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United States Court Cases

Florida Fourth District Court Of Appeals

DANIEL'S TREE SERVICE INC vs NATIONAL CORE SERVICES CORP d/b/a GROUNDS GROUP LANDSCAPING

Date Docketed Description Filed By Notes
07/16/2021 Notice of Appeal Filed Mark H. Shore 476145
07/16/2021 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that 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 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 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. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services 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 lower tribunal clerk's determination of indigent status is filed.
07/16/2021 Acknowledgment Letter
07/19/2021 Case Filing Fee Paid Through Portal
07/19/2021 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 29, 2021 order is a nonfinal appealable order, as the order merely denies reconsideration of an underlying nonfinal order. See Seigler v. Bell, 148 So. 3d 473 (Fla. 5th DCA 2014); Agere Systems Inc. v. All American Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) (“[A]n order that simply denies a motion for reconsideration or rehearing of an underlying non-final order . . . is not in itself an appealable order.”). Further, Appellee may file a response within ten (10) days of service of that statement.
07/27/2021 Amended Notice of Appeal Clerk Broward CC01
07/27/2021 ORD-NOA Treated as Writ ORDERED that the Notice of Appeal filed with the clerk of the lower tribunal is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
07/27/2021 Writ of Certiorari / Acknowledgment letter
07/28/2021 Notice of Appearance Craig R. Lewis 0041358
08/16/2021 Petition for Certiorari Filed Mark H. Shore 0476145
08/16/2021 Appendix to Petition Mark H. Shore 0476145
08/17/2021 Order Striking Appendix - Non-Compliance With R. 9.220 ORDERED that petitioner’s appendix to the petition for writ of certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not consecutively paginated, beginning with the cover sheet as page 1. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
08/17/2021 Appendix to Petition Mark H. Shore 0476145 AMENDED
08/25/2021 Order-Original Proceeding Dismissed ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996). DAMOORGIAN, GERBER and FORST, JJ., concur.
08/25/2021 Dismissed - Order by Judge