| Docket Date |
2020-09-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that appellee’s June 22, 2020 “motion for reconsideration of the April 20, 2020 order denying [appellee’s] motion to dismiss the appeal as to Kamal Fereg” is granted. This court determines that Kamal Fereg does not have standing to appeal the “final order dismissing counterclaim,” as the counterclaim was only filed by America Best Car Rental KF Corp. The appeal is dismissed as to appellant Kamal Fereg. Further, ORDERED sua sponte that the appeal is dismissed as to the remaining appellant, America Best Car Rental KF Corp. for failure to obtain counsel pursuant to this court’s May 28, 2020 order. Further, ORDERED that appellee’s March 26, 2020 motion for attorneys’ fees is granted as to appellant America Best Car Rental KF Corp, but denied as to appellant Kamal Fereg. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.DAMOORGIAN, MAY and CONNER, JJ., concur.
|
|
| Docket Date |
2020-09-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-08-12
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's August 11, 2020 order is amended to correct the service list as follows: ORDERED that appellant Kamal Fereg is directed to respond, within ten (10) days from the date of this order, to appellee’s June 22, 2020 response to June 19, 2020 order to show cause, motion for reconsideration and notice that the appeal by America Best Car Rental is due to be dismissed.
|
|
| Docket Date |
2020-08-11
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant Kamal Fereg is directed to respond, within ten (10) days from the date of this order, to appellee’s June 22, 2020 response to June 19, 2020 order to show cause, motion for reconsideration and notice that the appeal by America Best Car Rental is due to be dismissed.
|
|
| Docket Date |
2020-06-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ MOTION FOR RECONSIDERATION OF THE APRIL 20, 2020 ORDER DENYING APPELLANT'S MOTION TO DISMISS THE APPEAL AS TO KAMAL FEREG,AND NOTICE THAT THE APPEAL BY AMERICA BEST CAR RENTAL IS DUE TO BE DISMISSED
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2020-06-19
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2020-06-18
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
AMERICA BEST CAR RENTAL KF CORP.
|
|
| Docket Date |
2019-11-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant, America Best Car Rental KF, Corp.’s November 19, 2019 amended motion for extension of time is granted, and the time for filing a response to appellee’s motion to determine appellate jurisdiction prior to full briefing is extended to and including November 27, 2019.
|
|
| Docket Date |
2019-11-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO APPELLEE'S MOTION TO DETERMINE APPELLATE JURISDICTION PRIOR TO FULL BRIEFING
|
| On Behalf Of |
AMERICA BEST CAR RENTAL KF CORP.
|
|
| Docket Date |
2019-11-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF THE DEATH OF CO-COUNSEL
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2019-11-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DETERMINE APPELLATE JURISDICTION
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2019-11-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO DETERMINE APPELLATE JURISDICTION PRIOR TO FULL BRIEFING
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2019-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2019-10-24
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
AMERICA BEST CAR RENTAL KF CORP.
|
|
| Docket Date |
2019-10-11
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on October 1, 2019, appellants are ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2019-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL ORDER DISMISSING COUNTERCLAIM
|
| On Behalf Of |
AMERICA BEST CAR RENTAL KF CORP.
|
|
| Docket Date |
2019-10-01
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-09-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
AMERICA BEST CAR RENTAL KF CORP.
|
|
| Docket Date |
2019-09-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-05-28
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the May 7, 2020 motion of the Kogan Firm, P.A., and Pavel Kogan, Esq., for leave to withdraw as counsel for America Best Car Rental KF Corp. is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 1st DCA 2008). Accordingly, it isORDERED that the appeal or cross-appeal on behalf of America Best Car Rental KF Corp. shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf; further,ORDERED that this case is stayed pending the above.
|
|
| Docket Date |
2020-05-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
AMERICA BEST CAR RENTAL KF CORP.
|
|
| Docket Date |
2020-04-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ Upon consideration of appellee’s December 13, 2019 response to this court’s December 10, 2019 order to show cause, ORDERED that the above-styled appeal is not stayed by virtue of 11 U.S.C. § 362. The appellant Kamal Fereg’s bankruptcy petition has been dismissed. Further,Upon consideration of appellant American Best Car Rental KF Corp.’s April 6, 2020 response to appellee’s motion to determine appellate jurisdiction, ORDERED that appellee’s November 1, 2019 “motion to determine appellate jurisdiction prior to full briefing” is granted in that this court determines it has jurisdiction to proceed with the appeal pursuant to Florida Rule of Appellate Procedure 9.110(k). The circuit court’s dismissal of appellants’ permissive counterclaims adjudicated distinct and severable causes of actions. See 4040 IBIS Circle, LLC v. JPMorgan Chase Bank, 193 So. 3d 957, 960 (Fla. 4th DCA 2016). Further,ORDERED that appellee’s December 13, 2019 “motion to dismiss the appeal as to Kamal Fereg” is denied.
|
|
| Docket Date |
2020-04-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (AMERICA BEST CAR RENTAL KF CORP.) TO APPELLEE'S MOTION TO DETERMINE APPELLATE JURISDICTION
|
| On Behalf Of |
AMERICA BEST CAR RENTAL KF CORP.
|
|
| Docket Date |
2020-03-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **GRANTED IN PART, DENIED IN PART. SEE 09/01/2020 ORDER.**
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2020-03-24
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellee’s February 18, 2020 “appellee’s motion for order to show cause as to why this appeal should not be dismissed for lack of prosecution and appellants’ disregard of court orders” is granted. Further,ORDERED that appellants in the above–styled case are 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 appellants have failed to respond to this court’s orders. Failure to respond to this order will result in a sua sponte dismissal without further notice. If appellants respond to this court’s February 4, 2020 order which requires appellants to respond to appellee’s November 1, 2019 "motion to determine appellate jurisdiction prior to full briefing" and appellee’s December 13, 2019 motion to dismiss within this time, the order to show cause will be considered automatically discharged without further order.ORDERED that appellee’s November 1, 2019 “motion to determine appellate jurisdiction prior to full briefing” shall be held in abeyance upon this court’s issuance of the order to show cause why this appeal should not be dismissed for lack of prosecution and disregard of this court’s orders. Further,ORDERED that appellee’s December 13, 2019 motion to dismiss the appeal as to Kamal Fereg shall be held in abeyance upon this court’s issuance of the order to show cause why this appeal should not be dismissed for lack of prosecution and disregard of this court’s orders.
|
|
| Docket Date |
2020-03-05
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2020-02-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2020-02-04
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that, within ten (10) days from the date of this order, appellants shall file a response to appellee's November 1, 2019 "motion to determine appellate jurisdiction prior to full briefing." Further, ORDERED that, within ten (10) days from the date of this order, appellants shall respond to appellee's December 13, 2019 motion to dismiss. Further, ORDERED that this court's December 10, 2019 order to show cause is discharged, as the bankruptcy proceeding was dismissed.
|
|
| Docket Date |
2020-01-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 479 PAGES (PAGES 1-469)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-01-10
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant, Kamal Fereg, is directed to respond, within ten (10) days from the date of this order, to appellee’s December 13, 2019 motion to dismiss.
|
|
| Docket Date |
2020-01-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ SHOWING THAT FEREG'S BANKRUPTCY PROCEEDING IS DISMISSED
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2019-12-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ **DENIED, SEE 04/20/2020 ORDER** AS TO KAMAL FEREG AND RESPONSE TO SHOW CAUSE
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2019-12-10
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
AMERICA BEST CAR RENTAL KF CORP.
|
|
| Docket Date |
2019-12-10
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ **DISCHARGED 02/04/2020**A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2019-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant's November 27, 2019 second motion for extension of time is granted, and the time for filing a response to appellee’s motion to determine appellate jurisdiction prior to full briefing is extended to and including December 12, 2019.
|
|
| Docket Date |
2019-11-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
AMERICA BEST CAR RENTAL KF CORP.
|
|
| Docket Date |
2019-11-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AND CONSENT TO APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
FORT LAUDERDALE AUTO LEASING, CORP.
|
|
| Docket Date |
2019-11-22
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-09-10
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ 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. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ's Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). 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 |
2019-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
AMERICA BEST CAR RENTAL KF CORP.
|
|
| Docket Date |
2019-09-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
