| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-12878
|
Parties
| Name |
BRANDSMART USA OF SOUTH DADE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Juan C. Zorrilla, Victor M. Velarde
|
|
| Name |
FITNESS INTERNATIONAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MATTHEW R. CHAIT, SEAN M. SMITH
|
|
| Name |
Hon. Barbara Areces
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-20
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-02-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-31
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court ATFANAO (DA11A) ~ Upon consideration, Appellant’s Motion for Clarification is granted, and this Court’s Order, dated January 6, 2023, is hereby withdrawn. Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed as one taken from a non-final, non-appealable order—i.e., the trial court’s “Order on Plaintiff’s Motion for Summary Judgment and Defendant’s Motion for Summary Judgment.” See Cardiothoracic & Vascular Surgery, P.A. v. W. Fla. Reg’l Med. Ctr., 993 So. 2d 1060 (Fla. 1st DCA 2008); Libman v. Fla. Wellness & Rehab. Ctr., Inc., 260 So. 3d 515, 517 (Fla. 3d DCA 2018).
|
|
| Docket Date |
2023-01-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-01-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
BRANDSMART USA OF SOUTH DADE, INC.
|
|
| Docket Date |
2023-01-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court ATFANAO (DA11A) ~ [Order Withdrawn 1/31/23] Upon the Court's own motion, it is ordered that the above-styled appeal is hereby dismissed as one taken from a non-final, non-appealable order, as the order is not reviewable separately from the judgment to which it applies. See Fla. R. App. P. 9.130(a)(4) ("Orders disposing of motions for rehearing or motions that suspend rendition are not reviewable separately from a review of the final order; provided that orders granting motions for new trial in jury and nonjury cases are reviewable by the method prescribed in rule 9.110."); see also Jockey Club Condo. Apartments, Inc. v. B.V.K., LLC, 237 So. 3d 1118 (Fla. 3d DCA 2018).
|
|
| Docket Date |
2023-01-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Withdrawn 1/31/23
|
|
| Docket Date |
2022-12-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
BRANDSMART USA OF SOUTH DADE, INC.
|
|
| Docket Date |
2022-12-15
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Appellant shall show cause, within ten (10) days from the date of this Order, as to why the appeal should not be dismissed as one taken from a non-final, non-appealable order. See Cardiothoracic and Vascular Surgery, P.A. v. W. Fla. Reg'l Med. Ctr., 993 So. 2d 1060 (Fla. 1st DCA 2008); Libman v. Fla. Wellness & Rehab. Ctr., Inc., 260 So. 3d 515 (Fla. 3d DCA 2018).
|
|
| Docket Date |
2022-11-30
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ OCTOBER 20, 2022 ORDER DESIGNATED IN NOTICE OF APPEAL
|
| On Behalf Of |
BRANDSMART USA OF SOUTH DADE, INC.
|
|
| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
AA TO FILE ORDER APPEALED (OR34) ~ Counsel for Appellant is ordered to file, within ten (10) days from the date of this Order, a conformed copy of the October 20, 2022 order designated in the Notice of Appeal. See Fla. R. App. P. 9.110(d).
|
|
| Docket Date |
2022-11-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2022-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Fitness International, LLC
|
|
| Docket Date |
2022-11-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
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