Docket Date |
2023-10-20
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ On May 12, 2023, Appellee Bayway Isles Homeowners Club, Inc. (Bayway), filed a Motion for Attorney’s Fees based on provisions in its Deed Restrictions and Protective Covenants and its By-Laws, as well as under section 720.3085(1)(a), Florida Statutes (2023), which both state that unpaid homeowners association assessments due to Bayway and reasonable attorney's fees incident to collection of those assessments may be secured by a lien on parcels in its community. Because this appeal concerns the denial of a third-party bidder's challenge to procedures following a foreclosure sale, it is not incident to the collection of assessments, and Appellee's motion for attorney's fees is denied.
|
|
Docket Date |
2023-02-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
deny eot for no consultation ~ Appellant's motion for an extension of time states that opposing counsel has notappeared in this proceeding. However, the motion contains a certificate of serviceindicating that attorneys for some of the appellees were served with the motion. SeeFla. R. App. P. 9.360(b) ("Attorneys, representatives, and guardians ad litem in thelower tribunal shall retain their status in the court unless others are duly appointed orsubstituted."). Accordingly, Appellant's motion for an extension of time is denied withoutprejudice to refile a motion within five days that demonstrates compliance with FloridaRule of Appellate Procedure 9.300(a) with respect to consultation with opposingcounsel, failing which the brief shall be served by the current due date or within ten daysof the date of this order, whichever is later.
|
|
Docket Date |
2023-11-27
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-11-08
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-10-20
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2023-06-06
|
Type |
Brief
|
Subtype |
Appendix
|
Description |
Appendix for Answer Brief
|
On Behalf Of |
TRUST NO. 5238
|
|
Docket Date |
2023-05-12
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
BAYWAY ISLES HOMEOWNERS CLUB, INC.
|
|
Docket Date |
2023-05-12
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
BAYWAY ISLES HOMEOWNERS CLUB, INC.
|
View |
View File
|
|
Docket Date |
2023-05-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by June 12, 2023.
|
|
Docket Date |
2023-05-09
|
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 |
TRUST NO. 5238
|
|
Docket Date |
2023-05-02
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
TRUST NO. 5238
|
|
Docket Date |
2023-04-12
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
TRUST NO. 5238
|
|
Docket Date |
2023-04-12
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
TRUST NO. 5238
|
|
Docket Date |
2023-04-04
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF UNAVAILABILITY - June 7, 2023 through June 12, 2023, August 16, 2023 through August 28, 2023
|
On Behalf Of |
BAYWAY ISLES HOMEOWNERS CLUB, INC.
|
|
Docket Date |
2023-03-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
grant eot for IB - unlikely ~ Appellant's motion for extension of time is granted, and the initial brief shall beserved within 30 days from the date of this order. However, further motions forextension of time are unlikely to receive favorable consideration.
|
|
Docket Date |
2023-03-21
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLEE'S OBJECTION TO THIRD-PARTY BIDDER'SSECOND MOTION TO EXTEND TIME TO FILE INITIAL BRIEF
|
On Behalf Of |
BAYWAY ISLES HOMEOWNERS CLUB, INC.
|
|
Docket Date |
2023-03-17
|
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 |
TRUST NO. 5238
|
|
Docket Date |
2023-03-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2023-02-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shallbe served within 20 days from the date of this order.
|
|
Docket Date |
2023-02-24
|
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 |
TRUST NO. 5238
|
|
Docket Date |
2023-02-23
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
BAYWAY ISLES HOMEOWNERS CLUB, INC.
|
|
Docket Date |
2023-02-21
|
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 |
TRUST NO. 5238
|
|
Docket Date |
2023-02-13
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
TRUST NO. 5238
|
|
Docket Date |
2023-02-10
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a),Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward therequired $300.00 filing fee or, if applicable, a certificate or order of the lower tribunalfinding appellant insolvent pursuant to section 57.081, Florida Statutes, within twentydays from the date of this order.If this court does not receive either of the above within the prescribed time, thisappeal may be subject to dismissal without further notice.
|
|
Docket Date |
2023-02-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2023-02-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
|
Docket Date |
2023-02-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|