| Docket Date |
2023-02-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-07-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 122 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-06-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellants’ March 7, 2023 motion for appellate attorney’s fees is denied.
|
|
| Docket Date |
2023-06-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-05-05
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2023-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2023-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee Theodore S. Kypreos, as Special Fiduciary’s March 17, 2023 motion for extension of time is granted, and the time for filing a response to appellants’ motion for attorney’s fees is extended until April 3, 2023.
|
|
| Docket Date |
2023-03-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellees’ March 22, 2023 amended motion for extension of time is granted, and the time for filing a response to appellants’ motion for attorney’s fees is extended until April 3, 2023.
|
|
| Docket Date |
2023-03-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ **Stricken**
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2023-03-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ March 22, 2023 motion for extension of time to file response 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).
|
|
| Docket Date |
2023-03-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2023-03-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 03/30/2023)
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2023-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ January 17, 2023 motion for extension of time is granted. Appellees’ answer brief was filed with this Court on January 20, 2023.
|
|
| Docket Date |
2023-01-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2023-01-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-12-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ Theodore S. Kypreos, as Special Fiduciary
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Theodore S. Kypreos, as Special Fiduciary’s December 1, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-12-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ Theodore S. Kypreos, as Special Fiduciary
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee’s October 14, 2022 motion to dismiss is denied. Fla. R. App. P. 9.170(b) (authorizing appeals from orders rendered in probate and guardianship proceedings that “finally determine a right or obligation of an interested person as defined in the Florida Probate Code”).
|
|
| Docket Date |
2022-11-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO THE MOTION TO DISMISS
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants’ October 31, 2022 motion for extension of time is granted, and the time for filing a response to appellees’ motion to dismiss is extended to November 10, 2022.
|
|
| Docket Date |
2022-10-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-10-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-10-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-10-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ John Edwards
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ Upon consideration of appellee John Edwards’ September 30, 2022 notice of agreed extension of time to file answer brief, it is ORDERED that appellee John Edwards’ September 30, 2022 motion for extension of time is determined to be moot.
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 7 DAYS TO 10/05/2022
|
|
| Docket Date |
2022-09-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ FOR APPELLEE JOHN EDWARDS
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ for Appellee John Edwards
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Theodore S. Kypreos’s, as Special Fiduciary, September 27, 2022 amended motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-09-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-09-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 5 DAYS TO 9/28/2022
|
|
| Docket Date |
2022-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ FOR APPELLEE JOHN EDWARDS
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-09-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (For Theodore S. Kypreos, as Special Fiduciary)
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-08-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ August 19, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before August 24, 2022. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-08-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-08-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' MOTION TO ESTABLISH BRIEFING SCHEDULE
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Set Briefing Schedule
|
| Description |
ORD-Setting Briefing Schedule ~ ORDERED that the appellants’ August 3, 2022 motion to establish briefing schedule is granted. The initial brief is to be filed within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2022-08-03
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Set Briefing Schedule
|
| Description |
Mot. to set briefing schedule
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-08-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION TO ESTABLISH BRIEFING SCHEDULE
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-08-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-07-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 7, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before July 7, 2022. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-06-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-06-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-04-11
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 35 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ LOWER TRIBUNAL COURT ORDER
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-03-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the circuit court is directed to file a status report, within twenty (20) days from the date of this order, regarding the progress being made toward the disposition of the pending motion for rehearing.
|
|
| Docket Date |
2022-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
John Adam Edwards
|
|
| Docket Date |
2022-02-24
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2022-02-15
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the disposition of the pending motion in the trial court.
|
|
| Docket Date |
2022-01-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2021-12-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2021-12-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-12-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ryan Maxwell
|
|
| Docket Date |
2021-12-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-06-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that appellee Theodore S. Kypreos’ renewed motion to dismiss for lack of jurisdiction is granted. The motion to dismiss was renewed in appellee Kypreos’ answer brief, specifically in footnote 6. The order on appeal merely directs the special fiduciary to decant the trusts; it does not, however, distribute the trust assets or otherwise determine how to divide the trusts before any assets will be distributed. Accordingly, the order does not finally determine any of appellants’ rights or obligations and is therefore not final from their perspective. See In re Est. of Nolan, 712 So. 2d 421, 423 (Fla. 2d DCA 1998) (reaffirming that “finality must be viewed from the perspective of the appellant who is challenging the order,” and holding that while the order determining the right of the administrator ad litem to file a will contest arguably finally determined the right or obligations of the administrator, the order did not determine any of the rights or obligations of the appellants and therefore the order was not final from their perspective); Fla. R. App. P. 9.170(b) (authorizing appeals from orders rendered in probate proceedings that “finally determine a right or obligation of an interested person as defined in the Florida Probate Code,” including orders that “make distributions to any beneficiary”).WARNER, DAMOORIGIAN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ February 16, 2023 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2022-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Theodore S. Kypreos, as Special Fiduciary’s December 23, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within fourteen (14) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants' July 1, 2022 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellants shall monitor the supplementation process.
|
|
| Docket Date |
2021-12-16
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2021-12-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2021), 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.
|
|
