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United States Court Cases

Florida Fourth District Court Of Appeals

STATE OF FLORIDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ETC vs NE 32ND STREET LLC et al

Date Docketed Description Filed By Notes
07/29/2021 Notice of Appeal Filed Timothy Newhall 0391255
07/30/2021 Acknowledgment Letter
07/30/2021 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.
07/30/2021 Motion To Relinquish Jurisdiction Timothy Newhall 0391255
07/30/2021 Appendix Timothy Newhall 0391255 TO MOTION TO RELINQUISH JURISDICTION
08/02/2021 Order Vacated ORDERED that this court's July 30, 2021 filing fee order is vacated.
08/03/2021 Stricken - No or Noncompliant Cert. of Service ORDERED that appellant’s July 30, 2021 motion to relinquish jurisdiction is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
08/03/2021 Motion To Relinquish Jurisdiction Timothy Newhall 0391255 AMENDED
08/03/2021 Appendix Timothy Newhall 0391255 AMENDED APPENDIX TO MOTION TO RELINQUISH JURISDICTION
08/18/2021 Response Ricardo Alberto Reyes 0864056 IN OPPOSITION TO APPELLANT'S AMENDED MOTION TO RELINQUISH JURISDICTION
08/18/2021 Appendix to Response Ricardo Alberto Reyes 0864056
08/27/2021 Motion for leave to file reply Timothy Newhall 0391255
09/09/2021 ORD-Sua Sponte Dismissed for Lack of Jurisdiction ORDERED that appellant’s August 27, 2021 motion for leave to file a reply is granted and is deemed accepted. It is further ORDERED that upon consideration of the appellee’s August 18, 2021 response and the appellant’s August 27, 2021 reply, the above-styled case is dismissed for lack of subject matter jurisdiction because the June 28, 2021 order is not a non-final appealable order under Florida Rule of Appellate Procedure 9.130(a)(3)(B) or Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). Further, ORDERED that appellant’s August 3, 2021 amended motion to relinquish jurisdiction is determined to be moot. CONNER, C.J., FORST and KLINGENSMITH, JJ., concur.
09/09/2021 Dismissed - Order by Judge