| Docket Date |
2023-07-11
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order ~ Petitioner’s letter dated June 5, 2023, has been treated as amotion for reinstatement, and pursuant to this Court’s order datedMay 31, 2023, said motion is hereby stricken as unauthorized.
|
|
| Docket Date |
2023-05-31
|
| Type |
Petition
|
| Subtype |
Miscellaneous
|
| Description |
MISCELLANEOUS
|
|
| Docket Date |
2023-05-31
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ This case is hereby dismissed. This Court’s jurisdiction toissue extraordinary writs may not be used to seek review of anunelaborated decision from a district court of appeal that is issuedwithout opinion or explanation or that merely cites to an authoritythat is not a case pending review in, or reversed or quashed by, thisCourt. See Foley v. State, 969 So. 2d 283 (Fla. 2007); Persaud v.State, 838 So. 2d 529 (Fla. 2003); Stallworth v. Moore, 827 So. 2d974 (Fla. 2002); Grate v. State, 750 So. 2d 625 (Fla. 1999).No motion for rehearing or reinstatement will be entertainedby the Court.
|
|
| Docket Date |
2020-05-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Certify
|
| Description |
Deny Certification of Cause to S.Ct.-60a
|
|
| Docket Date |
2020-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ NOTICE OF JOINDER IN RESPONSE
|
| On Behalf Of |
MICHAEL MOSKAL
|
|
| Docket Date |
2020-03-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR CERTIFICATION AND/OR WRITTEN OPINION
|
| On Behalf Of |
MICHAEL MOSKAL
|
|
| Docket Date |
2020-03-09
|
| Type |
Notice
|
| Subtype |
Suggestion for Immediate Resolution by FSC 9.125
|
| Description |
Motion SUGGEST T/CERT. CAUSE T/SC ~ AND/OR WRITTEN OPINION
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2020-02-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ NOTICE OF SUPPLEMENTAL AUTHORITY BY APPELLEES
|
| On Behalf Of |
MICHAEL MOSKAL
|
|
| Docket Date |
2020-02-12
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2019-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, FEBRUARY 12, 2020, at 11:00 A.M., before: Judge Stevan T. Northcutt, Judge Craig C. Villanti, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2019-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellees’ motion filed October 7, 2019, for continuance of oral argument is granted. Oral argument scheduled for December 4, 2019, is canceled and will be rescheduled for a later date.
|
|
| Docket Date |
2019-10-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ APPELLEES' MOTION FOR CONTINUANCE OF DECEMBER 4, 2019 ORAL ARGUMENT
|
| On Behalf Of |
MICHAEL MOSKAL
|
|
| Docket Date |
2019-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, DECEMBER 04, 2019, at 9:30 A.M., before: Judge Craig C. Villanti, Judge Daniel H. Sleet, Judge Matthew C. Lucas. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2019-08-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-08-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved by August 19, 2019.
|
|
| Docket Date |
2019-08-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-08-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall be served by August 12, 2019.
|
|
| Docket Date |
2019-08-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-07-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANT'S NOTICE OF ADOPTION OF MARILYN ACURA'S INITIAL BRIEF
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-07-08
|
| Type |
Misc. Events
|
| Subtype |
Notice of Joinder Fee Paid through Portal
|
| Description |
Notice of Joinder Fee Paid through Portal
|
|
| Docket Date |
2019-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
MICHAEL MOSKAL
|
|
| Docket Date |
2019-07-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
MICHAEL MOSKAL
|
|
| Docket Date |
2019-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-05-31
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ With respect to the caption of this case, the appellant's motion addressing court order date May 16, 2019, is granted. The style of this case is amended as reflected in the caption of this order. To the extent that the case in the trial court was not a probate or guardianship case subject to the Florida Probate Rules or that Marilyn Aruca is not the statutory legal guardian of R.G.A., the court withdraws its May 16, 2019, order with respect to the justification for its ruling on Ms. Aruca's ability to represent minor child R.G.A. in this appeal. Nevertheless, the ruling of the May 16, 2019, order with respect to Ms. Aruca's inability to represent the minor child in this appeal stands. As Ms. Aruca stated in her May 12, 2019, "motion addressing court order dated May 1, 2019," "The minor child is the real party in interest, not the Mother. The Mother is merely bringing the appeal as Next Frie[n]d and Natural Guardian of the minor child." That Ms. Aruca was entitled to bring the action in the trial court (where she was represented by counsel) under Florida Rule of Civil Procedure 1.210(b) is a matter separate from the issue of who may represent Ms. Aruca in the Florida state courts. This court concludes that Ms. Aruca, a nonattorney, may not represent the child in this appeal, as doing so would constitute the unauthorized practice of law. Cf. The Florida Bar v. Gordon, 661 So. 2d 295 (Fla. 1995); Devine v. Indian River County School Bd., 121 F.3d 576, 582 (11th Cir. 1997) (explaining that preventing parents who are not attorneys from bringing pro se actions on behalf of their children "helps to ensure that children rightfully entitled to legal relief are not deprived of their day in court by unskilled, if caring, parents"), overruling in part on other grounds recognized by Kell v. Smith, 743 F. App'x 292, 294 (11th Cir. 2018). Within 30 days of the date of this order, the appellant may retain counsel, who shall file a notice of appearance immediately upon retention. Further filings in this court made pro se by Ms. Aruca will be subject to being stricken as unauthorized. In the absence of an appearance by an attorney, this appeal will be subject to dismissal without further notice.
|
|
| Docket Date |
2019-05-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION ADDRESSING COURT ORDER DATED MAY 16, 2019
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-05-16
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The appellant's motion is granted to the extent that the case style is amended as reflected in the caption of this order.Although a guardian may bring an action on behalf of a ward, cf. Fla. R. Civ. P. 1.210(b), a guardian who is not an attorney must be represented by counsel. See Fla. Prob. R. 5.030(a). This court concludes that the ward's mother and guardian, a non-attorney, may not represent the ward in this appeal, as doing so would constitute the unauthorized practice of law. Within 30 days of the date of this order, the appellant may retain counsel, who shall file a notice of appearance immediately upon retention. Further filings in this court made pro se by the guardian will be subject to being stricken as unauthorized. In the absence of an appearance by an attorney on behalf of the guardian, this appeal will be subject to dismissal without further notice.
|
|
| Docket Date |
2019-05-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ AMENDED VERIFIED PETITION FOR ORDER AUTHORIZING ENGAGEMENT OF COUNSEL AND PAYMENT TO SAME, AND AUTHORIZING GUARDIAN TO FILE AND PROCEED WITH APPEAL
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-05-13
|
| Type |
Response
|
| Subtype |
Supplement
|
| Description |
Supplement ~ BRANNOCK & HUMPHRIES ATTORNEY REPRESENTATION CONTRACT
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 50 - AB (Moskal; Taschler) due 07/08/19
|
| On Behalf Of |
MICHAEL MOSKAL
|
|
| Docket Date |
2019-05-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ With the filing of the notice of appeal and appellant Marilyn Aruca's subsequent filings, the court did not initially notice that Marilyn Aruca purports to be representing herself both as an individual and as natural guardian of a minor. Pursuant to Florida Probate Rule 5.030(a), "Every guardian . . . shall be represented by an attorney admitted to practice in Florida." As a result, Marilyn Aruca's filings, including her initial brief, shall be deemed to be filed in her capacity as an individual only, unless she retains counsel and counsel files a notice of appearance in this court and also a statement adopting the initial brief. To the extent that this court affords a remedy to the appellant in the disposition of this appeal and the appellant remains unrepresented by counsel, the appellant risks having that remedy applied only to her as an individual, as in her capacity as natural guardian she is not a party to this appeal. The appellant may challenge this determination by motion filed within 15 days of the date of this order.The appellant's amended notice of confidential information within court filing is noted. The following portions of the initial brief will be kept confidential pursuant to the trial court's February 6, 2017, orders: page 5, numbered list at bottom of page; p. 19, first 2 lines of second paragraph and entirety of last paragraph; page 21, first paragraph; page 22, full page. The remaining items identified in the notice will not be kept confidential.Additionally, for the sake of simplicity, the court will accept the appellant's request regarding the confidentiality of the name of the minor, which appears on the cover page, page iii, and page 25 of the initial brief. However, with all future filings, it is the appellant's responsibility under Florida Rule of Judicial Administration 2.425(a)(1) to use the minor's initials. Any further filings that use the full name of the minor will be subject to being stricken without further notice.
|
|
| Docket Date |
2019-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-04-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-STRICKEN ~ The appellant's notice of confidential information within court filing is stricken without prejudice to the appellant to file an amended notice within 10 days of the date of this order. The amended notice must "identify the precise location[s] of the confidential information," Fla. R. Jud. Admin. 2.420(d)(2)(A), within the initial brief. Additionally, the appellant must attach a copy of the trial court's order sealing the trust. The initial brief will be held confidential for 10 days from the date of this after, after which the confidential designation will be removed unless the appellant files an amended notice.
|
|
| Docket Date |
2019-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing ~ **STRICKEN**
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-04-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ **CONFIDENTIAL**
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-03-28
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 12 PAGES
|
|
| Docket Date |
2019-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
grant supp/short/explain procedure ~ Appellant's motion to supplement the record is granted to the extent that the appellant shall make arrangements within three days with the clerk of circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Because the record must be supplemented through the clerk of the lower tribunal as just described, the copies of the record materials attached to the motion to supplement will not be considered by this court.Appellant's motion for clarification is treated as a motion for an extension of time and granted to the extent that Appellant shall serve the initial brief within thirty days of the date of this order.
|
|
| Docket Date |
2019-03-12
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-03-12
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion Supplem/Record with/Attached
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-02-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ COLEMAN - 622 PAGES
|
|
| Docket Date |
2019-02-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ AN MOTION FOR EXTENSION OF TIME TO FILE APPELLANT BRIEF**Treated as a motion for extension of time**(see 03/19/19 order)
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ DESIGNATION
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-01-16
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ The December 28, 2018, order to show cause is discharged.
|
|
| Docket Date |
2019-01-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE W/ATTACHED SUMMARY FINAL JUDGMENT
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2019-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
| Docket Date |
2018-12-28
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC/Better Gov't Ass'n [summary judgment) ~ **DISCHARGED**(see 01/16/19 ord)Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006) ("[A]n order merely granting a motion for summary judgment is not a final order."); Better Gov't Ass'n of Sarasota Cty. v. State, 802 So. 2d 414 (Fla. 2d DCA 2001). Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. Should appellant provide this court with such an appealable, final order within twenty days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order") (effective Jan. 1, 2015). If appellant fails to present an appealable order within that time frame, or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice.
|
|
| Docket Date |
2018-12-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-12-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se ~ This appeal has been filed without a filing fee required by section 35.22(3), Florida Statutes.Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order from the circuit court finding appellant insolvent pursuant to section 57.081 or 57.085, Florida Statutes, as applicable, within forty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2018-12-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-12-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
| On Behalf Of |
MARILYN ARUCA, AS PARENT AND NEXT FRIEND
|
|
