024-02-15
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| Type |
Event
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| Subtype |
Fee Satisfied
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| Description |
Fee Satisfied
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| View |
View File
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| Docket Date |
2024-02-12
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on February 2, 2024, and the Notice reflects July 13, 2023, as the date of the order being appealed. See Hatton v. Barnett Bank of Palm Beach Cnty., 550 So. 2d 65 (Fla. 2d DCA 1989) ("Motions for relief from judgments are filed pursuant to Florida Rule of Civil Procedure 1.540; motions for rehearing are filed pursuant to rule 1.530. The former do not suspend rendition of the final judgment (and therefore do not toll the time for filing an appeal) but the latter do."). ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined. ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
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| View |
View File
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| Docket Date |
2024-02-07
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order on Filing Fee
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| View |
View File
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| Docket Date |
2024-02-07
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-02-06
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| Docket Date |
2024-06-10
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORDERED that Appellant's June 7, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before July 7, 2024. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| View |
View File
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| Docket Date |
2024-05-08
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORDERED that, upon consideration of Appellant's May 6, 2024 motion, this court's April 24, 2024 order to show cause is discharged. Further, ORDERED that Appellant's May 6, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| View |
View File
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COREY TATE VS FAMILY POOLS, INC.
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4D2023-1422
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2023-06-12
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Closed
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| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CC005647
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Parties
| Name |
Corey Tate
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| Role |
Appellant
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| Status |
Active
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| Name |
FORECLOSURE, INC.
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| Role |
Appellant
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| Status |
Active
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| Name |
Hon. Stephanie F. Tew
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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| Name |
FAMILY POOLS, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Grazi & Gianio, LLP
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Docket Entries
| Docket Date |
2023-07-11
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| Docket Date |
2023-07-11
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2023-06-14
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ *Amended
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| Docket Date |
2023-06-13
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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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| Docket Date |
2023-06-13
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2023-06-12
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
DM:No Fee - Case Dismissed
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| Docket Date |
2023-06-12
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Corey Tate
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| Docket Date |
2023-06-15
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| 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 June 6, 2023 order is not prematurely appealed, as the lower court states it will hold an evidentiary hearing as to the amount of damages sustained. See 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."); Hernando Cnty. v. Leisure Hills, Inc., 648 So. 2d 257 (Fla. 5th DCA 1994) (holding that issue of damages is so intertwined with substance of a claim as to render an order reserving jurisdiction to determine damages nonfinal). Further,Appellee may file a response within ten (10) days of service of that statement.
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COREY TATE VS FAMILY POOLS, INC.
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4D2023-1430
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2023-06-09
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Closed
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| Classification |
Original Proceedings - County Civil - Mandamus
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CC005647
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Parties
| Name |
FAMILY POOLS, INC.
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| Role |
Respondent
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| Status |
Active
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| Name |
Hon. Lauren Burke
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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| Name |
Corey Tate
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| Role |
Appellant
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| Status |
Active
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| Name |
15th Judicial Circuit Court of Palm Beach County
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| Role |
Respondent
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| Status |
Active
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| Representations |
Ryan Sanford Grazi
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Docket Entries
| Docket Date |
2023-08-04
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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| Docket Date |
2023-08-04
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ - Mandamus ~ ORDERED that the June 9, 2023 petition for writ of mandamus is denied.CIKLIN, LEVINE and CONNER, JJ., concur.
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| Docket Date |
2023-06-16
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
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| Description |
Certificate of Indigency ~ CLERK'S CERTIFICATE OF INDIGENCYThe Clerk of the District Court of Appeal, Fourth District, has received for filing a Motion to be Relieved of Costs, an Affidavit of Indigency, and a Certificate of Counsel (if required), and issues this Certificate of Indigency in accordance with section 57.081(1), Florida Statutes (2021). This case shall proceed without the requirement of prepayment of fees and costs, subject to the provisions of section 57.081(3), Florida Statutes (2021).
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| On Behalf Of |
Corey Tate
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| Docket Date |
2023-06-16
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus / Acknowledgment letter
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| Docket Date |
2023-06-12
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus / Acknowledgment letter
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| Docket Date |
2023-06-09
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
Corey Tate
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| Docket Date |
2023-06-09
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus
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| On Behalf Of |
Corey Tate
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| Docket Date |
2023-06-09
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
WV:Waived
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| Docket Date |
2023-06-12
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes (2021), did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes (2021), must be filed in this Court within ten (10) days from the date of the entry 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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