Docket Date |
2024-09-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Appellants' motion for extension of time to serve their amended initial brief is granted to the extent that the amended initial brief is accepted as filed.
|
View |
View File
|
|
Docket Date |
2024-08-26
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Initial Brief
|
On Behalf Of |
LEROY PINNOCK
|
View |
View File
|
|
Docket Date |
2024-08-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
APPELANT'S MOTION FOR EXTENSION OF TIME TO COMPLY WITH
COURT'S ORDER OF AUGUST 12, 2024
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2022-09-15
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
deny motion until fee satisfied ~ Appellant's motion for extension of time to file response is denied without prejudice to resubmit it following satisfaction of this court's fee order of August 16, 2022.
|
|
Docket Date |
2022-09-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion Extension of time To File Response ~ APPELANT'S MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2022-08-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
Docket Date |
2024-11-13
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
GIBSON - 15 PAGES
|
On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
Docket Date |
2024-11-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF INABILITY TO COMPLETE THE RECORD
|
On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
Docket Date |
2024-10-31
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
TUSCANY PRESERVE COMMUNITY ASSOCIATION, INC.
|
View |
View File
|
|
Docket Date |
2024-10-23
|
Type |
Order
|
Subtype |
Order
|
Description |
On September 11, 2024, this Court granted Appellant's motion to supplement the record. The supplemental record is overdue. The supplemental record must be served within ten days of this order. If the clerk of the lower tribunal is unable to serve the supplemental record within ten days of this order, the clerk of the lower tribunal shall file a notice of inability to transmit the record specifying the reason.
|
View |
View File
|
|
Docket Date |
2024-10-01
|
Type |
Order
|
Subtype |
Order on Motion For Clarification
|
Description |
Appellee, Tuscany Preserve Community Association, Inc.'s motion for clarification and extension of time to serve answer brief is granted. The answer brief shall be served within thirty days from the date of this order.
|
View |
View File
|
|
Docket Date |
2024-09-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
APPELLEE'S MOTION FOR CLARIFICATION AND TO
EXTEND TIME TO SERVE THE ANSWER BRIEF
|
On Behalf Of |
TUSCANY PRESERVE COMMUNITY ASSOCIATION, INC.
|
|
Docket Date |
2024-09-11
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Appellants' motion to supplement the record on appeal is granted. Within three days from the date of this order, Appellants shall make arrangements with the clerk of the lower tribunal for the supplementation of the record with the items referenced in their motion, with the supplemental record to be filed with this Court within twenty-five days from the date of this order. Appellants' motions for extension of time to serve their initial brief and Appellee's motion for extension of time to serve its answer brief and for clarification are denied as moot in light of this Court's August 12, 2024, order requiring an amended initial brief.
|
View |
View File
|
|
Docket Date |
2022-09-19
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal ~ WITH NOTICE OF COMPLIANCE
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2024-08-09
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
APPELLEE'S MOTION FOR CLARIFICATION AND TO
EXTEND TIME TO SERVE THE ANSWER BRIEF
|
On Behalf Of |
TUSCANY PRESERVE COMMUNITY ASSOCIATION, INC.
|
|
Docket Date |
2024-08-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
TUSCANY PRESERVE COMMUNITY ASSOCIATION, INC.
|
|
Docket Date |
2024-07-25
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
APPELANT'S MOTION TO SUPPLEMENT THE RECORD AND FOR
EXTENSION OF TIME TO FILE INITIAL BRIEF
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2024-07-11
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
LEROY PINNOCK
|
View |
View File
|
|
Docket Date |
2024-07-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Motion for Extension of Time to Serve Initial Brief
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2024-06-13
|
Type |
Order
|
Subtype |
Order
|
Description |
Appellant shall serve the initial brief within twenty days from the date of this order, or this appeal will be subject to dismissal without further notice based on failure to prosecute.
|
View |
View File
|
|
Docket Date |
2024-04-01
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ GIBSON - REDACTED - 351 PAGES
|
On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
Docket Date |
2024-03-26
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ RE RECORD FEES
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2024-03-20
|
Type |
Order
|
Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
Description |
arrange for record transmission within * days ~ Within three days of the date of this Order, Appellant must make financial arrangements with the clerk of lower tribunal for transmission of the record on appeal, and the record must be served within twenty-five days of this Order. If the clerk is unable to serve the record, the clerk must provide a report on the status of the record. Appellant’s initial brief shall be filed 30 days after service of the record. Failure to comply with this Court’s Order may subject this appeal to dismissal without further notice.
|
|
Docket Date |
2024-03-15
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
status report from clerk on record ~ Within ten days of the date of this Order, the lower tribunal clerk must file a status report concerning the preparation and transmission of the record.
|
|
Docket Date |
2024-03-15
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ on record
|
On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
Docket Date |
2024-02-08
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
Docket Date |
2024-02-07
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-DISCHARGING SHOW CAUSE ~ Because we cannot, at this time, determine whether the lower court’s July 20, 2022, order is final and appealable, we discharge our December 29, 2023, order to show cause. This discharge is without prejudice for the parties to address our jurisdiction in the merits briefing, or for appellees to file a motion to dismiss upon the filing of the lower court record if they can do so in good faith. On January 15, 2024, Appellants represented that they have paid the Polk County Clerk of Court for the preparation of the record. Within 10 days of the entry of this order, the Polk County Clerk of Court shall provide this Court with a status update on its progress and estimated time of completion.
|
|
Docket Date |
2024-01-15
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE DATED DECEMBER 29, 2023
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2024-01-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT Response to Court Order-74a ~ The motion for a three-day extension of time to respond to this court's order is granted. The response shall be served by January 12, 2024.
|
|
Docket Date |
2024-01-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2023-12-29
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
ORD-TO SHOW CAUSE ~ **DISCHARGED-SEE 2/7/24 ORD**This case was originally filed in the Second District Court of Appeal as case number 2D22-2649. The case was transferred to the Sixth District Court of Appeal on December 22, 2022. Within 10 days of the date of this order, the appellant shall show cause why this appeal should not be dismissed for the appellant's failure to respond to the Second District Court of Appeal's August 23, 2022, order to show cause and that court's October 24, 2022, order, which extended the time for responding to the August 23 order by 20 days.
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-12-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF INABILITY TO COMPLETE THE RECORD
|
On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
Docket Date |
2022-10-24
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
ORDER GRANTING RELINQUISH JURISDICTION ~ Appellant's motion to relinquish jurisdiction is granted to the extent that Appellant is granted an extension of time and shall satisfy this court's August 23, 2022, order to show cause within twenty days from the date of this order.
|
|
Docket Date |
2022-10-20
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction ~ APPELLANT'S MOTION TO RELINQUISH JURISDICTION
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2022-10-14
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ Within 5 days of the date of this order, appellants shall respond to this court's August 23, 2022, order to show cause or this appeal will be subject to dismissal without further notice.
|
|
Docket Date |
2022-10-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant EOT (general)-74c ~ Appellants' renewed motion for extension of time is granted, and appellants shall respond to this court's August 23, 2022, order to show cause within 5 days of the date of this order.
|
|
Docket Date |
2022-10-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ APPELANT'S RENEWED MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2022-08-22
|
Type |
Misc. Events
|
Subtype |
Certificate of Service
|
Description |
Certificate of Service ~ AMENDED CERTIFICATE OF SERVICE
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2022-08-22
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ Order on Plaintiff's Motion to Dismiss Defendant's Counterclaim and Motion to Enforce Settlement Agreement
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2022-08-16
|
Type |
Order
|
Subtype |
Show Cause re No Order Appealed
|
Description |
OSC - no order appealed ~ Appellant shall show cause within fifteen days why this appeal should not be dismissed for lack of jurisdiction, as appellant has failed to provide a copy of the order appealed as required by the Florida Rules of Appellate Procedure, and this court is unable thereby to determine its jurisdiction.
|
|
Docket Date |
2022-08-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-08-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
LEROY PINNOCK
|
|
Docket Date |
2025-01-08
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
APPELLEE'S MOTION FOR
APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
TUSCANY PRESERVE COMMUNITY ASSOCIATION, INC.
|
|
Docket Date |
2024-08-12
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
The initial brief does not comply with the additional briefing requirements of this court as set forth in the Sixth District Court of Appeal Administrative Order 24-01. Specifically: 1) The initial brief does not contain a statement as to each issue presented, where in the record on appeal the issue was raised and ruled on; and 2) The initial brief does not contain a statement of the basis for jurisdiction in this Court, including the basis for claiming that the judgment or order appealed from is final. Appellant shall file a corrected brief within ten days from the date of this order. A compliant brief would include entries in the table of contents entitled "Statement of Jurisdiction" and "Statement of Preservation" that indicate sections in the initial brief where this information appears. AO 24-01 can be accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders.
|
View |
View File
|
|
Docket Date |
2022-08-23
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
ORD-TO SHOW CAUSE ~ The August 16, 2022 order to show cause is discharged. The order on appeal grants a motion to enforce settlement agreement but does not enter final judgment. Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. Cf. 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 County 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"). 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 |
2022-08-16
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|