Opinion
No. 2D12–1910.
2013-03-1
Bruce J. KAVITSKY & Gilda Tesser, Appellant/Petitioner(s), v. SUN QUEST HOMES, INC., Appellee/Respondent(s).
BY ORDER OF THE COURT.
The response of the appellants filed on February 4, 2013, is stricken as to Gilda Tesser. The appellants were previously notified by order of April 30, 2012, that the holder of a power of attorney is not authorized to sign pleadings on behalf of another person.
This appeal, which has been pending since April 2012, cannot proceed without a record, and the circuit court clerk has sent this court several notices that the appellants have not paid for the record. It is clear from the Mr. Kavitsky's response that the appellants have no intent to do so at this time. On October 9, 2012, the appellants were ordered to submit their initial brief within 20 days or risk dismissal of the appeal. They have not filed a brief as ordered.
The court rejects the suggestion in the appellants' response that it should vacate the judgment on appeal based upon the appellants' allegations of fraud.
Appellee's motion to strike appellant's response, verified motion to dismiss appeal and for award of appellate attorney's fees is denied as moot.
Accordingly, the appellees' motions to dismiss are granted. The appellees' motions for attorneys' fees are granted in an amount to be determined by the circuit court.