| Docket Date |
2020-10-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-09-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The appellant's motion for appellate attorney's fees and costs is denied.
|
|
| Docket Date |
2020-09-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-09-16
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WESTWINDS VILLAGE, INC.
|
|
| Docket Date |
2020-05-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2020-05-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2020-05-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2020-04-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved within 30 days from the date of this order.
|
|
| Docket Date |
2020-04-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2020-03-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Pursuant to the notice of voluntary dismissal filed by the appellee, the cross-appeal is dismissed.
|
|
| Docket Date |
2020-03-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
WESTWINDS VILLAGE, INC.
|
|
| Docket Date |
2020-03-09
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ OF CROSS-APPEAL
|
| On Behalf Of |
WESTWINDS VILLAGE, INC.
|
|
| Docket Date |
2020-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 20 - AB DUE 3/17/20
|
| On Behalf Of |
WESTWINDS VILLAGE, INC.
|
|
| Docket Date |
2020-01-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2020-01-14
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2019-11-18
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ DIRECTIONS TO CLERK
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2019-08-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ NICHOLAS - 1337 PAGES
|
|
| Docket Date |
2019-08-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
Order Denying Substitution of Parties ~ Pursuant to the appellant's status report filed August 22, 2019, Virginia Simons is withdrawn as an appellant. Joseph J. Simons is now the sole appellant in this appeal.The appellant's motion for substitution of parties is denied as moot.The court notes the final judgment attached to the status report.
|
|
| Docket Date |
2019-08-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ ***COPY OF FINAL JUDGMENT ON APPEAL ATTACHED***STATUS REPORT
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2019-08-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within 10 days of the date of this order the appellants shall file a status report in response to this court's July 11, 2019, order. The court reminds the appellants that, as noted in that order, two issues require attention.
|
|
| Docket Date |
2019-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ The appellants' motion to stay the appeal is granted to the extent that this appeal shall be held in abeyance for 30 days from the date of this order to allow for the appointment of a personal representative for the estate of appellant Virginia Simons. Counsel for the appellants shall file a status report within 30 days of the date of this order, attaching any appropriate order of the probate court. The appellants' motion for substitution of parties remains pending.The court notes that the appellants have not filed a copy of a final judgment issued by the trial court in response to this court's May 19, 2019, order. Counsel for the appellant shall address that issue in his status report.
|
|
| Docket Date |
2019-06-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ MOTION TO STAY OR IN THE ALTERNATIVE CLARIFICATION OF PERSONAL REPRESENTATIVE
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2019-06-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2019-06-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within 10 days of the date of this order, counsel for the appellants shall supplement his motion to substitute with documentation demonstrating the appointment of a personal representative.The appellant is reminded of this court's May 17. 2019, fee order. In the absence of the timely submission of the filing fee the appeal will be at risk of dismissal.
|
|
| Docket Date |
2019-06-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2019-05-31
|
| Type |
Notice
|
| Subtype |
Suggestion of Death
|
| Description |
Suggestion of Death
|
| On Behalf Of |
WESTWINDS VILLAGE, INC.
|
|
| Docket Date |
2019-05-29
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2019-05-22
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
Cross Notice Filing Fee Paid through Portal
|
|
| Docket Date |
2019-05-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
$295 fee ~ Appellee has filed a notice of cross-appeal. The party submitting this document shall remit the filing fee of $295, or an order or certificate of insolvency from the lower tribunal, within fifteen days or the submission will be stricken. § 35.22(2)(b), Fla. Stat. (2018).
|
|
| Docket Date |
2019-05-20
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
MANATEE CLERK
|
|
| Docket Date |
2019-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ *DISMISSED-SEE 3/24/2020 ORDER.*
|
| On Behalf Of |
WESTWINDS VILLAGE, INC.
|
|
| Docket Date |
2019-05-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ In the notice of appeal, Appellant refers to an order denying a motion for judgment notwithstanding the verdict and attaches it to the notice. The order also denies motions for fees and costs. While that portion of the order addressed to fees and costs is final and appealable, orders denying motions for judgment notwithstanding a verdict are not independently appealable. They do, however, if authorized and timely filed, toll rendition of an otherwise appealable order. Appellant shall submit a copy of the final judgment for which review is sought within ten days. Appellant shall, at the same time, submit a signed or conformed copy of the order attached to the notice of appeal.
|
|
| Docket Date |
2019-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ORDER IS NOT SIGNED
|
| On Behalf Of |
VIRGINIA SIMONS
|
|
| Docket Date |
2019-05-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-05-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-07-02
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, SEPTEMBER 16, 2020, at 11:00 A.M., before: Judge Nelly N. Khouzam, Judge Robert J. Morris, Jr., Judge Andrea T. Smith. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk will provide connection instructions to each participant before the argument.
|
|
| Docket Date |
2019-06-03
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Within 15 days of the date of this order counsel for the appellant shall respond to the suggestion of death of appellant Virginia Simons. Counsel shall clarify whether the appeal will be prosecuted by appellant Joseph J. Simons only or whether the personal representative of the state of Virginia Simons will be substituted for the deceased.
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