Docket Date |
2022-09-28
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
Leisure Village Inc. of Stuart
|
|
Docket Date |
2023-03-03
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-03-03
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-02-15
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Citation
|
|
Docket Date |
2023-02-15
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s November 9, 2022 motion for award of attorney's fees is granted. 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. Further,ORDERED that the motion for court costs filed by Leif J. Grazi is denied without prejudice to seek costs in the trial court.
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|
Docket Date |
2022-11-09
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ AND COURT COSTS
|
On Behalf Of |
Leisure Village Inc. of Stuart
|
|
Docket Date |
2022-11-02
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Leisure Village Inc. of Stuart
|
|
Docket Date |
2022-10-18
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2022-10-17
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2022-09-30
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ Upon consideration of appellee’s September 28, 2022 motion to dismiss, it is 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’ initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
Docket Date |
2022-09-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ September 12, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within five (5) days from the date of this order. 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.
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|
Docket Date |
2022-09-12
|
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 |
Virginia Evelyn Jones
|
|
Docket Date |
2022-08-31
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 338 PAGES
|
On Behalf Of |
Clerk - Martin
|
|
Docket Date |
2022-08-30
|
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 24, 2022 “motion for relief from payment of cost of preparation of record on appeal, and for enlargement of time to file initial brief” is granted. The clerk is directed to file the record on appeal with this Court within ten (10) days from the date of this order. See § 57.082(6), Fla. Stat. (2022) (“A case may not be impeded in any way, delayed in filing, or delayed in its progress, including the final hearing and order, due to nonpayment of any fees or costs by an indigent person.”). This ruling is without prejudice to the clerk pursuing any remedies available pursuant to section 28.246, Florida Statutes (2022), for payment, as the indigent party is required to pay for services of the clerk in preparation of the record. Section 57.081, Florida Statutes (2022), does not provide that the services of the court are provided without cost to the indigent party. Appellants shall file the initial brief within five (5) days from receipt of the record.
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|
Docket Date |
2022-08-24
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR RELIEF FROM PAYMENT OF COST OF PREPARATION OF RECORD ON APPEAL, AND FOR ENLARGEMENT OF TIME TO FILE INITIAL BRIEF
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2022-08-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that, upon consideration of appellants’ response filed on August 12, 2022, this court’s August 2, 2022 order to show cause is discharged. Further, ORDERED that appellants’ August 12, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before August 22, 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.
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Docket Date |
2022-08-12
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ AND MOTION FOR ENLARGEMENT OF TIME TO FILE INITIAL BRIEF
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2022-08-02
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**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' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
Docket Date |
2022-06-02
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status ~ VIRGINIA JONES- INDIGENT
|
On Behalf Of |
Clerk - Martin
|
|
Docket Date |
2022-05-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' May 18, 2022 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued to and including June 17, 2022.Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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|
Docket Date |
2022-05-18
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ AS TO FILING FEE AND MOTION FOR ENLARGMENT OF TIME
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2022-05-11
|
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 five (5) days from the date of this order, regarding the progress being made toward the relinquishment of jurisdiction to the trial court.
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|
Docket Date |
2022-04-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' March 30, 2022 "motion to enlarge time to determine civil indigent status" is treated as a motion to extend relinquishment and is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days. The appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties. The appellants and clerk of the lower tribunal shall comply with the deadlines provided in this court's February 28, 2022 order.
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|
Docket Date |
2022-03-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ **TREATED AS A MOTION FOR EXTENSION OF TIME FOR RELINQUISHMENT AND IS GRANTED. SEE THE 04/04/2022 ORDER.** TO DETERMINE CIVIL INDIGENT STATUS
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2022-02-28
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellants' January 31, 2022 motion to determine civil indigent status is treated as a motion to relinquish jurisdiction and is granted. Jurisdiction is relinquished for thirty (30) days for the limited purpose of determining the appellants’ indigent status. Within ten (10) days from the date of this order, the clerk of the lower tribunal shall review appellants' application for determination of indigent status and, if the application is denied, provide the reasons for denying the application in writing. See Fla. R. App. P. 9.430(a) ("The clerk of the lower tribunal’s reasons for denying the application shall be stated in writing and are reviewable by the lower tribunal.”). If the clerk of the lower tribunal denies appellants' application, appellants shall file a petition to review the clerk's determination of nonindigent status within ten (10) days from the date the applications are denied. See § 57.082(2)(e), Fla. Stat. (2021). The trial court shall rule on appellants' petition within ten (10) days from the date it is filed. If the trial court upholds the clerk's determination, appellants may file a motion for review of that order with this court. Fla. R. App. P. 9.430(a) ("Review of decisions by the lower tribunal shall be by motion filed in the court."); see also Saba v. Bush, 883 So. 2d 858, 859 (Fla. 1st DCA 2004) ("If [petitioner] is also found not be indigent for the appeal, his remedy is a motion for review in accordance with Florida Rule of Appellate Procedure 9.430."). The appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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|
Docket Date |
2022-01-31
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction ~ VIRGINIA EVELYN JONES & RICHARD GLEN MYERS, JR., MOTION TODETERMINE CIVIL INDIGENT STATUS
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2022-01-20
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Order
|
Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ ORDER DENYING VIRGINIA JONES AND RICHARD MYERS' REQUEST FOR REVIEW OF CLERK'S DETERMINATION DENYING CIVIL INDIGENCY
|
On Behalf Of |
Leisure Village Inc. of Stuart
|
|
Docket Date |
2022-01-20
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that, upon consideration of the lower tribunal clerk's denial of appellant's application for indigent status, appellants Virginia Jones and Richard Myers, Jr. shall comply with this court's filing fee order within ten (10) days from the date of this order.
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|
Docket Date |
2021-12-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellants' December 27, 2021 motion for extension of time is granted, and appellants shall submit an order from the lower tribunal as to the applications of civil indigent status on or before January 17, 2022.
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|
Docket Date |
2021-12-27
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ AS TO FILING FEE
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2021-12-03
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellants' December 1, 2021 renewed motion for extension of time is granted, and appellants shall submit an order from the lower tribunal as to the applications of civil indigent status on or before December 21, 2021.
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|
Docket Date |
2021-12-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ AS TO FILING FEE
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2021-11-29
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ ORDER APPEALED
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2021-11-29
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants' November 22, 2021 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
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|
Docket Date |
2021-11-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ **STRICKEN**
|
On Behalf Of |
Virginia Evelyn Jones
|
|
Docket Date |
2021-11-10
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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|
Docket Date |
2021-11-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-11-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2021-11-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Virginia Evelyn Jones
|
|