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NICOLE BURLINSON, Appellant(s) v. CRAIG WILSON, Appellee(s).
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4D2024-2169
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2024-08-26
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Open
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
2013DR000204
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Parties
| Name |
Nicole Burlinson
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CRAIG WILSON AND COMPANY, INCORPORATED
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard Atwood Barlow
|
|
| Name |
Hon. Sherwood Bauer, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Martin Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-21
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDERED that this court's November 15, 2024 order of dismissal is vacated.
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| View |
View File
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|
| Docket Date |
2024-11-15
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| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Nicole Burlinson
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| View |
View File
|
|
| Docket Date |
2024-11-15
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| View |
View File
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|
| Docket Date |
2024-11-15
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
|
| Description |
Motion to Enlarge Time and Notice of Related Cases
|
|
| Docket Date |
2024-10-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, Appellant shall pay the $300.00 filing fee within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure of Appellant to comply with this order will result in the dismissal of this appeal.
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| View |
View File
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| Docket Date |
2024-10-29
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
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|
| Docket Date |
2024-09-12
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| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
|
| Docket Date |
2024-09-04
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| Type |
Notice
|
| Subtype |
Notice of Compliance
|
| Description |
Notice of Compliance With Order on Filing Fee
|
|
| Docket Date |
2024-09-03
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
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|
| Docket Date |
2024-08-26
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
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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| View |
View File
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| Docket Date |
2024-08-26
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
|
|
| Docket Date |
2024-08-26
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-20
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| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
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| Description |
ORDERED that, upon consideration of Appellant's response filed December 17, 2024, this court's December 3, 2024 order to show cause is discharged.
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| View |
View File
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|
| Docket Date |
2024-12-17
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| Type |
Response
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| Subtype |
Response
|
| Description |
Corrected Response to Order to Show Cause For Lack of Timely Prosecution
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| On Behalf Of |
Nicole Burlinson
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|
| Docket Date |
2024-12-14
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response to Order to Show Cause
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| On Behalf Of |
Nicole Burlinson
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|
| Docket Date |
2024-12-03
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORDERED that Appellant's November 15, 2024 motion to enlarge time is denied as moot.
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| View |
View File
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| Docket Date |
2024-09-03
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
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 (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, 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 the entry 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. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, Appellant shall file a copy of that order in this court. If Appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, Appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of Appellant to comply with this order will result in the dismissal of this appeal. **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.
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| View |
View File
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NICOLE BURLINSON, Appellant(s) v. CRAIG WILSON, Appellee(s)
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4D2023-0464
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2023-02-22
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Closed
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|
| Classification |
NOA Final - County Criminal Misdemeanor - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432022MM01333
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432013DR000204
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Parties
| Name |
Nicole Burlinson **C**
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| Role |
Appellant
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| Status |
Active
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| Representations |
Palm Beach Public Defender, Alan Terry Lipson
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|
| Name |
STATE OF FLORIDA LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Attorney General-W.P.B., Richard A. Barlow, Alexandra Antoinette Folley
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|
| Name |
CRAIG WILSON AND COMPANY, INCORPORATED
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Brett M. Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-05-26
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/29/23.
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| Docket Date |
2023-04-28
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| Type |
Record
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| Subtype |
Record on Appeal Confidential
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| Description |
Confidential Records ~ (226 PAGES) 22001333MMAXMX
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| On Behalf Of |
Clerk - Martin
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|
| Docket Date |
2023-04-13
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Nicole Burlinson **C**
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|
| Docket Date |
2023-04-12
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| Type |
Record
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| Subtype |
Record on Appeal Confidential
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| Description |
Confidential Records ~ (357 PAGES)
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| On Behalf Of |
Clerk - Martin
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|
| Docket Date |
2023-02-23
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee - pro se criminal 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. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. If you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court.If you do not have an order or a determination of indigent status and believe that you are insolvent, complete the enclosed application and mail to the clerk of the lower tribunal within thirty (30) days from the date of this order. A Notice of Compliance that you have applied for indigent status must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
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| Docket Date |
2023-06-30
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/29/23.
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| Docket Date |
2024-07-30
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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| Docket Date |
2024-07-12
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
ORDERED that Appellant's June 21, 2024 pro se motion for rehearing and clarification is denied.
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| View |
View File
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| Docket Date |
2024-07-12
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2024-06-26
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2024-06-21
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| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing and Clarification
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|
| Docket Date |
2024-06-20
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to file Motion for Rehearing and Clarification
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|
| Docket Date |
2024-06-05
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part
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| View |
View File
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|
| Docket Date |
2024-02-15
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| Type |
Brief
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| Subtype |
Initial Brief
|
| Description |
Initial Brief
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| On Behalf Of |
Nicole Burlinson **C**
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|
| Docket Date |
2024-01-30
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| Type |
Order
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| Subtype |
Order on Miscellaneous Motion
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| Description |
Order on Miscellaneous Motion
|
| View |
View File
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|
| Docket Date |
2024-01-11
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Remove the State of Florida as a Party
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| On Behalf Of |
Nicole Burlinson **C**
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|
| Docket Date |
2023-12-27
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| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that appellant is directed to respond, within fifteen (15) days from the date of this order, to appellee's November 30, 2023 motion to remove the State of Florida as a party.
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| View |
View File
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| Docket Date |
2023-11-30
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Motion to Remove the State of Florida as a Party
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|
| Docket Date |
2023-11-01
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| Type |
Record
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| Subtype |
Supplemental Record
|
| Description |
Supplemental Record - 16 Pages
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| On Behalf Of |
Clerk - Martin
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|
| Docket Date |
2023-11-01
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
L.T. Clerk's Notice
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| On Behalf Of |
Clerk - Martin
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|
| Docket Date |
2023-11-01
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Nicole Burlinson **C**
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|
| Docket Date |
2023-08-08
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| Type |
Notice
|
| Subtype |
Notice of Pending Motion Correct Sentencing Error
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| Description |
Notice of Pending Motion to Correct Sentencing Error
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| On Behalf Of |
Nicole Burlinson **C**
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|
| Docket Date |
2023-07-31
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
Nicole Burlinson **C**
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|
| Docket Date |
2023-07-31
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/31/23.
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|
| Docket Date |
2023-06-30
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Nicole Burlinson **C**
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|
| Docket Date |
2023-05-26
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Nicole Burlinson **C**
|
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| Docket Date |
2023-03-08
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| Type |
Motions Other
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| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
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| On Behalf Of |
Nicole Burlinson **C**
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| Docket Date |
2023-03-08
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| Type |
Order
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| Subtype |
Order on Request for Emergency Treatment
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| Description |
Denying Request for Emergency Treatment ~ ORDERED that appellant's March 8, 2023 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained. Further, ORDERED that appellant’s March 8, 2023 “Emergency Motion To Please Allow Me To Appear Pro Se And Remove Counsel/ The Courts Order In 4D21-2956 Stated To Refile Emergency Stay In Relevant Case No 4D23-0464 But Filings Are Stricken So I Cannot Help Myself But Am A Domestic Violence Victim Wrongfully Ordered To Jail For 9 Days On March 10th” is denied. Further, ORDERED that appellant is once again cautioned that excessive motion practice may result in this court imposing sanctions on appellant, including barring appellant from pro se filing.
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| Docket Date |
2023-03-07
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| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ **STRICKEN**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-03-07
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| Type |
Motions Other
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| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice ~ **STRICKEN**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-03-07
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| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's March 6, 2023 notice is stricken, as appellant has counsel.
|
|
| Docket Date |
2023-03-06
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF APPELLANT APPEARING PRO SE
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-03-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's February 27, 2023 motion/request is stricken without prejudice to refiling through counsel.
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|
| Docket Date |
2023-03-03
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Order LT Insolvency & Appointing PD
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2023-03-03
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2023-02-27
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice ~ **STRICKEN**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-23
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
N.M.B. VS C.D.W.
|
4D2022-2594
|
2022-09-23
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Family - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432013DR000204
|
Parties
| Name |
Nicole Burlinson **C**
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CRAIG WILSON AND COMPANY, INCORPORATED
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Marshall J Osofsky
|
|
| Name |
Hon. Brett M. Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-25
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2022-10-25
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the September 23, 2022 petition for writ of prohibition is denied.MAY, KUNTZ and ARTAU, JJ., concur.
|
|
| Docket Date |
2022-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-09-27
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE.
|
|
| Docket Date |
2022-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2022-09-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2022-09-23
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
|
|
NICOLE BURLINSON VS CRAIG WILSON
|
4D2022-1518
|
2022-06-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432013DR000204
|
Parties
| Name |
Nicole Burlinson **C**
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CRAIG WILSON AND COMPANY, INCORPORATED
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Marshall J Osofsky, Richard A. Barlow
|
|
| Name |
Hon. Brett M. Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-06-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2023-03-07
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that appellant's March 7, 2023 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained. Further, ORDERED that appellant’s March 7, 2023 “emergency motion to consolidate and clarify/judicial notice of the injustices” is denied to the extent appellant requests consolidation. To the extent the motion seeks clarification as to certain questions raised in the motion, the motion is denied, without prejudice to appellant refiling under the relevant appeal, case number 4D23-464. Further, ORDERED that appellant is cautioned that excessive motion practice may result in this court imposing sanctions on appellant, including barring appellant from pro se filing.
|
|
| Docket Date |
2023-03-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ W/4D23-0464
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-08-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-07-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's July 14, 2023 motion for written opinion, clarification, and certification is denied.
|
|
| Docket Date |
2023-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2023-07-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION FOR WRITTEN OPINION, CLARIFICATION AND CERTIFICATION
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-06-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s November 20, 2022 “motion for appellate court fees and costs” is denied.
|
|
| Docket Date |
2023-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Deny Consolidation ~ ORDERED that appellant’s March 3, 2023 “emergency motion to consolidate and clarify/judicial notice of the injustices” is denied to the extent appellant requests consolidation. To the extent the motion seeks clarification as to certain questions raised in the motion, the motion is denied, without prejudice to appellant refiling under the relevant appeal, case number 4D23-464.
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ AND CLARIFY. *EMERGENCY*
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-03-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Upon consideration of appellee's February 6, 2023 response, it is ORDERED that appellant's January 27, 2023 motion to stay is denied. Further, ORDERED that appellant's February 8, 2023 request for emergency treatment and response to stay pending appeal are stricken.
|
|
| Docket Date |
2023-02-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2023-01-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within five (5) days from the date of this order, to appellant’s January 27, 2023 motion to stay. Further,ORDERED that appellant’s January 27, 2023 notice is stricken, without prejudice to filing a notice of supplemental authority without hyperlinks.
|
|
| Docket Date |
2023-01-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-01-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF CASE LAW
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-01-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 7,445 PAGES
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2023-01-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-12-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION/REQUEST FOR JUDICIAL NOTICE
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, by December 15, 2022, to appellant’s November 14, 2022 motion/request for judicial notice.
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's November 18, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty-five (35) 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 |
2022-11-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-11-18
|
| 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 |
Craig Wilson
|
|
| Docket Date |
2022-11-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-09-23
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-09-23
|
| 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 |
Craig Wilson
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that this court's August 12, 2022 order to show cause is discharged.
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant’s August 25, 2022 status report is treated as the initial brief and is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2022-08-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **TREATED AS THE INITIAL BRIEF**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-08-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **TREATED AS THE INITIAL BRIEF- SEE 8/26/22 ORDER**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before August 22, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's 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.
|
|
| Docket Date |
2022-08-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ REGARDINGTHE PENDING APRIL 8, 2022 MOTION FOR TEMPORARY ATTORNEY'S FEES
|
| On Behalf Of |
Hon. Brett M. Waronicki
|
|
| Docket Date |
2022-08-08
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received
|
|
| Docket Date |
2022-07-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the above-styled appeal is dismissed in part without prejudice as to the May 2, 2022 order to show cause. See Nathanson v. Rishyko, 140 So. 3d 1054 (Fla. 4th DCA 2014). This appeal shall proceed from the May 2, 2022 "order on father’s amended motion for enforcement, contempt, make-up timesharing, attorney’s fees and costs and pick up order" and May 2, 2022 "order on father’s amended motion for enforcement, contempt, make-up timesharing, attorney’s fees and costs and other relief."KLINGENSMITH, C.J., WARNER and CONNER, JJ., concur.
|
|
| Docket Date |
2022-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ Upon consideration of appellee's July 13, 2022 response, it is ORDERED that appellant's June 28, 2022 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2956.
|
|
| Docket Date |
2022-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION TO CONSOLIDATE APPEALS
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-06-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ W/22-1518 & 21-2956
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-06-27
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
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 whether the May 2, 2022 order to show cause is an appealable final or nonfinal order, as it appears the trial court has not determined whether appellant is in direct criminal contempt. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (“A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary.”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-06-22
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-06-07
|
| 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.
|
|
|
|
NICOLE BURLINSON VS CRAIG WILSON
|
4D2022-1164
|
2022-04-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432013DR000204
|
Parties
| Name |
Nicole Burlinson **C**
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CRAIG WILSON AND COMPANY, INCORPORATED
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Marshall J Osofsky, Richard A. Barlow
|
|
| Name |
Hon. Brett M. Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-07-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's July 14, 2023 motion for written opinion, clarification, and certification is denied.
|
|
| Docket Date |
2023-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2023-07-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION FOR WRITTEN OPINION, CLARIFICATION AND CERTIFICATION
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s November 20, 2022 “motion for appellate court fees and costs” is denied.
|
|
| Docket Date |
2023-06-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Deny Consolidation ~ ORDERED that appellant’s March 3, 2023 “emergency motion to consolidate and clarify/judicial notice of the injustices” is denied to the extent appellant requests consolidation. To the extent the motion seeks clarification as to certain questions raised in the motion, the motion is denied, without prejudice to appellant refiling under the relevant appeal, case number 4D23-464.
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ AND CLARIFY. *EMERGENCY*
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-03-07
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that appellant's March 7, 2023 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained. Further, ORDERED that appellant’s March 7, 2023 “emergency motion to consolidate and clarify/judicial notice of the injustices” is denied to the extent appellant requests consolidation. To the extent the motion seeks clarification as to certain questions raised in the motion, the motion is denied, without prejudice to appellant refiling under the relevant appeal, case number 4D23-464. Further, ORDERED that appellant is cautioned that excessive motion practice may result in this court imposing sanctions on appellant, including barring appellant from pro se filing.
|
|
| Docket Date |
2023-03-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ W/4D23-0464
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-03-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Upon consideration of appellee's February 6, 2023 response, it is ORDERED that appellant's January 27, 2023 motion to stay is denied. Further, ORDERED that appellant's February 8, 2023 request for emergency treatment and response to stay pending appeal are stricken.
|
|
| Docket Date |
2023-02-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2023-01-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within five (5) days from the date of this order, to appellant’s January 27, 2023 motion to stay. Further,ORDERED that appellant’s January 27, 2023 notice is stricken, without prejudice to filing a notice of supplemental authority without hyperlinks.
|
|
| Docket Date |
2023-01-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-01-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF CASE LAW
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-01-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 7,445 PAGES
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Judicial Notice
|
| Description |
Order Granting Motion/Request for Judicial Notice ~ Upon consideration of appellee's December 15, 2022 response, it is ORDERED that the appellant' s November 12, 2022 motion/request for judicial notice is granted.
|
|
| Docket Date |
2023-01-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-12-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION/REQUEST FOR JUDICIAL NOTICE
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, by December 15, 2022, to appellant’s November 14, 2022 motion/request for judicial notice.
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's November 18, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty-five (35) 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 |
2022-11-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-11-18
|
| 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 |
Craig Wilson
|
|
| Docket Date |
2022-11-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-09-23
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-09-23
|
| 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 |
Craig Wilson
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that this court's August 12, 2022 order to show cause is discharged.
|
|
| Docket Date |
2022-08-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **TREATED AS THE INITIAL BRIEF- SEE 8/26/22 ORDER**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-08-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **TREATED AS THE INITIAL BRIEF**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant’s August 25, 2022 status report is treated as the initial brief and is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before August 22, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's 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.
|
|
| Docket Date |
2022-08-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ REGARDINGTHE PENDING APRIL 8, 2022 MOTION FOR TEMPORARY ATTORNEY'S FEES
|
| On Behalf Of |
Hon. Brett M. Waronicki
|
|
| Docket Date |
2022-08-08
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received
|
|
| Docket Date |
2022-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ Upon consideration of appellee's July 13, 2022 response, it is ORDERED that appellant's June 28, 2022 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2956.
|
|
| Docket Date |
2022-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-06-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ W/22-1518 & 21-2956
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-05-25
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2022-04-29
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Non-Final Appeal Treated as Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a final order, rather than a non-final order. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly.
|
|
| Docket Date |
2022-04-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Indigent per 21-2956
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-04-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
NICOLE BURLINSON VS CRAIG WILSON
|
4D2021-2956
|
2021-10-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432013DR000204
|
Parties
| Name |
Nicole Burlinson **C**
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CRAIG WILSON AND COMPANY, INCORPORATED
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Marshall J Osofsky, Richard A. Barlow
|
|
| Name |
Hon. Brett M. Waronicki
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-01-24
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 133 PAGES
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2023-08-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's July 14, 2023 motion for written opinion, clarification, and certification is denied.
|
|
| Docket Date |
2023-07-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-07-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2023-07-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ MOTION FOR WRITTEN OPINION, CLARIFICATION AND CERTIFICATION
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-06-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s November 20, 2022 “motion for appellate court fees and costs” is denied.
|
|
| Docket Date |
2023-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Deny Consolidation ~ ORDERED that appellant’s March 3, 2023 “emergency motion to consolidate and clarify/judicial notice of the injustices” is denied to the extent appellant requests consolidation. To the extent the motion seeks clarification as to certain questions raised in the motion, the motion is denied, without prejudice to appellant refiling under the relevant appeal, case number 4D23-464.
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-03-07
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that appellant's March 7, 2023 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained. Further, ORDERED that appellant’s March 7, 2023 “emergency motion to consolidate and clarify/judicial notice of the injustices” is denied to the extent appellant requests consolidation. To the extent the motion seeks clarification as to certain questions raised in the motion, the motion is denied, without prejudice to appellant refiling under the relevant appeal, case number 4D23-464. Further, ORDERED that appellant is cautioned that excessive motion practice may result in this court imposing sanctions on appellant, including barring appellant from pro se filing.
|
|
| Docket Date |
2023-03-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-03-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ W/4D23-0464
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2023-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Upon consideration of appellee's February 6, 2023 response, it is ORDERED that appellant's January 27, 2023 motion to stay is denied. Further, ORDERED that appellant's February 8, 2023 request for emergency treatment and response to stay pending appeal are stricken.
|
|
| Docket Date |
2023-02-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2023-01-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within five (5) days from the date of this order, to appellant’s January 27, 2023 motion to stay. Further,ORDERED that appellant’s January 27, 2023 notice is stricken, without prejudice to filing a notice of supplemental authority without hyperlinks.
|
|
| Docket Date |
2023-01-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF CASE LAW
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-05-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-12-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION/REQUEST FOR JUDICIAL NOTICE
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, by December 15, 2022, to appellant’s November 14, 2022 motion/request for judicial notice.
|
|
| Docket Date |
2022-11-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-11-18
|
| 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 |
Craig Wilson
|
|
| Docket Date |
2022-11-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-10-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's October 4, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within forty-five (45) 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 |
2022-09-23
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-09-23
|
| 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 |
Craig Wilson
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that this court's August 12, 2022 order to show cause is discharged.
|
|
| Docket Date |
2022-08-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **TREATED AS THE INITIAL BRIEF- SEE 8/26/22 ORDER**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant’s August 25, 2022 status report is treated as the initial brief and is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before August 22, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's 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.
|
|
| Docket Date |
2022-08-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ REGARDINGTHE PENDING APRIL 8, 2022 MOTION FOR TEMPORARY ATTORNEY'S FEES
|
| On Behalf Of |
Hon. Brett M. Waronicki
|
|
| Docket Date |
2022-08-08
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received
|
|
| Docket Date |
2022-07-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the above-styled appeal is dismissed in part without prejudice as to the May 2, 2022 order to show cause. See Nathanson v. Rishyko, 140 So. 3d 1054 (Fla. 4th DCA 2014). This appeal shall proceed from the May 2, 2022 "order on father’s amended motion for enforcement, contempt, make-up timesharing, attorney’s fees and costs and pick up order" and May 2, 2022 "order on father’s amended motion for enforcement, contempt, make-up timesharing, attorney’s fees and costs and other relief."KLINGENSMITH, C.J., WARNER and CONNER, JJ., concur.
|
|
| Docket Date |
2022-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ Upon consideration of appellee's July 13, 2022 response, it is ORDERED that appellant's June 28, 2022 motion to consolidate is granted, and the above–styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D21-2956.
|
|
| Docket Date |
2022-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-06-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ W/22-1518 & 22-1164
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-06-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-06-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellee's May 12, 2022 response, it is ORDERED that appellant’s May 2, 2022 motion for extension of time to file initial brief is granted, and appellant shall serve the initial brief within thirty (30) 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. Further, ORDERED that this court's April 19, 2022 order to show cause is discharged.
|
|
| Docket Date |
2022-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the stipulation for substitution of counsel filed May 2, 2022, Marshall J. Osofsky, Esq., and the Law Offices of Paul A. Krasker, P.A. is substituted for Susan Yoffee, Esq., and the law firm of Nason Yeager Gerson Harris & Fumero, P.A. as counsel for appellee in the above-styled cause.
|
|
| Docket Date |
2022-05-02
|
| 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 |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-05-02
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-03-21
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that this court's February 4, 2022 order to show cause is discharged.
|
|
| Docket Date |
2022-02-16
|
| 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 |
Nicole Burlinson **C**
|
|
| Docket Date |
2022-02-04
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before February 15, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's 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.
|
|
| Docket Date |
2021-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2021-11-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE DIRECTIONS TOTRIAL CLERK, STATEMENT OF JUDICIAL ACTS AND TRANSCRIPTS
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2021-11-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's November 12, 2021 motion for extension is granted and the time for filing directions to the clerk and the statement of judicial acts is extended fifteen (15) days from the date of this order.
|
|
| Docket Date |
2021-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2021-10-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2021-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's October 26, 2021 motion for extension is granted and the time for filing directions to the clerk and the statement of judicial acts is extended fifteen (15) days from the date of this order.
|
|
| Docket Date |
2021-10-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE DIRECTIONS TO THE CLERK AND STATEMENT OF JUDICIAL ACTS.
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2021-10-25
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ GRANTING INDIGENT STATUS.
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2021-10-22
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status ~ (DETERMINED NOT INDIGENT)
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2021-10-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
|
|
| Docket Date |
2021-10-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2021-10-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Judicial Notice
|
| Description |
Order Granting Motion/Request for Judicial Notice ~ Upon consideration of appellee's December 15, 2022 response, it is ORDERED that the appellant' s November 12, 2022 motion/request for judicial notice is granted.
|
|
| Docket Date |
2023-01-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's November 18, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty-five (35) 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 |
2022-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ Upon consideration of appellee's June 27, 2022 response, it is ORDERED that appellant’s June 14, 2022 motion for extension of time is denied. Florida Rule of Appellate Procedure 9.600(c)(1) provides that the lower tribunal retains jurisdiction to enter an order awarding temporary attorney’s fees pending this appeal. Further, ORDERED that appellant shall serve the initial brief within thirty (30) 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 will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Further, ORDERED that the lower tribunal is directed to file a status report regarding the pending April 8, 2022 motion for temporary attorney’s fees within thirty (30) days from the date of this order. Further, ORDERED that appellee's June 27, 2022 request to dismiss appeal contained within the response is denied.
|
|
| Docket Date |
2022-04-19
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED** ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before April 29, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's 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.
|
|
| Docket Date |
2022-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 16, 2022 "Judicial Notice on Reasons Mother has not Timely Prosecuted/Motion for Extension of Time" is treated as a motion for extension of time to file initial brief and is granted. Appellant shall serve the initial brief within forty-five (45) 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. Further, ORDERED that appellant's request for appellate attorney's fees is denied without prejudice. Further, ORDERED that appellant's request for reimbursement of deposit funds is denied. Further, ORDERED that appellant’s January 16, 2022 motion for extension of time is granted, and the time to file the directions to the clerk and the court reporter designation is extended twenty (20) days from the date of this order.
|
|
|
|
NICOLE BURLINSON VS CRAIG WILSON
|
4D2020-0889
|
2020-04-03
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432013DR000204
|
Parties
| Name |
Nicole Burlinson **C**
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Freddi Rebecca Mack, Ana Maria Christina Perez Soto, Mark Troum, Genna Leigh Sinel, Michael Shammo
|
|
| Name |
CRAIG WILSON AND COMPANY, INCORPORATED
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Evelyn A. Ziegler, Richard A. Barlow
|
|
| Name |
Hon. Michael J. McNicholas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-17
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-04-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF **CONFIDENTIAL**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-04-14
|
| 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 |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-11-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-11-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that appellant’s May 5, 2020 request for oral argument is denied.
|
|
| Docket Date |
2020-10-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-10-19
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that appellant's October 16, 2020 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2020-10-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REVIEW
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-10-19
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-09-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellee's August 28, 2020 motion to serve an amended answer brief is granted. Said amended brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2020-09-01
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief ~ *MOTION GRANTED*
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2020-08-28
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2020-08-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2020-08-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellee's appendix to the answer brief 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 properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2020-08-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2020-08-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 8/24/20***
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2020-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's May 20, 2020 motion to dismiss appeal is denied. Further,ORDERED that appellee's May 20, 2020 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 |
2020-05-20
|
| 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 |
Craig Wilson
|
|
| Docket Date |
2020-05-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ ***SEE AMENDED MOTION****AND* RESPONSE TO JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2020-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Craig Wilson
|
|
| Docket Date |
2020-05-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within fifteen (15) days from the date of this order, to appellant’s April 17, 2020 “statement of jurisdiction.”
|
|
| Docket Date |
2020-05-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-04-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***CONFIDENTIAL***
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-04-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ ***CONFIDENTIAL***
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-04-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 14, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before April 30, 2020. 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 |
2020-04-07
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
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 "order denying corrected respondent/mother's amended motion to transfer venue from Martin County, Florida to Orange County, Florida filed July 19, 2019" is appealable as a notice of appeal of the order denying the motion for change of venue was previously filed on November 14, 2019 in case number 4D19-3550 and was dismissed as untimely filed. Appellant's jurisdictional brief shall address Gundlah v. Moore, 831 So. 2d 780, 781 (Fla. 4th DCA 2002), Etienne v. Simco Recycling Corp., 721 So. 2d 399 (Fla. 3d DCA 1998), Ney v. Unemployment Appeals Comm'n, 778 So. 2d 509 (Fla. 4th DCA 2001), Dorsey v. State, 764 So. 2d 619 (Fla. 4th DCA 2000), and Dep't of Corr. v. Saulter, 742 So. 2d 368 (Fla. 1st DCA 1999). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-04-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2020-04-03
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-04-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
|
|
NICOLE BURLINSON VS CRAIG WILSON
|
4D2019-3550
|
2019-11-19
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432013-204 DR
|
Parties
| Name |
CRAIG WILSON AND COMPANY, INCORPORATED
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard A. Barlow
|
|
| Name |
Hon. Michael J. McNicholas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Nicole Burlinson **C**
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ana Maria Christina Perez Soto, Michael Shammo, Genna Leigh Sinel
|
|
Docket Entries
| Docket Date |
2019-12-31
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-12-26
|
| Type |
Motions Other
|
| Subtype |
Motion to Determine Confidentiality
|
| Description |
Motion To Determine Confidentiality of Court Records
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2019-12-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO ACCEPT BELATED APPEAL OR TO DISMISS WITHOUT PREJUDICE TO PURSUE RELIEF IN THE TRIAL COURT
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's December 16, 2019 motion for extension is granted and the time for filing the determination of confidentiality of court records is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2019-12-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO DETERMINE CONFIDENTIALITY OF COURT RECORDS
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2019-12-09
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2019-12-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN** **CONFIDENTIAL**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2019-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2019-12-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN** **CONFIDENTIAL**
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2019-11-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2019-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2019-11-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-11-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-11-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Nicole Burlinson **C**
|
|
| Docket Date |
2019-12-31
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED that appellant's December 9, 2019 "motion to accept late-filed initial brief" is denied. The initial brief and appendix filed on December 4, 2019 are stricken from the docket. Further,ORDERED that appellant’s December 26, 2019 “motion to determine confidentiality of court records” is determined to be moot. Further,ORDERED that appellant's December 24, 2019 "motion to accept belated appeal or to dismiss without prejudice to pursue relief in the trial court" is denied. Further,The "order denying corrected respondent/mother's amended motion to transfer venue from Martin County, Florida to Orange County, Florida filed July 19, 2019" was rendered October 14, 2019, and the notice of appeal was not filed until November 14, 2019, over thirty days after the date of rendition of the order to be reviewed. Fla. R. App. P. 9.130(b). Therefore, it is ORDERED sua sponte that the above-styled appeal is dismissed as untimely filed. This does not preclude appellant from seeking relief as to the order below.DAMOORGIAN, GERBER and FORST, JJ., concur.
|
|
| Docket Date |
2019-12-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant’s December 4, 2019 Notices of Confidential Information within Court Filing have been reviewed by the Clerk of Court pursuant to Rule of Judicial Administration 2.420(d)(2)(B). The Notices do not identify information that is facially subject to confidentiality under rule 2.420(d)(1)(B). This determination does not prejudice appellant from filing a motion to determine confidentiality of court records pursuant to rule 2.420(d)(3). The information identified in appellant’s Notices will be maintained as confidential for 10 days from the date of this order. If a motion to determine confidentiality is not filed within 10 days of the date of this order, the information will no longer be maintained as confidential.
|
|
| Docket Date |
2019-11-25
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
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 “order regarding mother’s motion for reconsideration, motion for rehearing, or in the alternative, motion for relief from the order dated October 14, 2019 . . .” is an appealable order. Fla. R. App. P. 9.130(a)(5) (“Motions for rehearing directed to these [nonfinal] orders will not toll the time for filing a notice of appeal.”), (i) (“Multiple nonfinal orders that are listed in rule 9.130(a)(3) may be reviewed by a single notice if the notice is timely filed as to each such order.”); Agere Sys. Inc. v. All Am. Crating, Inc.,931 So. 2d 244, 244–45 (Fla. 5th DCA 2006) (confirming that “motions [for rehearing or reconsideration] addressed to non-final orders are not ‘authorized’ within the meaning of Rule 9.020[i] . . . and thus do not postpone rendition,” and that “an order that simply denies a motion for reconsideration or rehearing of an underlying non-final order . . . is not in itself an appealable order”); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
|
