TERRY S. WHITLOCK VS COCO WOOD LAKES ASSOCIATION, INC.
|
SC2020-1819
|
2020-12-14
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Constitutional Construction
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009672XXXXMB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D19-3446
|
Parties
Name |
Terry S. Whitlock
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Linda Whitlock
|
|
Name |
COCO WOOD LAKES ASSOCIATION, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Gerard S. Collins
|
|
Name |
Hon. Howard Kelly Coates, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Sharon Repak Bock
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-12-15
|
Type |
Disposition
|
Subtype |
Rev/Appeal Dism No Juris Omnibus
|
Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
|
|
Docket Date |
2020-12-15
|
Type |
Event
|
Subtype |
No Fee - Insolvent
|
Description |
No Fee - Insolvent ~ Insolvent Below
|
|
Docket Date |
2020-12-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NI:No Fee - Insolvent
|
|
Docket Date |
2020-12-14
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (CONST CONSTR)
|
On Behalf Of |
Terry S. Whitlock
|
View |
View File
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|
|
ALISON RAMPERSAD and LINDA J. WHITLOCK VS COCO WOOD LAKES ASSOCIATION, INC.
|
4D2020-0199
|
2020-01-22
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009672XXXMB
|
Parties
Name |
Linda Whitlock
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Alison Rampersad
|
Role |
Appellant
|
Status |
Active
|
|
Name |
COCO WOOD LAKES ASSOCIATION, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Gerard S. Collins
|
|
Name |
Hon. Howard Coates, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-07-02
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
Deny Motion to Reinstate ~ ORDERED that petitioners' June 6, 2020 “motion for rehearing/reinstate appeal dismissed for failure to timely file petition and appendix due to COVID-19 Supreme Court emergency procedures and Governor’s executive orders” is denied.
|
|
Docket Date |
2020-06-08
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2020-03-09
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2020-03-09
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that respondent’s March 4, 2020 motion to dismiss this certiorari proceeding is granted. Case number 4D20-199 is dismissed for failure to timely file a petition and appendix as required by this court’s February 11, 2020 order. Respondent’s request for appellate fees is denied. Respondent may file a motion to tax costs in the trial court. Fla. R. App. P. 9.400(a); further, ORDERED that petitioners’ March 4, 2020 motion to strike is denied.GROSS, DAMOORGIAN and KLINGENSMITH, JJ., concur.
|
|
Docket Date |
2020-03-04
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ OBJECTION AND MOTION TO STRIKE APPELLEE'S MOTION TO DISMISS "APPEALS" WITH PREJUDICE, MOTION IN LIMINE, AND MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2020-02-11
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
Deny Consolidation ~ ORDERED that the motion to consolidate filed January 23, 2020 in 4D19-3446 and 4D20-0199 is denied; further, ORDERED that the motion for extension of time filed by petitioners/appellant on February 10, 2020 is granted in part. Petitioners Alison Rampersad and Linda Whitlock shall file a petition and appendix in 4D20-0199 no later than twenty (20) days from the date of this order. Appellant Terry Whitlock shall file an initial brief in 4D19-3446 no later than twenty (20) days from the date of this order. Absent extraordinary circumstances, no further extensions of time will be granted.
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|
Docket Date |
2020-02-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2020-02-05
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED that the amended notice of appeal filed January 30, 2020 is stricken as unauthorized. Petitioners shall file a petition and appendix within the time provided in this court's January 23, 2020 order.
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|
Docket Date |
2020-01-30
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ ****STRICKEN AS UNAUTHORIZED 2/5/2020***
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2020-01-23
|
Type |
Order
|
Subtype |
Order Reclassifying Case
|
Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed in the Circuit Court is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
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|
Docket Date |
2020-01-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2020-01-23
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate ~ WITH 19-3446
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2020-01-23
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2020-01-22
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2020-01-22
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ Indigent per 19-3446
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2020-01-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
|
TERRY S. WHITLOCK VS COCO WOOD LAKES ASSOCIATION, INC.
|
4D2019-3446
|
2019-11-06
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009672
|
Parties
Name |
Alison Rampersad
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Linda Whitlock
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Terrance Steven Whitlock
|
Role |
Appellant
|
Status |
Active
|
|
Name |
COCO WOOD LAKES ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Gerard S. Collins, Jay S. Levin
|
|
Name |
Hon. Howard Coates, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
FLORIDA SUPREME COURT CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-03-09
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
|
Docket Date |
2020-12-31
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2020-12-16
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ SC20-1819 DISMISSED
|
|
Docket Date |
2020-12-14
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2020-12-11
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
On Behalf Of |
Terrance Steven Whitlock
|
|
Docket Date |
2020-12-11
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellant's November 11, 2020 motion for certification and written opinion is denied.
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|
Docket Date |
2020-12-11
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2020-11-16
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ FOR CERTIFICATIONS AND WRITTEN OPINION
|
On Behalf Of |
Terrance Steven Whitlock
|
|
Docket Date |
2020-11-16
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing
|
On Behalf Of |
Terrance Steven Whitlock
|
|
Docket Date |
2020-11-05
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
ORD-Amended Order ~ ORDERED that this court's previous November 5, 2020 order is amended as follows:ORDERED that appellee’s May 8, 2020 motion for attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Gerard S. Collins is denied without prejudice to seek costs in the trial court.
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|
Docket Date |
2020-11-05
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2020-07-13
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant's Reply Brief ~ THIRD AMENDED
|
|
Docket Date |
2020-07-13
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellee’s June 15, 2020 “motion to strike second amended reply brief or portions thereof by appellant, Terry S. Whitlock” is granted, and the second amended reply brief filed on June 15, 2020 is stricken from the docket. Further,ORDERED that appellant’s July 9, 2020 “objection to and motion to strike appellee’s response to motion for leave to file third amended reply brief” is denied. Further,Upon consideration of appellee’s July 9, 2020 response, it is ORDERED that appellant’s June 15, 2020 “motion for leave to file amended appellants’ reply brief” is granted, and the third amended reply brief is deemed properly filed as of the date of this order.
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|
Docket Date |
2020-07-09
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
|
Docket Date |
2020-07-09
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2020-07-08
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s June 15, 2020 motion for leave to file an amended reply brief.
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|
Docket Date |
2020-06-15
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ SECOND AMENDED REPLY BRIEF
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2020-06-15
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
|
Docket Date |
2020-06-15
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant's Reply Brief ~ **STRICKEN FROM DOCKET**
|
|
Docket Date |
2020-06-15
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ MOOTNESS TO APPELLEE'S MOTION TO STRIKE
|
|
Docket Date |
2020-06-12
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Order Denying Amended Brief ~ ORDERED that appellant's June 8, 2020 "motion for leave to file amended appellants' reply brief" is denied. Further, Upon consideration of appellant's June 10, 2020 objection, it is ORDERED that appellee's June 9, 2020 "motion to strike portions of reply brief/amended reply brief by appellant, Terry S. Whitlock" is granted, and the June 4, 2020 reply brief and June 5, 2020 amended reply brief are stricken from the docket. An amended brief in compliance with the rules and removing any arguments not made in the initial brief shall be filed within ten (10) days from the date of this order.
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|
Docket Date |
2020-06-10
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection
|
|
Docket Date |
2020-06-09
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ **GRANTED, SEE 06/12/2020 ORDER**
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2020-06-08
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
|
Docket Date |
2020-06-05
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant's Reply Brief ~ **STRICKEN FROM DOCKET. SEE 06/12/2020 ORDER.**
|
|
Docket Date |
2020-06-05
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
|
Docket Date |
2020-06-04
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief ~ **STRICKEN FROM DOCKET. SEE 06/12/2020 ORDER.**
|
|
Docket Date |
2020-05-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s May 28, 2020 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2020-05-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
|
Docket Date |
2020-05-08
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2020-05-08
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2020-05-08
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2020-04-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ Upon consideration of appellant’s April 9, 2020 “notice of non-compliance by appellee with court order dated March 9, 2020, and opposition . . .,” it is ORDERED that appellee’s April 8, 2020 motion for enlargement of time to file answer brief is granted, and appellee shall serve the answer brief on or before May 11, 2020. 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.
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|
Docket Date |
2020-04-09
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ NOTICE OF NON-COMPLIANCE BY APPELLEE AND OPPOSITION TO APPELLEE'S MOTION FOR ENLARGEMENT OF TIME TO FILE ANSWER BRIEF
|
|
Docket Date |
2020-04-09
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ ORDERED that appellant's March 16, 2020 “motion to disqualify law firm Kaye, Bender, Rembaum and motion for judicial referral to appropriate authorities for an investigation pursuant to judicial canon 3D” is denied without prejudice to seek relief in the trial court.
|
|
Docket Date |
2020-04-09
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
|
Docket Date |
2020-04-08
|
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 |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2020-03-16
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION TO DISQUALIFY LAW FIRM KAYE, BENDER, REMBAUM AND MOTION FOR JUDICIAL REFERRAL TO APPROPRIATE AUTHORITIES FOR AN INVESTIGATION PURSUANT TO JUDICIAL CANON 3D
|
|
Docket Date |
2020-03-11
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
|
Docket Date |
2020-03-11
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant’s March 10, 2020 motion for leave to serve an amended initial brief is granted. Said initial brief is deemed filed as of the date of this order.
|
|
Docket Date |
2020-03-11
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
|
|
Docket Date |
2020-03-10
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
|
Docket Date |
2020-03-09
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s March 4, 2020 objection, it is ORDERED that appellee’s motion to dismiss appeals is denied. Further, ORDERED that appellant’s March 4, 2020 “motion to strike appellee’s motion to dismiss ‘appeals’ with prejudice, motion in limine, and motion for extension of time” is granted in part and denied in part. The motions to strike and in limine are denied. The motion for extension of time is granted, and the initial brief is deemed timely filed as of the date of this order.
|
|
Docket Date |
2020-03-04
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2020-03-04
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ AND MOTION TO STRIKE - (DENIED - SEE 03/09/20 ORDER)
|
|
Docket Date |
2020-02-11
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
Deny Consolidation ~ ORDERED that the motion to consolidate filed January 23, 2020 in 4D19-3446 and 4D20-0199 is denied; further, ORDERED that the motion for extension of time filed by petitioners/appellant on February 10, 2020 is granted in part. Petitioners Alison Rampersad and Linda Whitlock shall file a petition and appendix in 4D20-0199 no later than twenty (20) days from the date of this order. Appellant Terry Whitlock shall file an initial brief in 4D19-3446 no later than twenty (20) days from the date of this order. Absent extraordinary circumstances, no further extensions of time will be granted.
|
|
Docket Date |
2020-02-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE BRIEF AND PETITION
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2020-01-23
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate ~ WITH 20-199
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2020-01-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1,491 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2020-01-15
|
Type |
Order
|
Subtype |
Order on Motion For Clarification
|
Description |
Deny Clarification ~ Upon consideration of appellant’s January 9, 2020 amended objection, it is ORDERED that appellee’s December 24, 2019 “motion by Coco Wood Lakes Association, Inc. for clarification concerning order dated December 10, 2019” is denied.
|
|
Docket Date |
2020-01-09
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ AMENDED
|
|
Docket Date |
2020-01-06
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection
|
|
Docket Date |
2019-12-24
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion for Clarification
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2019-12-10
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2019-12-10
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Upon consideration of appellants’ November 13, 2019 “brief response statement regarding standing and motion for substitution of parties” and appellee’s November 26, 2019 response, it is ORDERED that the above-styled appeal is dismissed as to appellants Alison Rampersad and Linda Whitlock. Further, ORDERED the appellants’ motion for substitution of parties is denied, and the appeal shall proceed as to appellant Terry S. Whitlock only. TAYLOR, CIKLIN and KUNTZ, JJ., concur.
|
|
Docket Date |
2019-11-26
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2019-11-15
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-11-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ ORDERED that appellant’s Affidavit of Indigent Status is stricken without prejudice to completing the enclosed application and mailing it to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. Fla. R. App. P. 9.430(a).
|
|
Docket Date |
2019-11-13
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a circuit court clerk’s determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2016). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, Terry Whitlock shall pay the $295.00 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/striking of the notice of joinder 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 joinder has a duty to tender the filing fee to the appellate court when the notice 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 Florida Department of Financial Services for collection.
|
|
Docket Date |
2019-11-13
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ AND MOTION FOR SUBSTITUTION OF PARTIES
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-11-13
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF COMPLIANCE: AFFIDAVIT OF INDIGENCY
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-11-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ THIRD NOTICE OF COMPLIANCE: APPLICATION OF INDIGENCY
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-11-12
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that the lower tribunal clerk is directed to respond, within ten (10) days from the date of this order, to appellant, Linda Whitlock’s November 12, 2019 second notice of compliance.
|
|
Docket Date |
2019-11-12
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2019-11-08
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED that the appellant, Linda Whitlock’s November 7, 2019 notice of compliance is stricken as unauthorized without prejudice to appellant filing an application for determination of indigent status directly with the clerk of the lower tribunal, as required by this court’s November 7, 2019 order.
|
|
Docket Date |
2019-11-07
|
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 |
2019-11-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2019-11-07
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF COMPLIANCE: AFFIDAVIT OF INDIGENCY
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-11-06
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2019-11-06
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Alison Rampersad
|
|
|
ALISON RAMPERSAD and LINDA WHITLOCK VS COCO WOOD LAKES ASSOCIATION, INC.
|
4D2019-2938
|
2019-09-18
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009672
|
Parties
Name |
Alison Rampersad
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Linda Whitlock
|
Role |
Appellant
|
Status |
Active
|
|
Name |
COCO WOOD LAKES ASSOCIATION, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Gerard S. Collins
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-10-11
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2019-10-11
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED, on the court’s own motion, that the petition for writ of certiorari is dismissed. The July 31, 2019 nonfinal order determining entitlement to fees, but not the amount, is not appealable or subject to certiorari review as an adequate remedy is available on appeal from a final order if necessary. See Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994). Further, the motion for relief from judgment that petitioners filed was unauthorized, and the denial of that relief is not subject to review. Hi-Tech Mktg. Group, Inc. v. Thiem, 659 So. 2d 479, 479 (Fla. 4th DCA 1995). To the extent petitioners’ motion requested rehearing or reconsideration, the motion was unauthorized from a nonfinal order and did not toll rendition. Decktight Roofing Services, Inc. v. Amwest Sur. Ins., 841 So. 2d 667, 668 (Fla. 4th DCA 2003). Review was not timely sought from the order determining entitlement. Fla. R. App. P. 9.100(c)(1).CIKLIN, CONNER and FORST, JJ., concur.
|
|
Docket Date |
2019-09-26
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ (AMENDED)
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-09-25
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ (AMENDED)
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-09-23
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Certificate of Indigency ~ CLERK'S CERTIFICATE OF INDIGENCYThe Clerk of the District Court of Appeal, Fourth District, has received an Affidavit of Indigency, for appellant, Linda Whitlock, and issues this Certificate of Indigency in accordance with section 57.081(1), Florida Statutes. This case shall proceed without the requirement of prepayment of fees and costs, subject to the provisions of section 57.081(3), Florida Statutes, as to appellant, Linda Whitlock.
|
|
Docket Date |
2019-09-19
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed 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. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
Docket Date |
2019-09-19
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2019-09-19
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF INDIGENT STATUS
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-09-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
DM:No Fee - Case Dismissed
|
|
Docket Date |
2019-09-18
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
Linda Whitlock
|
|
|
LINDA WHITLOCK VS DEPT. OF BUSINESS & PROFESSIONAL REG., et al.
|
4D2019-2102
|
2019-07-05
|
Closed
|
|
Classification |
NOA Final - Administrative - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
DS 2018-02-0647
|
Parties
Name |
Linda Whitlock
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Department of Business & Professional Regulation
|
Role |
Appellee
|
Status |
Active
|
Representations |
Ross Marshman, CHEVONNE TIFFANY CHRISTIAN
|
|
Name |
COCO WOOD LAKES ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES AND MOBILE HOMES
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Alison Rampersad
|
Role |
Appellee
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-09-19
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ CLERK'S CERTIFICATE OF INDIGENCY
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-08-28
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's August 28, 2019 correspondence is stricken as unauthorized without prejudice to filing a proper pleading with the court.
|
|
Docket Date |
2019-08-14
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-08-14
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ TO APPELLEE'S MOTION TO DISMISS
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-07-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that appellant's July 25, 2019 motion for extension of time is granted, and the time for filing a response to appellee’s July 11, 2019 motion to dismiss is extended fifteen (15) days from the date of this order.
|
|
Docket Date |
2019-07-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ TO APPELLEE'S MOTION TO DISMISS APPEAL
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-07-11
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO DISMISS
|
|
Docket Date |
2019-07-11
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
|
Docket Date |
2019-07-10
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Certificate of Indigency ~ CLERK'S CERTIFICATE OF INDIGENCYThe Clerk of the District Court of Appeal, Fourth District, has received for filing an Affidavit of Indigency and issues this Certificate of Indigency in accordance with section 57.081(1), Florida Statutes. This case shall proceed without the requirement of prepayment of fees and costs, subject to the provisions of section 57.081(3), Florida Statutes.
|
|
Docket Date |
2019-07-09
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ APPLICATION FOR DETERMINATION OF INDIGENT STATUS
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-07-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2019-07-05
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2019-07-05
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-09-05
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s August 14, 2019 objection, it is ORDERED that appellee The Department of Business & Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes’ July 11, 2019 motion to dismiss is granted, and the above-styled appeal is dismissed for lack of jurisdiction. § 718.1255(4), Fla. Stat. (2019) (“The decision of an arbitrator shall be final; however, a decision shall not be deemed final agency action. Nothing in this provision shall be construed to foreclose parties from proceeding in a trial de novo unless the parties have agreed that the arbitration is binding. If judicial proceedings are initiated, the final decision of the arbitrator shall be admissible in evidence in the trial de novo.”); Kahn v. Villas at Eagles Point Condo. Ass’n, Inc., 693 So. 2d 1029, 1030 (Fla. 2d DCA 1997) (explaining that the circuit court reviews de novo the decision of an arbitrator in a condominium arbitration).WARNER, CONNER and KLINGENSMITH, JJ., concur.
|
|
Docket Date |
2019-09-05
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2019-09-05
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 195 PAGES
|
|
Docket Date |
2019-08-28
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Misc. LT pleadings ~ **STRICKEN**
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-07-08
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Agency ~ The $300.00 filing fee or affidavit of indigency in conformance with section 57.081, Florida Statutes, did not accompany the notice as required in Florida Rules of Appellate Procedure 9.110(c). The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed 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. 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 an affidavit of indigency is filed and indigency status is granted.
|
|
|
ALISON RAMPERSAD and LINDA J. WHITLOCK VS COCO WOOD LAKES ASSOCIATION, INC.
|
4D2019-0309
|
2019-02-04
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Mandamus
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009672
|
Parties
Name |
Linda Whitlock
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Alison Rampersad
|
Role |
Appellant
|
Status |
Active
|
|
Name |
COCO WOOD LAKES ASSOCIATION, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Gerard S. Collins
|
|
Name |
Hon. Howard Coates, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-02-26
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2019-02-26
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Petition for Writ - Mandamus ~ ORDERED that Petitioners’ February 12, 2019 motion for clarification is denied; further,ORDERED that the petition for writ of mandamus is denied. Denial is without prejudice for Petitioners to set a hearing on the exemption claim as to the Rampersad TD Bank account.DAMOORGIAN, CONNER and KUNTZ, JJ., concur.
|
|
Docket Date |
2019-02-21
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-02-12
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-02-12
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion For Clarification ~ **DENIED. SEE 02/26/2019 ORDER.** OF FILING FEE PAYMENT ORDERED FEBRUARY 4, 2019 AND NOTICE OF PAYMENT WITH OBJECTION
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-02-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2019-02-04
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus / Acknowledgment letter
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2019-02-04
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed 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. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
|
ALISON RAMPERSAD and LINDA WHITLOCK VS COCO WOOD LAKES ASSOCIATION, INC.
|
4D2018-1672
|
2018-06-01
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009672XXXXMB
|
Parties
Name |
Linda Whitlock
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Alison Rampersad
|
Role |
Appellant
|
Status |
Active
|
|
Name |
COCO WOOD LAKES ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Gerard S. Collins
|
|
Name |
Hon. Joseph George Marx
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-07-02
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellants' June 7, 2019 "motion for relief of order dismissing appeal dated 4/15/19 and order denying rehearing dated 5/24/19 pursuant to rule 1.540 FRCP" is denied. No further motions will be accepted which are directed to this court.
|
|
Docket Date |
2019-06-07
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ MOTION FOR RELIEF OF ORDER DISMISSING APPEAL DATED 4/15/19 AND ORDER DENYING REHEARING DATED 5/24/19 PURSUANT TO RULE 1.540 FRCP
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2019-05-24
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellants' April 30, 2019 "motion for rehearing, motion for certification of questions of great public importance, and motion for certification of conflict" is denied. Further, ORDERED that appellee's April 18, 2019 "motion by appellee Coco Wood Lakes Association, Inc. for entitlement to prevailing party attorneys' fees and costs" is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
Docket Date |
2019-04-30
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ MOTION FOR CERTIFICATION OF QUESTIONS OF GREAT PUBLIC IMPORTANCE,AND MOTION FOR CERTIFICATION OF CONFLICT
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2019-04-18
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2019-04-15
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2019-04-15
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellants’ March 15, 2019 “amended verified motion to dismiss Coco Wood Lakes meritless monetary claim and suspension with punitive damages pursuant to §§720.304 F.S.” is denied. Further,ORDERED that appellants’ March 25, 2019 “corrected motion to strike dismissal of appeal and motion for criminal referral for obstruction” is denied. Further,This court notes that after the appellants were given 90 days of extensions of time to file the initial brief, this court issued an order to cause on December 27, 2018 why the case should not be dismissed for lack of timely prosecution. Upon consideration of the appellants’ January 11, 2019 response, this court granted the appellants 10 days of extensions of time to file the initial brief. The appellants then again moved for an extension of time to file the initial brief, and on February 11, 2019, this court granted a final ten days to file the brief with no further extensions. Instead of filing the brief by the deadline imposed, the appellants moved for rehearing of this court’s February 11, 2019 order. This court denied the motion for rehearing and ordered the brief to be filed within 5 days. Again, instead of filing the brief by the deadline imposed, the appellants filed the “verified motion to dismiss” on March 4, 2019. Therefore, it is ORDERED that appellee’s March 18, 2019 “motion to dismiss appeal with prejudice for noncompliance by appellants with court order dated February 25, 2019” is granted, and the above-styled appeal is dismissed.MAY, CIKLIN and KLINGENSMITH, JJ., concur.
|
|
Docket Date |
2019-03-25
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ *CORRECTED MOTION FILED** DISMISSAL AND MOTION FOR CRIMINAL REFERRAL.
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-03-18
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ FOR NON COMPLIANCE BY APPELLANTS WITH COURT ORDER DATED FEBRUARY 25, 2019
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2019-03-15
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ AMENDED VERIFIED MOTION TO DISMISS COCO WOOD LAKES MERITLESS MONETARY CLAIM AND MEMBERSHIP SUSPENSION WITH PUNITIVE DAMAGES
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2019-03-12
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ ORDERED that appellants' March 11, 2019 motion for leave to file amended March 4, 2019 motion is granted and appellants shall file the amended motion within three (3) days from the date of this order.
|
|
Docket Date |
2019-03-11
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE AMENDED MARCH 4, 2019 MOTION.
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2019-03-04
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ MOTION TO DISMISS COCO WOOD LAKESMERITLESS MONETARY CLAIM AND SUSPENSION OFASSOCIATION VOTING AND AMENITIES USE RIGHTSWITH PUNITIVE DAMAGES PURSUANT TO §§720.304 F.S.
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2019-02-25
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
Order Denying Rehearing Interim Order ~ ORDERED that appellants' February 21, 2019 "motion for rehearing of February 11, 2019 order," including the request for judicial notice, is denied. The appellants shall serve the initial brief within five (5) days from the date of this order. Failure to comply with this order will result in dismissal of this appeal for lack of prosecution without further notice.
|
|
Docket Date |
2019-02-21
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing/Interim Order ~ OF 2/11/19 ORDER.
|
On Behalf Of |
Alison Rampersad
|
|
Docket Date |
2019-02-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ Upon consideration of appellee's February 4, 2019 objection, it is ORDERED that appellants' February 4, 2019 "motion for declaratory statement or in the alternative a motion for extension of time" is granted in part, and appellants shall serve the initial brief within ten (10) 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. Appellants are 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.
|
|
Docket Date |
2019-02-04
|
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 |
Alison Rampersad
|
|
Docket Date |
2019-02-04
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2019-01-23
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The court notes that the appellants' November 26, 2018 response to this court's order requesting the status of the payment for the record on appeal also contained a "writ of mandamus to compel covenant compliance." However, "[t]he original jurisdiction over the court shall be invoked by filing a petition, accompanied by any filing fees prescribed by law, with the clerk of the court having jurisdiction." Fla. R. App. P. 9.100(a). Therefore, to the extent appellants are seeking a writ of mandamus, this court declines to treat the status report as a properly filed petition. Appellants are reminded that petitions need to be filed separately from any pending appeals.
|
|
Docket Date |
2019-01-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO 12/27/18 ORDER.
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2018-12-27
|
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 January 11, 2019, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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 |
2018-12-10
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Deny Motion to Supplement Record ~ ORDERED that appellants' November 19, 2018 motion to supplement record on appeal and motion for extension of time is denied without prejudice to refiling the motion identifying the "missing documents and records including transcripts."
|
|
Docket Date |
2018-11-26
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ SUPREME COURT ORDER DATED NOVEMBER 21, 2018 DENYING APPELLANTS' PETITION FOR REVIEW
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2018-11-26
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO 10/25/18 ORDER.
|
|
Docket Date |
2018-11-19
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Mot. file supp'l ROA & toll time
|
|
Docket Date |
2018-10-25
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (1252 PAGES)
|
|
Docket Date |
2018-10-25
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order for Status Report Re: ROA ~ Upon consideration of the inability to transmit record on appeal filed by the clerk of the lower tribunal on October 15, 2018, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
Docket Date |
2018-10-17
|
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 October 10, 2018 motion for extension of time 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.
|
|
Docket Date |
2018-10-15
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL.
|
|
Docket Date |
2018-10-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
|
Docket Date |
2018-08-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' August 17, 2018 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) 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 the motion to dismiss and for sanctions included in appellee's August 17, 2018 response is denied.
|
|
Docket Date |
2018-08-17
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ *AND* MOTION TO DISMISS AND FOR SANCTIONS.
|
On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
|
|
Docket Date |
2018-08-17
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
|
Docket Date |
2018-08-10
|
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 20, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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 |
2018-07-09
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ ORDER APPEALED.
|
|
Docket Date |
2018-07-05
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Aplnt to file underlying order being appealed ~ The Notice of Appeal seeks an appeal of the order denying a motion for rehearing. An order denying a motion for rehearing is not independently appealable. Within ten (10) days from the date of this order, Appellant shall submit a conformed copy of the April 25, 2018 order which is the subject of the motion for rehearing for the purpose of determining whether the filing of the motion for rehearing tolled the jurisdictional time limit of the filing of the Notice of Appeal of the underlying order from which appellant seeks review.
|
|
Docket Date |
2018-07-03
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF COMPLIANCE W/ 7/3/18 ORDER.
|
|
Docket Date |
2018-07-03
|
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 Florida Rule of Appellate Procedure 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.
|
|
Docket Date |
2018-07-02
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
|
Docket Date |
2018-06-14
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF PAYING FILING FEE.
|
|
Docket Date |
2018-06-04
|
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. 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 |
2018-06-04
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2018-06-01
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Linda Whitlock
|
|
Docket Date |
2018-06-01
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
ALISON RAMPERSAD, ET AL. VS COCO WOOD LAKES ASSOCIATION, INC.
|
SC2018-0398
|
2018-03-07
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Constitutional Construction
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009672XXXXMB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D17-2141
|
Parties
Name |
Alison Rampersad
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Linda Whitlock
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
COCO WOOD LAKES ASSOCIATION, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Gerard S. Collins, Jonathon J. Rohacek
|
|
Name |
Hon. Joseph George Marx
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Sharon Repak Bock
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-11-21
|
Type |
Disposition
|
Subtype |
Rev DY Lack Juris
|
Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).Respondent's Objection To Any Further Extensions of Time to Petitioners has been treated as a motion to dismiss, and said motion is hereby denied as moot.
|
|
Docket Date |
2018-09-28
|
Type |
Order
|
Subtype |
Brief Non-Filing (Answer Brief)
|
Description |
ORDER-BRIEF NON-FILING (ANSWER BRIEF) ~ Counsel for respondent having not filed an answer brief, the above case has been submitted to the Court for consideration.
|
|
Docket Date |
2018-08-30
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE
|
On Behalf Of |
Coco Wood Lakes Association, Inc.
|
View |
View File
|
|
Docket Date |
2018-08-30
|
Type |
Motion
|
Subtype |
Dismiss
|
Description |
MOTION-DISMISS ~ Filed as Respondent's Objection to any Further Extensions of Time to Petitioners
|
On Behalf Of |
Coco Wood Lakes Association, Inc.
|
View |
View File
|
|
Docket Date |
2018-08-30
|
Type |
Brief
|
Subtype |
Juris Initial (Amended)
|
Description |
JURIS INITIAL AMD BRIEF ~ PETITIONERS' AMENDED BRIEF ON JURISDICTION
|
On Behalf Of |
Linda Whitlock
|
View |
View File
|
|
Docket Date |
2018-04-11
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief)
|
Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ Petitioners' Motion for Extension of Time to File Jurisdiction Brief
|
On Behalf Of |
Alison Rampersad
|
View |
View File
|
|
Docket Date |
2018-04-02
|
Type |
Event
|
Subtype |
Fee Paid in Full - $300
|
Description |
Fee Paid In Full - $300
|
|
Docket Date |
2018-03-27
|
Type |
Order
|
Subtype |
Dismissal re: Failure To Comply
|
Description |
ORDER-DISMISSAL RE: FAILURE TO COMPLY ~ In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410.We have not received the jurisdiction brief and appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced documents with this Court within 15 days from the date of this order could result in the imposition of sanctions, including dismissal of the petition.Please understand that once this case is dismissed, it may not be subject to reinstatement.
|
|
Docket Date |
2018-08-10
|
Type |
Order
|
Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioners' amended jurisdictional brief, which was filed with this Court on August 9, 2018, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioners are hereby directed, on or before August 30, 2018, to file an amended jurisdictional brief with appendix which shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed ten pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author, shall be excluded from the computation. The appendix shall contain only a copy of the opinion or order of the district court of appeal to be reviewed. Failure to file a compliant brief with this Court within the allotted time could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it may not be subject to reinstatement.
|
|
Docket Date |
2018-08-09
|
Type |
Brief
|
Subtype |
Juris Initial (Amended)
|
Description |
JURIS INITIAL AMD BRIEF ~ Stricken August 10, 2018, for non-compliance. Brief exceeds page limit.
|
On Behalf Of |
Linda Whitlock
|
View |
View File
|
|
Docket Date |
2018-07-27
|
Type |
Order
|
Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioners' amended jurisdictional briefs, which were filed with this Court on June 22, 2018, and June 25, 2018, do not comply with Florida Rule of Appellate Procedure 9.210 and both are hereby stricken. Petitioners are hereby directed, on or before August 9, 2018, to file an amended jurisdictional brief which shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed ten pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author, shall be excluded from the computation. The appendix shall contain only a copy of the opinion or order of the district court of appeal to be reviewed.Failure to file a compliant brief with this Court within the allotted time could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it may not be subject to reinstatement.Petitioners' Motion for Leave to File Amended Initial Brief of Petitioners is hereby denied as moot.
|
|
Docket Date |
2018-06-25
|
Type |
Brief
|
Subtype |
Juris Initial (Amended)
|
Description |
JURIS INITIAL AMD BRIEF ~ Petitioner's Amended Brief on Jurisdiction (with appendix) -- Stricken July 27, 2018, for non-compliance; contains a summary of the argument but no argument.
|
On Behalf Of |
Alison Rampersad
|
View |
View File
|
|
Docket Date |
2018-06-25
|
Type |
Motion
|
Subtype |
Brief Amendment
|
Description |
MOTION-BRIEF AMENDMENT ~ Motion for Leave to File Amended Initial Brief of Petitioners
|
On Behalf Of |
Alison Rampersad
|
View |
View File
|
|
Docket Date |
2018-06-22
|
Type |
Brief
|
Subtype |
Juris Initial (Amended)
|
Description |
JURIS INITIAL AMD BRIEF ~ Petitioner's Brief on Jurisdiction (with appendix) -- Stricken July 27, 2018, for non-compliance; contains a summary of the argument but no argument.
|
On Behalf Of |
Alison Rampersad
|
View |
View File
|
|
Docket Date |
2018-05-24
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted, and petitioner is allowed to and including June 22, 2018, in which to serve the brief on jurisdiction. No further extensions will be granted. All other times will be extended accordingly.
|
|
Docket Date |
2018-05-22
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONDENT'S OBJECTION TO PETITIONERS' MOTIONFOR EXTENSION OF TIME TO FILE AMENDED JURISDICTION BRIEF
|
On Behalf Of |
Coco Wood Lakes Association, Inc.
|
View |
View File
|
|
Docket Date |
2018-05-21
|
Type |
Motion
|
Subtype |
Ext of Time (Juris Brief)
|
Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
On Behalf Of |
Linda Whitlock
|
View |
View File
|
|
Docket Date |
2018-04-30
|
Type |
Order
|
Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's jurisdiction brief, which was filed with this Court on April 27, 2018, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioners are hereby directed, on or before May 21, 2018 to file an amended jurisdiction brief with appendix which shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed ten pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author, shall be excluded from the computation. The appendix shall contain only a copy of the opinion or order of the district court of appeal to be reviewed.
|
|
Docket Date |
2018-04-27
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF ~ Petitioners' Brief on Jurisdiction -- Stricken April 30, 2018, for non-compliance. Brief does not contain a table of citations, an argument or an appendix.
|
On Behalf Of |
Linda Whitlock
|
View |
View File
|
|
Docket Date |
2018-04-12
|
Type |
Order
|
Subtype |
Extension of Time (Juris Brief)
|
Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioners' motion for extension of time is granted, and petitioners are allowed to and including April 27, 2018, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
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Docket Date |
2018-03-15
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Type |
Notice
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Subtype |
Appearance
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Description |
NOTICE-APPEARANCE
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On Behalf Of |
Coco Wood Lakes Association, Inc.
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View |
View File
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Docket Date |
2018-03-13
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Type |
Order
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Subtype |
Filing Fee Due
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Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including April 12, 2018, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
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Docket Date |
2018-03-13
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Type |
Letter-Case
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Subtype |
Acknowledgment Letter-New Case
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Description |
ACKNOWLEDGMENT LETTER-NEW CASE
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Docket Date |
2018-03-07
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Type |
Notice
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Subtype |
Invoke Discretionary Jurisdiction
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Description |
NOTICE-DISCRETIONARY JURIS (CONST CONSTR)
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On Behalf Of |
Alison Rampersad
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View |
View File
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Docket Date |
2018-03-07
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
A3:Paid In Full - $300
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SEAN FINDLEY and SUSAN FINDLEY VS NATIONSTAR MORTGAGE, LLC
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4D2017-2754
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2017-08-30
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Closed
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Classification |
NOA Non Final - Circuit Civil - Foreclosure
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Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA005814XXXXMB
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Parties
Name |
SUSAN W. FINDLEY
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Role |
Appellant
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Status |
Active
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Name |
SEAN E. FINDLEY
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Role |
Appellant
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Status |
Active
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Name |
FORECLOSURE, INC.
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Role |
Appellant
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Status |
Active
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Name |
JOEL REESE
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Role |
Appellee
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Status |
Active
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Name |
NATIONSTAR MORTGAGE LLC
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Role |
Appellee
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Status |
Active
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Representations |
Andrea L. Pearl, SHERI M. ALTER, Robertson, Anschutz & Schneid, William P. Heller, Nancy M. Wallace, Eric M. Levine
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Name |
COCO WOOD LAKES ASSOCIATION, INC.
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Role |
Appellee
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Status |
Active
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Name |
HON. DAVID E. FRENCH
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
Clerk - Palm Beach
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2017-11-15
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Type |
Disposition
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Subtype |
Dismissed
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Description |
Dismissed - Order by Clerk
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Docket Date |
2017-11-15
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 14, 2017 stipulated dismissal of appeal, this case is dismissed.
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Docket Date |
2017-11-14
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Type |
Motions Other
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Subtype |
Motion/Notice Voluntary Dismissal
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Description |
Notice of Voluntary Dismissal
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On Behalf Of |
Nationstar Mortgage, LLC
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Docket Date |
2017-10-02
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Type |
Record
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Subtype |
Appendix
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Description |
Appendix to Brief
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On Behalf Of |
Nationstar Mortgage, LLC
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Docket Date |
2017-10-02
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Appellee's Answer Brief
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On Behalf Of |
Nationstar Mortgage, LLC
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Docket Date |
2017-09-15
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Type |
Notice
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Subtype |
Amended Notice of Appeal
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Description |
Amended Notice of Appeal ~ CERT. COPY FILED 9/15/17
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On Behalf Of |
Nationstar Mortgage, LLC
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Docket Date |
2017-09-15
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Type |
Record
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Subtype |
Appendix
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Description |
Appendix ~ TO INITIAL BRIEF.
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On Behalf Of |
SUSAN W. FINDLEY
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Docket Date |
2017-09-15
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Type |
Brief
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Subtype |
Initial Brief
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Description |
Initial Brief on Merits
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On Behalf Of |
SUSAN W. FINDLEY
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Docket Date |
2017-08-31
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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 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. 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.
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Docket Date |
2017-08-31
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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Docket Date |
2017-08-30
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed
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On Behalf Of |
SEAN E. FINDLEY
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Docket Date |
2017-08-30
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
A3:Paid In Full - $300
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ALISON RAMPERSAD and LINDA WHITLOCK VS COCO WOOD LAKES ASSOCIATION, INC.
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4D2017-2141
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2017-07-12
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Closed
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Classification |
NOA Final - Circuit Civil - Other
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Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009672XXXXMB
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Parties
Name |
Alison Rampersad
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Role |
Appellant
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Status |
Active
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Name |
Linda Whitlock
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Role |
Appellant
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Status |
Active
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Name |
COCO WOOD LAKES ASSOCIATION, INC.
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Role |
Appellee
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Status |
Active
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Representations |
Gerard S. Collins, Jonathan J. Rohacek
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Name |
Hon. Joseph George Marx
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
Clerk - Palm Beach
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Role |
Lower Tribunal Clerk
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Status |
Active
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Name |
FLORIDA SUPREME COURT CLERK
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2018-11-21
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Type |
Supreme Court
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Subtype |
Supreme Court Miscellaneous
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Description |
Supreme Court Disposition ~ SC18-398
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Docket Date |
2018-03-15
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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 |
COCO WOOD LAKES ASSOCIATION, INC.
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Docket Date |
2018-03-14
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Type |
Supreme Court
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Subtype |
Acknowledged Receipt from Supreme Court
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Description |
Ack. Receipt from Supreme Court ~ SC18-398
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Docket Date |
2018-03-07
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Type |
Supreme Court
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Subtype |
Notice to Invok. Disc. Jur. FSC
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Description |
Notice of Discretionary Jurisdiction to Supreme Court
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Docket Date |
2018-03-07
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Type |
Notice
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Subtype |
Notice
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Description |
Notice sent to the Supreme Court
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Docket Date |
2018-02-05
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Type |
Order
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Subtype |
Order on Motion for Rehearing
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Description |
ORD-Denying Rehearing ~ ORDERED that the appellee's January 5, 2018 motion for attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee; further, ORDERED that the motion for costs filed by Jonathan J. Rohacek, Esq. is denied without prejudice to seek costs in the trial court; further,ORDERED that the appellants' January 17, 2018 amended motion for rehearing, certification of questions of great public importance and for certification of conflict is denied.
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Docket Date |
2018-01-17
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Type |
Post-Disposition Motions
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Subtype |
Motion for Rehearing
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Description |
Motion For Rehearing ~ /MOTION FOR CERTIFICATION OF QUESTIONS OF GREAT PUBLIC IMPORTANCE *AND* MOTION FOR CERTIFICATION OF CONFLICT
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Docket Date |
2018-01-05
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Type |
Post-Disposition Motions
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Subtype |
Motion for Rehearing
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Description |
Motion For Rehearing ~ /MOTION FOR CERTIFICATION OF QUESTIONS OF GREAT PUBLIC IMPORTANCE *AND* MOTION FOR CERTIFICATION OF CONFLICT
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Docket Date |
2018-01-05
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
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Docket Date |
2017-12-21
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Type |
Disposition
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Subtype |
Dismissed
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Description |
Dismissed - Order by Judge
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Docket Date |
2017-12-21
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Type |
Order
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Subtype |
Order on Motion To Dismiss
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Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellee's December 6, 2017 motion to dismiss is granted, and this appeal is dismissed as being from nonfinal, nonappealable orders. Dismissal is without prejudice to appellants to timey file new appeals from a final order dismissing the case below, and from a final order fixing the amount of attorneys' fees. The motion to supplement contained in appellants' December 18, 2017 response is denied as moot.GROSS, FORST and KUNTZ, JJ., concur.
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Docket Date |
2017-12-18
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Type |
Response
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Subtype |
Response
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Description |
Response ~ IN OPPOSITION TO APPELLEES' MOTION TO DISMISS APPEAL *AND* MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
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Docket Date |
2017-12-06
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Type |
Motions Other
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Subtype |
Motion To Dismiss
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Description |
Motion To Dismiss ~ *AND* NOTICE OF NONCOMPLIANCE WITH 11/01/17 ORDER
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On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
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Docket Date |
2017-11-20
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Type |
Order
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Subtype |
Order on Motion for Sanctions
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Description |
Order Denying Motion for Sanctions ~ ORDERED that appellants' motion for sanctions, included in their November 1, 2017 response in opposition to appellee's October 30, 2017 motion to dismiss, is denied.
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Docket Date |
2017-11-01
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Type |
Response
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Subtype |
Response
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Description |
Response ~ OPPOSITION TO MOTION TO DISMISS APPEAL WITH PREJUDICE AND FORSANCTIONS FILED BY APPELLEE *AND* MOTION TO STRIKE WITH SANCTIONS
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Docket Date |
2017-11-01
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
Grant Extension of Time ~ ORDERED that appellants' October 19, 2017 motion for extension of time is granted and appellants shall have thirty (30) days from the date of this order to obtain a final order which actually dismisses the case below, as well as a final order which fixes the amount of attorneys' fees awarded. No further extensions will be granted, and failure to file the final order of dismissal and the final order fixing the amount of attorneys' fees within thirty (30) days will result in dismissal. If appellants cannot obtain an order fixing the amount of fees within this 30-day period, but ARE able to obtain a final order of dismissal, this appeal can proceed from the dismissal only and appellants can file a separate appeal from a final order fixing the amount of attorneys' fees. Further ORDERED that appellee's October 30, 2017 motion to dismiss and for sanctions is denied.
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Docket Date |
2017-10-30
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Type |
Response
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Subtype |
Response
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Description |
Response ~ IN OPPOSITION TO MOTION FOR EOT *AND* MOTION TO DISMISS APPEAL *AND* FOR SANCTIONS
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On Behalf Of |
COCO WOOD LAKES ASSOCIATION, INC.
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Docket Date |
2017-10-19
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time
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Description |
Motion for Extension of Time ~ TO OBTAIN AND FILE FINAL ORDER
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Docket Date |
2017-09-20
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
Grant Extension of Time ~ ORDERED that appellants' September 4, 2017 motion for extension of time and clarification is granted in part and denied in part. The motion for extension of time is granted, and appellants shall have thirty (30) days from the date of this order to obtain a final order which actually dismisses the case below, as well as a final order which fixes the amount of attorneys' fees awarded. The motion for clarification is denied.
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Docket Date |
2017-09-04
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time
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Description |
Motion for Extension of Time ~ *AND* CLARIFICATION
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Docket Date |
2017-08-15
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Type |
Order
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Subtype |
Order
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Description |
ORD-Granting Clarification ~ ORDERED that appellants' August 9, 2017 motion for clarification is granted. As to the August 2, 2017 order from the trial court which was attached as the first of two duplicate Exhibit D’s to appellants' August 8, 2017 amended notice of appeal and which was attached as Exhibit C to appellants’ August 7, 2017 response, the court finds that the order is NOT final and appealable because it still merely grants the motion to dismiss rather than actually dismissing the case. Accordingly, appellants are again ORDERED to obtain and file with this court a final order that actually dismisses the case within twenty (20) days from the date of this order.Further, as to the July 20, 2017 order deferring ruling on attorneys’ fees (Exhibit C to the amended notice of appeal) and the August 2, 2017 order granting entitlement to attorneys’ fees without fixing the amount (second duplicate Exhibit D to the amended notice of appeal), this court issued the August 9, 2017 order directing appellants to file a jurisdictional statement explaining how those orders are final and appealable. See Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007) (orders granting entitlement to attorneys’ fees without fixing the amount are not final and appealable). However, if appellants obtain and file with this court a final order which fixes the amount of attorneys’ fees and costs within twenty (20) days from the date of this order, the appeal may proceed from that order, and the need for the jurisdictional statement will be discharged.
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Docket Date |
2017-08-09
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Type |
Order
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Subtype |
Order to File Response re Jurisdiction
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Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellants 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. Appellants shall specifically address how the July 20, 2017 order deferring judgment on entitlement to attorneys' fees and costs and the August 2, 2017 order granting defendant entitlement to prevailing party attorneys' fees and costs and vacating order dated 7.20.17 are appealable orders, as they do not fix the amount of attorneys' fees awarded. See Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007).; furtherAppellee may file a response within ten (10) days of service of that statement.
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Docket Date |
2017-08-09
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Type |
Post-Disposition Motions
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Subtype |
Motion For Clarification
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Description |
Motion for Clarification ~ OF AUGUST 9, 2017 ORDER
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Docket Date |
2017-08-08
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Type |
Notice
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Subtype |
Amended Notice of Appeal
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Description |
Amended Notice of Appeal
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Docket Date |
2017-08-07
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Type |
Response
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Subtype |
Response
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Description |
Response ~ "NOTICE OF FILING IN RESPONSE TO ORDER DATED JULY 12, 2017"
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Docket Date |
2017-07-12
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Type |
Order
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Subtype |
Order to File Response re Jurisdiction
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Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ's Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
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Docket Date |
2017-07-12
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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Docket Date |
2017-07-12
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed
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On Behalf Of |
Alison Rampersad
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Docket Date |
2017-07-12
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
A3:Paid In Full - $300
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