| Docket Date |
2024-08-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Cross-Reply Brief
|
| Description |
Notice of Agree Extension of Time - Cross-Reply Brief
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-09-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ /CROSS-ANSWER BRIEF
|
| On Behalf Of |
Mary Catherine Marshall
|
| View |
View File
|
|
| Docket Date |
2024-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Appellant Marshall seeks appellate attorney's fees pursuant to section 733.106(3), Florida Statutes (2022). That subsection states, "[a]ny attorney who has rendered services to an estate may be awarded reasonable compensation from the estate." Id. Marshall acknowledges that her motion for appellate fees "must be filed in the probate court, instead of in this Court." See In re Estate of Udell, 501 So. 2d 1286, 1288 (Fla. 4th DCA 1986); Cari v. Erickson, 394 So. 2d 1022, 1023 (Fla. 4th DCA 1981). Accordingly, Marshall's motion is denied without prejudice to [her] right to petition the probate court for an allowance of attorneys' fees for prosecuting this appeal. In re Crosley's Estate, 384 So. 2d 274, 277 (Fla. 4th DCA 1980).
|
| View |
View File
|
|
| Docket Date |
2024-07-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2024-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2024-02-29
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Order on Miscellaneous Motion
|
| View |
View File
|
|
| Docket Date |
2024-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
**SEE AMENDED ORDER ISSUED 2/28/24** Order on Motion/Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-02-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Appellee Kevin Macwilliam's Unopposed Motion for Leave to File Corrected Cross Reply Brief
|
|
| Docket Date |
2024-02-07
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
Request for Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-02-06
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Cross-Reply Brief
|
| On Behalf Of |
Kevin MacWilliam
|
| View |
View File
|
|
| Docket Date |
2024-01-05
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Reply / Cross-Answer Brief
|
| On Behalf Of |
Mary Catherine Marshall
|
| View |
View File
|
|
| Docket Date |
2023-12-27
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Answer Brief
|
| On Behalf Of |
Kevin MacWilliam
|
| View |
View File
|
|
| Docket Date |
2023-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Upon consideration of appellee's December 6, 2023 response, it is ORDERED that appellant's November 21, 2023 motion to strike is granted, and the amended answer brief is stricken for the reasons provided in the motion. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief. Further, ORDERED that appellee's November 21, 2023 motion for clarification is granted, and the cross-reply brief shall be provided in accordance with Florida Rule of Appellate Procedure 9.210(g) ("Unless otherwise required, the answer brief shall be served within 30 days after service of the initial brief; the reply brief, if any, shall be served within 30 days after service of the answer brief; and the cross-reply brief, if any, shall be served within 30 days thereafter.").
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION TO STRIKE
|
|
| Docket Date |
2023-11-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellee is directed to respond, within ten (10) days from the date of this order, to Appellant's November 21, 2023 Motion to Strike.
|
| View |
View File
|
|
| Docket Date |
2023-11-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2023-11-21
|
| Type |
Motions Other
|
| Subtype |
Motion for Clarification of Order
|
| Description |
MOTION FOR CLARIFICATION OF ORDER OF NOVEMBER 9, 2023 OR, ALTERNATIVELY FOR ENLARGEMENT OF TIME TO FILE CROSS REPLY BRIEF
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-11-21
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Answer Brief ***STRICKEN***
|
| On Behalf Of |
Kevin MacWilliam
|
| View |
View File
|
|
| Docket Date |
2023-11-09
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Order on Miscellaneous Motion
|
| View |
View File
|
|
| Docket Date |
2023-10-23
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection to Motion to Strike
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-10-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Strike
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-10-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order to File Response
|
| View |
View File
|
|
| Docket Date |
2023-10-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2023-10-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO MOTION FOR LEAVE TO FILE CROSS-REPLY BRIEF AND FOR EXTENSION
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2023-10-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF INTENT TO JOIN IN REPLY BRIEF TO CROSS APPEAL WHEN FILED
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-10-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF INTENT TO JOIN IN REPLY BRIEF TO CROSS APPEAL WHEN FILED
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-10-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION FOR LEAVE TO FILE REPLY BRIEF AND FOR EXTENSION OF TIME
|
| On Behalf Of |
John P. Zoltak
|
|
| Docket Date |
2023-09-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 15 DAYS TO 10/17/23
|
|
| Docket Date |
2023-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's August 2, 2023 motion for rehearing is granted. Appellant shall serve the reply brief no later than September 1, 2023. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2023-08-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2023-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ **SEE 8/8/23 ORDER**ORDERED that appellant's July 20, 2023 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 will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2023-07-20
|
| 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 |
Mary Catherine Marshall
|
|
| Docket Date |
2023-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2023-06-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 days to July 21, 2023.
|
|
| Docket Date |
2023-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 days to June 21, 2023
|
|
| Docket Date |
2023-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ APPELLEE, SUPPORT SYSTEMS ASSOCIATES, INC.'SNOTICE OF JOINDER IN KEVIN MACWILLIAM'S ANSWER BRIEFAND INITIAL BRIEF ON CROSS APPEAL
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-04-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ AND INITIAL BRIEF ON CROSS APPEAL OF APPELLEE JOHN P. ZOLTAK
|
| On Behalf Of |
Kevin MacWilliam
|
| View |
View File
|
|
| Docket Date |
2023-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellees' April 6, 2023 motion for extension of time is granted, and appellees shall serve the answer brief on or before April 20, 2023. In addition, appellees are notified that the failure to serve the brief within the time provided herein will foreclose appellees' right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellees are advised that no further extensions will be granted absent a detailed explanation for why the answer 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2023-04-06
|
| 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 |
Kevin MacWilliam
|
|
| Docket Date |
2023-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the March 29, 2023 motion of Andrea Cox, Esq., counsel for appellee John P. Zoltak, to withdraw as counsel is granted.
|
|
| Docket Date |
2023-03-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-02-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 4/10/23.
|
|
| Docket Date |
2023-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Kevin MacWilliam
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-01-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 2/23/23.
|
|
| Docket Date |
2023-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ SUPPORT SYSTEMS
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ KEVIN MACWILLIAM
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-01-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 days to February 23, 2023
|
|
| Docket Date |
2023-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ JOHN P. ZOLTAK
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2023-01-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 2/23/23
|
|
| Docket Date |
2022-12-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2022-12-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2022-12-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Mary Catherine Marshall
|
| View |
View File
|
|
| Docket Date |
2022-12-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2022-12-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant’s November 22, 2022 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from the current due date. 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. Appellant is 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-11-22
|
| 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 |
Mary Catherine Marshall
|
|
| Docket Date |
2022-10-25
|
| 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 18, 2022 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 |
2022-10-18
|
| 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 |
Mary Catherine Marshall
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/19/22.
|
|
| Docket Date |
2022-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2022-08-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/19/22.
|
|
| Docket Date |
2022-08-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (7523 PAGES)
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2022-06-30
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2022-06-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on June 24, 2022. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2022-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ AMENDED.
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2022-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2022-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2022-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Kevin MacWilliam
|
|
| Docket Date |
2022-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Mary Catherine Marshall
|
|
| Docket Date |
2022-06-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
