|
NAPLES ESTATES LIMITED PARTNERSHIP VS CAROL GARBACIK, DAVID FOURMAN AND UNKNOWN/UNAUTHORIZED OCCUPANTS
|
2D2021-0329
|
2021-01-22
|
Closed
|
|
| Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Twentieth Judicial Circuit, Collier County
20-AP-4-XX
County Court for the Twentieth Judicial Circuit, Collier County
15-CC-995-XX
|
Parties
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
UNKNOWN/UNAUTHORIZED OCCUPANTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CAROL GARBACIK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
DAVID FOURMAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-27
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-01-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-01-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2021-01-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ amended
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2021-01-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOTICE OF VOLUNTARY DISMISSAL OF APPEAL PG. 2; NOA PG. 96; FEE OWED TO L.T.
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2021-01-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
|
|
NAPLES ESTATES LIMITED PARTNERSHIP VS ROGER GLASBY, ET AL
|
2D2020-1351
|
2020-04-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
19-CA-4365
|
Parties
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
UNKNOWN UNAUTHORIZED OCCUPANTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROGER GLASBY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-02-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant and Appellee each filed a motion for appellate attorney's fees pursuant to section 723.068, Florida Statutes (2019). Appellee's motion for fees is granted in an amount to be determined by the circuit court. See Fla. R. App. P. 9.400(b). Appellant's motion for fees is denied.
|
|
| Docket Date |
2021-12-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2021-02-02
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-12-11
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, FEBRUARY 02, 2021, at 11:00 A.M., before: Judge Darryl C. Casanueva, Judge Matthew C. Lucas, Judge John K. Stargel. 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. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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 of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2020-11-24
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Reply Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-10-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
ROGER GLASBY
|
|
| Docket Date |
2020-10-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ROGER GLASBY
|
|
| Docket Date |
2020-10-02
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ CORRECTED
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-10-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The appendix to the initial brief is not text searchable and the page numbers of the appendix do not match the page numbers displayed by the PDF reader as required by Florida Rule of Appellate Procedure 9.220(c). Appellant shall file a corrected appendix within ten days from the date of this order.
|
|
| Docket Date |
2020-09-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-09-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-09-25
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ NOT TEXT SEARCHABLE
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-09-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by October 1, 2020.
|
|
| Docket Date |
2020-08-10
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by August 17, 2020.
|
|
| Docket Date |
2020-06-23
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-05-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOSTER - 563 PAGES
|
|
| Docket Date |
2020-04-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-04-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-04-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
NAPLES ESTATES LIMITED PARTNERSHIP VS CAROL GARBACIK AND NAPLES ESTATES HOMEOWNERS' ASSOCIATION, INC.
|
2D2020-1353
|
2020-04-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
07-CA-4646
|
Parties
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
CAROL GARBACIK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NAPLES ESTATES HOMEOWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
AUGUST J. STANTON, I I I, ESQ., DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-12-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee, Ms. Carol Garbacik, has filed a motion for appellate attorney's fees and costs pursuant to section 723.068, Florida Statutes (2020). Appellee's motion for appellate attorney's fees is granted in an amount to be determined by the trial court. The request for costs is denied without prejudice to Appellee filing an appropriate request with the trial court. See Fla. R. App. P. 9.400.Appellant, Naples Estate Limited Partnership, has also filed a motion for appellate attorney's fees and costs. Its motion is denied.
|
|
| Docket Date |
2020-12-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-12-09
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-11-19
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-10-12
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, DECEMBER 09, 2020, at 9:30 A.M., before: Judge Stevan T. Northcutt, Judge Daniel H. Sleet, Judge Matthew C. Lucas. 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 of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2020-09-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-08-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES HOMEOWNERS' ASSOCIATION, INC.
|
|
| Docket Date |
2020-08-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
NAPLES ESTATES HOMEOWNERS' ASSOCIATION, INC.
|
|
| Docket Date |
2020-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by August 14, 2020.
|
|
| Docket Date |
2020-07-29
|
| 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 |
NAPLES ESTATES HOMEOWNERS' ASSOCIATION, INC.
|
|
| Docket Date |
2020-07-09
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ CORRECTED
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-07-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's appendix is not text searchable as required by Florida Rule of Appellate Procedure 9.220(c). Appellant shall correct this deficiency and submit a text searchable appendix within 10 days from the date of this order.
|
|
| Docket Date |
2020-07-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-07-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-07-01
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ NOT TEXT SEARCHABLE
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-07-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-05-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOSTER - 1478 PAGES
|
|
| Docket Date |
2020-04-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-04-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-04-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-04-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
NAPLES ESTATES LIMITED PARTNERSHIP VS PAMELA MUSTON, ET AL
|
2D2020-1352
|
2020-04-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
19-CA-4370
|
Parties
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
PAMELA MUSTON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
UNKNOWN UNAUTHORIZED OCCUPANTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM BAILIE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-09-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-09-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-09-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's motion for appellate attorneys' fees is remanded to the trial court; if the Appellant establishes its entitlement thereto, the trial court is authorized to award Appellant all of the reasonable appellate attorney's fees incurred. The motion for appellate attorney's fees filed by Appellee is denied.
|
|
| Docket Date |
2021-09-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ in part and remanded.
|
|
| Docket Date |
2021-02-23
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-12-11
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, FEBRUARY 23, 2021, at 9:30 A.M., before: Judge Craig C. Villanti, Judge Susan H. Rothstein-Youakim, Judge J. Andrew Atkinson. 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. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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 of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2020-11-24
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Reply Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-10-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
PAMELA MUSTON
|
|
| Docket Date |
2020-10-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PAMELA MUSTON
|
|
| Docket Date |
2020-10-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The appendix to the initial brief is not text searchable and the page numbers of the appendix do not match the page numbers displayed by the PDF reader as required by Florida Rule of Appellate Procedure 9.220(c). Appellant shall file a corrected appendix within ten days from the date of this order.
|
|
| Docket Date |
2020-10-05
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-09-30
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ NOT TEXT SEARCHABLE
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-09-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-09-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-09-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by October 1, 2020.
|
|
| Docket Date |
2020-08-10
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by August 17, 2020.
|
|
| Docket Date |
2020-06-23
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-05-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOSTER - 523 PAGES
|
|
| Docket Date |
2020-04-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-04-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-04-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
CAROL STALNAKER VS NAPLES ESTATES LIMITED PARTNERSHIP, ET AL
|
2D2020-0135
|
2020-01-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2007-CA-004646-000I-XX
|
Parties
| Name |
CAROL STALNAKER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ORAL STALNAKER
|
| Role |
Appellant
|
| Status |
Withdrawn
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
NAPLES ESTATES HOMEOWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-11-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's motion for appellate attorneys' fees is denied. Appellant's motion for costs is stricken. See Fla. R. App. P. 9.400(a). Appellee's motion for appellate attorneys' fees is granted and is remanded to the trial court for a determination of a reasonable amount. Appellee's motion for costs is stricken. See Fla. R. App. P. 9.400(a).
|
|
| Docket Date |
2020-11-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-10-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The October 27, 2020, oral argument in this case is canceled. The case will be decided on the briefs without oral argument.
|
|
| Docket Date |
2020-08-07
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, OCTOBER 27, 2020, at 11:00 A.M., before: Judge Craig C. Villanti, Judge Susan H. Rothstein-Youakim, 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 of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2020-07-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-06-03
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ The "unopposed motion to substitute intervening party" filed by Attorney Donald E. Christopher is granted. Carol Stalnaker is hereby substituted for Oral Stalnaker as appellant in this appeal. It is understood that Attorney Christopher shall serve as counsel for the appellant.
|
|
| Docket Date |
2020-06-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-06-02
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees' motion for extension of time is granted, and the answer brief shall be served within 14 days from the date of this order.
|
|
| Docket Date |
2020-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANT'S NOTICE OF FILING ADDITIONAL DOCUMENTATION IN RESPONSE TO THE COURT'S APRIL 7, 2020 ORDER
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-05-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-05-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-05-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-05-18
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT Response to Court Order-74a ~ The appellant's motion for extension of time is granted. The appellant shall file a response to this court's April 7, 2020, order by May 22, 2020.
|
|
| Docket Date |
2020-04-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ TO THE COURT'S APRIL 7, 2020 ORDER
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-04-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-04-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within five days from the date of this order.
|
|
| Docket Date |
2020-04-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-04-13
|
| 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 |
ORAL STALNAKER
|
|
| Docket Date |
2020-04-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ On March 20, 2020, counsel for the deceased appellant filed an "unopposed motion to substitute intervening party," requesting that the court substitute Carol Stalnaker in place of Oral Stalnaker. Carol Stalnaker is the widow of Oral Stalnaker, who was an intervenor in the trial court. It appears that Carol Stalnaker was not a co-intervenor with Oral Stalnaker.In response to this motion, the court by order dated March 25, 2020, directed counsel to supplement the motion by addressing the legal authority for the substitution requested, as opposed to this court's ordinary practice of substituting the personal representative of the estate of the deceased party for that party.In response to this court's order, Carol Stalnaker has filed an affidavit that makes the same request as counsel, providing more factual detail. Counsel has not responded to the request in this court's order.Although the court is amenable to considering counsel and Carol Stalnaker's request, at the very least Carol Stalnaker, as assisted by her counsel if appropriate, should support each factual and historical assertion in her affidavit with either a reference to the specific page in the record on appeal (transmitted to this court on February 10, 2020) where the event is reflected or with an attached document so reflecting. This would include each fact and document asserted in paragraphs 3 and 4 of the affidavit. Counsel shall file an amended response or have Carol Stalnaker file an amended affidavit reflecting the directives in the previous paragraph within 15 days of the date of this order.
|
|
| Docket Date |
2020-04-06
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF OWNERSHIP
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-03-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within 10 days of the date of this order, the appellant shall supplement his motion for substitution of parties by addressing the legal authority, if any, for substituting the appellant's wife in this appeal as the "proper party," see Fla. R. App. P. 9.360(b)(3), as opposed to the personal representative of the estate of the appellant. This court ordinarily directs substitution with the personal representative upon the filing of a suggestion of death.
|
|
| Docket Date |
2020-03-20
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties ~ UNOPPOSED MOTION TO SUBSTITUTE INTERVENING PARTY
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-03-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record-30f ~ The appellant's motion to supplement the record is denied as unnecessary.However, the appellant in the motion appears to identify "the intervening party in this appeal" with the appellant and asserts that "the intervening party" has died. To the extent that the appellant has died, counsel for the appellant must file in this court a motion to substitute party pursuant to Florida Rule of Appellate Procedure 9.360(c)(3). See Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31, 33 (Fla. 2d DCA 2003). If counsel seeks substitution with any person other than the personal representative of the estate of the appellant, counsel must assert a justification for such a request. Counsel must also clarify who will serve as the attorney for the substituting party. Counsel's motion shall be filed within 10 days of the date of this order.
|
|
| Docket Date |
2020-03-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 40 PAGES
|
|
| Docket Date |
2020-03-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellant's motion for extension of time is granted, and the initial brief shall be served within thirty days from the date of this order.
|
|
| Docket Date |
2020-03-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-02-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **CONFIDENTIAL** 6 PAGES
|
|
| Docket Date |
2020-01-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-01-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-01-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
ORAL STALNAKER
|
|
| Docket Date |
2020-01-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
GERALD SELBY, ET AL VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2019-3546
|
2019-09-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
14-CA-1604
|
Parties
| Name |
GERALD SELBY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
SUSAN SELBY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-10-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellants filed a motion for attorneys' fees. Appellants' motion for fees is denied. To the extent appellants sought recovery for costs, such request is stricken. See Fla. R. App. P. 9.400(a). Appellee filed a motion for attorneys' fees. Appellee's motion is granted. The matter is remanded to the trial court to determine the amount of appellate attorney's fees. To the extent appellee sought recovery for costs, such request is stricken. See id.
|
|
| Docket Date |
2020-10-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-07-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Oral argument scheduled for September 22, 2020, in Selby v. Naples Estates Limited Partnership, No. 2D19-3546, is canceled. This case will be considered on the briefs and decided without oral argument.
|
|
| 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 TUESDAY, SEPTEMBER 22, 2020, at 11:00 A.M., before: Judge Patricia J. Kelly, Judge Edward C. LaRose, Judge Susan H. Rothstein-Youakim. 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 |
2020-04-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
GERALD SELBY
|
|
| Docket Date |
2020-03-23
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-03-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-03-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by March 25, 2020.
|
|
| Docket Date |
2020-02-20
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-01-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
GERALD SELBY
|
|
| Docket Date |
2020-01-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
GERALD SELBY
|
|
| Docket Date |
2020-01-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
GERALD SELBY
|
|
| Docket Date |
2019-12-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 91 PGS.
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2019-12-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2019-12-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF APPELLANTS' CONTINUED EFFORT TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
GERALD SELBY
|
|
| Docket Date |
2019-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellants' motion to supplement the record is granted, and appellants shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellants' motion for extension of time is granted, and the initial brief shall be served by January 24, 2020.
|
|
| Docket Date |
2019-11-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Extension of Time For Supp.Record & Brief
|
| On Behalf Of |
GERALD SELBY
|
|
| Docket Date |
2019-10-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ REDACTED FOSTER, 343 PGS.
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2019-09-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-09-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-09-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
GERALD SELBY
|
|
| Docket Date |
2019-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GERALD SELBY
|
|
| Docket Date |
2019-09-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
WILLIAM KREEGAR AND JANICE KREEGAR VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2019-3520
|
2019-09-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2014-CA-OO1599-000 I-XX
|
Parties
| Name |
WILLIAM KREEGAR
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
JANICE KREEGAR
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-09-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-04-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
WILLIAM KREEGAR
|
|
| Docket Date |
2020-03-23
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-03-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-03-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by March 25, 2020.
|
|
| Docket Date |
2020-02-20
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-01-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
WILLIAM KREEGAR
|
|
| Docket Date |
2020-01-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
WILLIAM KREEGAR
|
|
| Docket Date |
2020-01-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
WILLIAM KREEGAR
|
|
| Docket Date |
2019-12-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED, 83 PGS.
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2019-12-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF APPELLANTS' CONTINUED EFFORT TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
WILLIAM KREEGAR
|
|
| Docket Date |
2019-12-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2019-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellants' motion to supplement the record is granted, and appellants shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellants' motion for extension of time is granted, and the initial brief shall be served by January 24, 2020.
|
|
| Docket Date |
2019-11-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Extension of Time For Supp.Record & Brief
|
| On Behalf Of |
WILLIAM KREEGAR
|
|
| Docket Date |
2019-10-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ REDACTED FOSTER, 326 PGS.
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2019-09-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
WILLIAM KREEGAR
|
|
| Docket Date |
2019-09-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-09-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
WILLIAM KREEGAR
|
|
| Docket Date |
2020-09-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's motion for appellate attorneys' fees is denied. Appellant's motion for costs is stricken. See Fla. R. App. P. 9.400(a).Appellee's motion for appellate attorneys' fees is granted in an amount to be determined by the trial court. Appellee's motion for costs is stricken. See Fla. R. App. P. 9.400(a).
|
|
| Docket Date |
2020-07-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The September 15, 2020, oral argument in this case is canceled. The case will be decided without oral argument.
|
|
| 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 TUESDAY, SEPTEMBER 15, 2020, at 9:30 A.M., before: Judge Morris Silberman, Judge Daniel H. Sleet, Judge Matthew C. Lucas. 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.
|
|
|
|
EUGENE CREECH AND PATRICIA CREECH VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2019-3478
|
2019-09-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2014CA-1606
|
Parties
| Name |
PATRICIA CREECH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EUGENE CREECH
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JODY B. GABEL, ESQ., J. ALLEN BOBO, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-09-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-09-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee's motion for appellate attorney's fees is granted. We remand to the trial court for a determination of a reasonable amount of fees.Appellants' motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2020-07-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The court, on its own motion pursuant to Florida Rule of Appellate Procedure 9.320, hereby cancels the September 9, 2020, oral argument in this case. The case will be decided on the briefs without oral argument.
|
|
| 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 09, 2020, at 11:00 A.M., before: Judge Patricia J. Kelly, Judge Anthony K. Black, 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 |
2020-04-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
EUGENE CREECH
|
|
| Docket Date |
2020-03-23
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-03-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-03-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by March 25, 2020.
|
|
| Docket Date |
2020-02-20
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2020-01-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
EUGENE CREECH
|
|
| Docket Date |
2020-01-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
EUGENE CREECH
|
|
| Docket Date |
2020-01-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
EUGENE CREECH
|
|
| Docket Date |
2019-12-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED, 91 PGS.
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2019-12-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF APPELLANTS' CONTINUED EFFORT TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
EUGENE CREECH
|
|
| Docket Date |
2019-12-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2019-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellants' motion to supplement the record is granted, and appellants shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellants' motion for extension of time is granted, and the initial brief shall be served by January 24, 2020.
|
|
| Docket Date |
2019-11-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Extension of Time For Supp.Record & Brief
|
| On Behalf Of |
EUGENE CREECH
|
|
| Docket Date |
2019-10-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ REDACTED FOSTER, 243 PGS.
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2019-09-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
EUGENE CREECH
|
|
| Docket Date |
2019-09-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, an order of the circuit court finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2019-09-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
EUGENE CREECH
|
|
| Docket Date |
2019-09-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
JOSEPH DESALVO AND CLORINIDA DESALVO VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2019-1974
|
2019-05-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2014-CA-OO1610-000 I-XX
|
Parties
| Name |
CLORINDA DESALVO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOSEPH DESALVO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-06-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2019-05-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
JOSEPH DESALVO
|
|
| Docket Date |
2019-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
JOSEPH DESALVO
|
|
| Docket Date |
2019-05-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-05-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-09-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-08-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-08-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The parties in this case have filed competing motions for appellate attorney's fees and costs pursuant to section 723.068, Florida Statutes (2018). Appellant's motion for fees is denied. Appellee's motion for appellate attorney's fees is granted and is remanded to the trial court for a determination of reasonable amount. Both parties' motions for costs are stricken. See Fla. R. App. P. 9.400(a).
|
|
| Docket Date |
2020-07-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The August 12, 2020, oral argument in this case is canceled. This appeal will be decided on the briefs without oral argument.
|
|
| Docket Date |
2020-07-02
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. The Clerk of the Court will provide connection instructions to each participant before the argument. Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk 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.
|
|
| Docket Date |
2020-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice--Location Pending ~ This case is provisionally set for oral argument on WEDNESDAY, AUGUST 12, 2020, at 9:30 A.M., before: Judge Morris Silberman, Judge Craig C. Villanti, Judge Daniel H. Sleet. Oral argument will be conducted either by video conference or at the Second District Court of Appeal, Tampa Branch Headquarters. Attorneys and parties will be advised by order of the venue for the oral argument no less than three weeks prior to the scheduled date. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the court 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 in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. Please review the attached 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.
|
|
| Docket Date |
2020-03-19
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellants’ renewed request for oral argument is granted. The case will be rescheduled for a later date.
|
|
| Docket Date |
2020-03-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANTS' RENEWED REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
JOSEPH DESALVO
|
|
| Docket Date |
2020-03-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ By administrative order AOSC20-12, the Supreme Court of Florida directed courts to take mitigating measures to address the effects of the COVID-19 outbreak, including "prudent measures of social distancing to eliminate unnecessary face-to-face contact to the extent consistent with law" and "sanitary procedures designed to mitigate the spread of COVID-19 on court property." This court conducts most of its oral arguments in a courtroom that belongs to Stetson University College of Law, Tampa Law Center, and that is used for classes and events beyond this court's control. To mitigate the impact of this outbreak while continuing with the orderly processing of cases, the oral argument of April 22, 2020 date is canceled. Unless the parties advise the court, within ten days from the date of this order, that they request the oral argument to be rescheduled for a later date, the case will be considered on the date scheduled without oral argument.
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, APRIL 22, 2020, at 9:30 A.M., before: Judge Patricia J. Kelly, Judge Craig C. Villanti, Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, 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.
|
|
| Docket Date |
2020-01-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JOSEPH DESALVO
|
|
| Docket Date |
2020-01-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-12-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served within 45 days from the date of this order.
|
|
| Docket Date |
2019-11-19
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-10-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JOSEPH DESALVO
|
|
| Docket Date |
2019-10-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
JOSEPH DESALVO
|
|
| Docket Date |
2019-10-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JOSEPH DESALVO
|
|
| Docket Date |
2019-09-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - 175 PAGES
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant’s motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellant’s motion for extension of time is granted, and the initial brief shall be filed within forty-five days from the date of this order.
|
|
| Docket Date |
2019-09-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
JOSEPH DESALVO
|
|
| Docket Date |
2019-09-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants’ motion for extension of time is granted, and the initial brief shall be served by October 8, 2019.
|
|
| Docket Date |
2019-08-30
|
| 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 |
JOSEPH DESALVO
|
|
| Docket Date |
2019-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants’ motion for extension of time is granted, and the initial brief shall be served by September 16, 2019.
|
|
| Docket Date |
2019-07-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
JOSEPH DESALVO
|
|
| Docket Date |
2019-07-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 25 PAGES
|
|
| Docket Date |
2019-06-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOSTER - 475 PAGES
|
|
|
|
CHRISTY JOHNSON VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2019-1986
|
2019-05-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
14-CA-1611-0001
|
Parties
| Name |
CHRISTY JOHNSON
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JODY B. GABEL, ESQ., J. ALLEN BOBO, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-09-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-07-02
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. The Clerk of the Court will provide connection instructions to each participant before the argument. Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk 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.
|
|
| Docket Date |
2020-09-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's motion for appellate attorneys' fees is denied. Appellant's motion for costs is stricken. See Fla. R. App. P. 9.400(a).Appellee's motion for appellate attorneys' fees is granted in an amount to be determined by the trial court. Appellee's motion for costs is stricken. See Fla. R. App. P. 9.400(a).
|
|
| Docket Date |
2020-07-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The August 26, 2020, oral argument in this case is canceled. This appeal will be decided on the briefs without oral argument.
|
|
| Docket Date |
2019-05-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
CHRISTY JOHNSON
|
|
| Docket Date |
2019-05-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTY JOHNSON
|
|
| Docket Date |
2019-05-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-09-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice--Location Pending ~ This case is provisionally set for oral argument on WEDNESDAY, AUGUST 26, 2020, at 9:30 A.M., before: Judge Stevan T. Northcutt, Judge Anthony K. Black, Judge Andrea T. Smith. Oral argument will be conducted either by video conference or at the Second District Court of Appeal, Tampa Branch Headquarters. Attorneys and parties will be advised by order of the venue for the oral argument no less than three weeks prior to the scheduled date. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the court 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 in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. Please review the attached 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.
|
|
| Docket Date |
2020-03-24
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellant’s renewed request for oral argument is granted. The case will be rescheduled for a later date.
|
|
| Docket Date |
2020-03-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANTS' RENEWED REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
CHRISTY JOHNSON
|
|
| Docket Date |
2020-03-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ By administrative order AOSC20-12, the Supreme Court of Florida directed courts to take mitigating measures to address the effects of the COVID-19 outbreak, including "prudent measures of social distancing to eliminate unnecessary face-to-face contact to the extent consistent with law" and "sanitary procedures designed to mitigate the spread of COVID-19 on court property." This court conducts most of its oral arguments in a courtroom that belongs to Stetson University College of Law, Tampa Law Center, and that is used for classes and events beyond this court's control. To mitigate the impact of this outbreak while continuing with the orderly processing of cases, the oral argument of April 29, 2020 date is canceled. Unless the parties advise the court, within ten days from the date of this order, that they request the oral argument to be rescheduled for a later date, the case will be considered on the date scheduled without oral argument.
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, APRIL 29, 2020, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Anthony K. Black, Judge Samuel J. Salario, Jr. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, 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.
|
|
| Docket Date |
2020-01-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
CHRISTY JOHNSON
|
|
| Docket Date |
2020-01-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-12-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 45 days from the date of this order.
|
|
| Docket Date |
2019-11-19
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-10-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
CHRISTY JOHNSON
|
|
| Docket Date |
2019-10-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CHRISTY JOHNSON
|
|
| Docket Date |
2019-10-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CHRISTY JOHNSON
|
|
| Docket Date |
2019-09-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - 175 PAGES
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellant's motion for extension of time is granted, and the initial brief shall be filed within forty-five days from the date of this order.
|
|
| Docket Date |
2019-09-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
CHRISTY JOHNSON
|
|
| Docket Date |
2019-09-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by October 8, 2019.
|
|
| Docket Date |
2019-08-30
|
| 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 |
CHRISTY JOHNSON
|
|
| Docket Date |
2019-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by September 16, 2019.
|
|
| Docket Date |
2019-07-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
CHRISTY JOHNSON
|
|
| Docket Date |
2019-07-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 15 PAGES
|
|
| Docket Date |
2019-06-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOSTER - 539 PAGES
|
|
|
|
CHARLES BORGES, MARY BORGES AND THE CARLOS BORGES & MARY ANN BORGES REVOCABLE TRUST VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2019-1984
|
2019-05-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2014CA-1602
|
Parties
| Name |
THE CARLOS BORGES & MARY ANN BORGES REVOCABLE TRUST
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CHARLES BORGES
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
MARY BORGES
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JODY B. GABEL, ESQ., J. ALLEN BOBO, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-06-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-06-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee, Naples Estates Limited Partnership, has filed a motion for appellate attorney's fees based upon 723.068, Florida Statutes (2019). Appellee's motion for appellate attorney's fees is granted and remanded to the circuit court for a determination of amount. Appellants' motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2020-06-03
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-05-15
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. The Clerk of the Court will provide connection instructions to each participant one week before the argument. If the assigned judges decide that the Court will not benefit from oral argument or the parties file a joint stipulation to waive oral argument, the parties will be notified by order that the oral argument is canceled and the case will be resolved on the record and briefs.
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, an order of the circuit court finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2019-05-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
| On Behalf Of |
CHARLES BORGES
|
|
| Docket Date |
2019-05-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-03-30
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellants’ renewed request for oral argument is granted. The case will be rescheduled for a later date.
|
|
| Docket Date |
2020-03-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANTS' RENEWED REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
CHARLES BORGES
|
|
| Docket Date |
2020-03-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ By administrative order AOSC20-12, the Supreme Court of Florida directed courts to take mitigating measures to address the effects of the COVID-19 outbreak, including "prudent measures of social distancing to eliminate unnecessary face-to-face contact to the extent consistent with law" and "sanitary procedures designed to mitigate the spread of COVID-19 on court property." This court conducts most of its oral arguments in a courtroom that belongs to Stetson University College of Law, Tampa Law Center, and that is used for classes and events beyond this court's control. To mitigate the impact of this outbreak while continuing with the orderly processing of cases, the oral argument of April 8, 2020 date is canceled. Unless the parties advise the court, within ten days from the date of this order, that they request the oral argument to be rescheduled for a later date, the case will be considered on the date scheduled without oral argument.
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, APRIL 08, 2020, at 9:30 A.M., before: Judge Edward C. LaRose, Judge Susan H. Rothstein-Youakim, Judge Andrea T. Smith. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, 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.
|
|
| Docket Date |
2020-01-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
CHARLES BORGES
|
|
| Docket Date |
2020-01-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-12-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served within 45 days from the date of this order.
|
|
| Docket Date |
2019-11-19
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-10-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CHARLES BORGES
|
|
| Docket Date |
2019-10-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CHARLES BORGES
|
|
| Docket Date |
2019-10-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
CHARLES BORGES
|
|
| Docket Date |
2019-10-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 3RD SUPPLEMENTAL - 210 PAGES
|
|
| Docket Date |
2019-09-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - 210 PAGES
|
|
| Docket Date |
2019-08-30
|
| 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 |
CHARLES BORGES
|
|
| Docket Date |
2019-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants’ motion for extension of time is granted, and the initial brief shall be served by September 16, 2019.
|
|
| Docket Date |
2019-07-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
CHARLES BORGES
|
|
| Docket Date |
2019-07-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 48 PAGES
|
|
| Docket Date |
2019-06-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOSTER - 371 PAGES
|
|
| Docket Date |
2019-05-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
CHARLES BORGES
|
|
| Docket Date |
2019-09-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
CHARLES BORGES
|
|
| Docket Date |
2019-09-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants’ motion for extension of time is granted, and the initial brief shall be served by October 8, 2019.
|
|
| Docket Date |
2020-04-07
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, JUNE 03, 2020, at 9:30 A.M., before: Judge Morris Silberman, Judge Daniel H. Sleet, Judge Andrea T. Smith. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, 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.
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellants’ motion to supplement the record is granted, and appellants shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellants’ motion for extension of time is granted, and the initial brief shall be filed within forty-five days from the date of this order.
|
|
|
|
ARISTIDES DELGADO VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2019-1987
|
2019-05-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2016-CA-869
|
Parties
| Name |
ARISTIDES DELGADO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JODY B. GABEL, ESQ., J. ALLEN BOBO, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-06-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-05-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees/Appellant ~ The appellant's motion for attorney's fees is denied.
|
|
| Docket Date |
2020-05-20
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-01-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by January 21, 2020.
|
|
| Docket Date |
2019-12-03
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2019-11-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ARISTIDES DELGADO
|
|
| Docket Date |
2019-11-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
ARISTIDES DELGADO
|
|
| Docket Date |
2019-11-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ARISTIDES DELGADO
|
|
| Docket Date |
2019-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by November 15, 2019.
|
|
| Docket Date |
2019-10-31
|
| 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 |
ARISTIDES DELGADO
|
|
| Docket Date |
2019-09-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 189 PAGES
|
|
| Docket Date |
2019-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellant's motion for extension of time is granted, and the initial brief shall be filed within forty-five days from the date of this order.
|
|
| Docket Date |
2019-09-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
ARISTIDES DELGADO
|
|
| Docket Date |
2019-09-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by October 8, 2019.
|
|
| Docket Date |
2019-08-30
|
| 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 |
ARISTIDES DELGADO
|
|
| Docket Date |
2019-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by September 16, 2019.
|
|
| Docket Date |
2019-07-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
ARISTIDES DELGADO
|
|
| Docket Date |
2019-06-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOSTER - 118 PAGES
|
|
| Docket Date |
2019-05-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
ARISTIDES DELGADO
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, an order of the circuit court finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2019-05-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
| On Behalf Of |
ARISTIDES DELGADO
|
|
| Docket Date |
2019-05-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-02-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
ARISTIDES DELGADO
|
|
| Docket Date |
2020-04-15
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Video Oral Argument ~ To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument in this case will be conducted by video conference on the date scheduled. If the assigned judges decide that the Court will not benefit from oral argument or the parties file a joint stipulation to waive oral argument, the parties will be notified by order that the oral argument is canceled and the case will be resolved on the record and briefs. The Clerk of the Court will provide connection instructions to each participant one week before the argument.
|
|
| Docket Date |
2020-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, MAY 20, 2020, at 9:30 A.M., before: Judge Morris Silberman, Judge Anthony K. Black, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, 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.
|
|
|
|
THE SILVA FAMILY TRUST U T D 2/15/05, ET AL VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2017-3619
|
2017-09-05
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
17-CA-1597
|
Parties
| Name |
THE SILVA FAMILY TRUST U T D 2/15/05
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
ROBERT M. SILVA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NORMA SILVA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
HON. JOSEPH G. FOSTER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-02-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-01-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-01-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee Naples Estates Limited Partnership's October 17, 2017, "motion for attorneys' fees" requesting appellate attorneys' fees pursuant to section 723.068, Florida Statutes (2017), is remanded for the circuit court at the conclusion of the underlying litigation to determine whether Naples Estates Limited Partnership is entitled to reasonable attorneys' fees as the prevailing party in the underlying proceeding. Naples Estates Limited Partnership's request for costs is stricken. See Fla. R. App. P. 9.400(c).Appellants Silva Family Trust UTD 2/15/05, Robert M. Silva, and Norma Silva's October 2, 2017, "motion for attorneys' fees" is denied to the extent that they request appellate attorneys' fees pursuant to section 723.068 and is stricken to the extent that they request costs, see Fla. R. App. P. 9.400(c).
|
|
| Docket Date |
2018-10-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2018-08-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ MEDIATION REPORT
|
|
| Docket Date |
2018-08-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE OF MEDIATION
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2018-08-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Appellants The Silva Family Trust UTD 2/15/05, Robert M. Silva, and Norma Silva's August 1, 2018, response to this court's July 31, 2018, order of referral to mediation is noted. Dana J. Watts is appointed as mediator. Mediation shall be completed within forty-five days of the date of this order. The parties and mediator shall adhere to the deadlines set forth in this court's July 31, 2018, order of referral to mediation.
|
|
| Docket Date |
2018-08-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER OF REFERRAL TO MEDIATION
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2018-07-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ ORDER OF REFERRAL TO MEDIATION The above-captioned appeal, having been reviewed by this court, is hereby referred to Appellate Mediation. See Fla. R. App. P. 9.700-9.740. This court notes the October 17, 2017, notice of related appeals filed in this court (Nos. 2D17-3614 and 2D17-3622). This appeal and these related appeals share, among other things, a similar fact pattern and procedural history and nearly identical legal arguments. In its answer brief, the Appellee relies in part on per curiam affirmance opinions of this court in prior appeals in which none of the Appellants was a party.The briefs in these appeals have raised significant issues, including allegations of unpaid rents and purported due process violations. Although this court has not evaluated the merits of these issues, this court has determined that mediation may be helpful in resolving them. Thus, this court is simultaneously referring this appeal and the appeals in case numbers 2D17-3614 and 2D17-3622 to mediation to afford the Appellee and the multiple Appellants across these appeals the opportunity to reach a mutually amicable agreement.Within ten days from the date of this order, Appellants, The Silva Family Trust UTD 2/15/05, Robert M. Silva, and Norma Silva, shall complete and file with this court the Response to Order of Referral to Mediation (sample attached). If the parties agree on an appellate-approved mediator from the list of approved mediators http://drc.flcourts.org/pls/drc/drc_main_screen, this court will enter an order appointing that mediator for this case. If the parties are not able to agree on an appellate-approved mediator, this court will appoint a mediator from that list.The mediation shall be completed within forty-five days from the date the Order Appointing Mediator is issued by this court. Mediation shall occur at a location agreed to by the parties or, in the absence of an agreement, at a location selected by the mediator. The parties shall submit mediation summaries if and when requested by the mediator.Parties with full settlement authority and their counsel must attend mediation in person unless excused from attendance by this court. Failure of an attorney or party to appear for a duly scheduled mediation conference or to otherwise comply with the appellate mediation program procedures, without good cause, may result in sanctions, including attorney's fees, the striking of any party’s briefs, denial of oral argument, or dismissal of the appeal. Pursuant to chapter 44, Florida Statutes, all appellate mediation sessions are confidential, and the mediation shall be conducted in accordance with the Florida Rules for Certified and Court-Appointed Mediators.The mediator shall file the Mediation Report (sample attached) within ten days from the conclusion of the mediation and shall serve a copy on each party. If mediation is reported as successful, the parties shall file a Joint Stipulation for Dismissal (sample attached) or a Notice of Voluntary Dismissal with this court within twenty days of the date of filing of the Mediation Report. The mediator shall report only whether a settlement or an impasse has been reached and shall not advise this court of the terms of any agreement resulting from mediation. This proceeding shall be otherwise stayed in this court for ninety days, at the conclusion of which the parties shall serve status reports on this court.
|
|
| Docket Date |
2018-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2018-02-21
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ SUPPLEMENTAL APPENDIX TO APPELLANTS' INITIAL BRIEF
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2018-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE IN CONNECTION WITH COURT'S FEBRUARY 2, 2018 ORDER CONCERNING TRANSCRIPT
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2018-02-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Within twenty days of the date of this order, Appellants Silva Family Trust UTD 2/15/05, Robert M. Silva, and Norma Silva (the Silvas) shall serve a supplemental appendix containing the transcript of the August 4, 2016, hearing in county court case number 2015-CC-001140. See Fla. R. App. P. 9.220(a). If the hearing was not reported or the Silvas decline to have it transcribed, the Silvas shall so notify this court within ten days of the date of this order. Failure to serve the supplemental appendix will result in the appeal being resolved without the benefit of the transcript.
|
|
| Docket Date |
2017-11-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2017-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLEE'S NAPLES ESTATES' OBJECTION TO REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2017-10-20
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-17
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ APPELLEE'S OBJECTION TO APPELLANTS' REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
GR T/ACCEPT BRF FILED AS TIMELY ~ Appellants' motion for an extension of time to serve the initial brief is granted to the extent that the initial brief filed on September 30, 2017, is accepted as timely filed. The answer brief shall be served within 20 days of the date of this order.
|
|
| Docket Date |
2017-10-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2017-10-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2017-09-30
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2017-09-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2017-09-29
|
| 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 |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2017-09-15
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDER VACATED ~ This court's September 15, 2017, order is vacated. Appellants' unopposed motion for extension of time is granted. The initial brief shall be filed on or before September 29, 2017.
|
|
| Docket Date |
2017-09-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2017-09-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2017-09-07
|
| 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 |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2017-09-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
THE SILVA FAMILY TRUST U T D 2/15/05
|
|
| Docket Date |
2017-09-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
RONALD H. BELL, ET AL VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2017-3622
|
2017-09-05
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
17-CA-1595
|
Parties
| Name |
RONALD H. BELL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
CAROL BELL
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-10-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2018-10-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-10-23
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2018-10-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of the August 21, 2018, status report, wherein the parties acknowledged that they have entered into a written stipulation settling all issues, and will be submitting a joint stipulation for dismissal to this court, the parties shall file either a notice of voluntary dismissal or another status report within ten days from the date of this order.
|
|
| Docket Date |
2018-08-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ MEDIATION REPORT
|
|
| Docket Date |
2018-08-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE OF MEDIATION
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2018-08-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Appellants Ronald H. Bell and Carol Bell's August 1, 2018, response to this court's July 31, 2018, order of referral to mediation is noted. Dana J. Watts is appointed as mediator. Mediation shall be completed within forty-five days of the date of this order. The parties and mediator shall adhere to the deadlines set forth in this court's July 31, 2018, order of referral to mediation.
|
|
| Docket Date |
2018-08-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER OF REFERRAL TO MEDIATION
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2018-07-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ ORDER OF REFERRAL TO MEDIATION The above-captioned appeal, having been reviewed by this court, is hereby referred to Appellate Mediation. See Fla. R. App. P. 9.700-9.740. This court notes the October 17, 2017, notice of related cases filed in this court (Nos. 2D17-3614 and 2D17-3619). This appeal and these related appeals share, among other things, a similar fact pattern and procedural history and nearly identical legal arguments. In its answer brief, the Appellee relies in part on per curiam affirmance opinions of this court in prior appeals in which none of the Appellants was a party.The briefs in these appeals have raised significant issues, including allegations of unpaid rents and purported due process violations. Although this court has not evaluated the merits of these issues, this court has determined that mediation may be helpful in resolving them. Thus, this court is simultaneously referring this appeal and the appeals in case numbers 2D17-3614 and 2D17-3619 to mediation to afford the Appellee and the multiple Appellants across these appeals the opportunity to reach a mutually amicable agreement.Within ten days from the date of this order, Appellants RONALD H. BELL and CAROL BELL, shall complete and file with this court the Response to Order of Referral to Mediation (sample attached). If the parties agree on an appellate-approved mediator from the list of approved mediators http://drc.flcourts.org/pls/drc/drc_main_screen, this court will enter an order appointing that mediator for this case. If the parties are not able to agree on an appellate-approved mediator, this court will appoint a mediator from that list.The mediation shall be completed within forty-five days from the date the Order Appointing Mediator is issued by this court. Mediation shall occur at a location agreed to by the parties or, in the absence of an agreement, at a location selected by the mediator. The parties shall submit mediation summaries if and when requested by the mediator.Parties with full settlement authority and their counsel must attend mediation in person unless excused from attendance by this court. Failure of an attorney or party to appear for a duly scheduled mediation conference or to otherwise comply with the appellate mediation program procedures, without good cause, may result in sanctions, including attorney's fees, the striking of any party’s briefs, denial of oral argument, or dismissal of the appeal. Pursuant to chapter 44, Florida Statutes, all appellate mediation sessions are confidential, and the mediation shall be conducted in accordance with the Florida Rules for Certified and Court-Appointed Mediators.The mediator shall file the Mediation Report (sample attached) within ten days from the conclusion of the mediation and shall serve a copy on each party. If mediation is reported as successful, the parties shall file a Joint Stipulation for Dismissal (sample attached) or a Notice of Voluntary Dismissal with this court within twenty days of the date of filing of the Mediation Report. The mediator shall report only whether a settlement or an impasse has been reached and shall not advise this court of the terms of any agreement resulting from mediation. This proceeding shall be otherwise stayed in this court for ninety days, at the conclusion of which the parties shall serve status reports on this court.
|
|
| Docket Date |
2018-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2018-02-21
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ SUPPLEMENTAL APPENDIX TO APPELLANTS' INITIAL BRIEF
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2018-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN CONNECTION WITH COURT'S FEBRUARY 2, 2018 ORDER CONCERNING TRANSCRIPT
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2018-02-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Appellant shall within twenty days of the date of this order file a supplemental appendix containing the transcript of the August 4, 2016, motion hearing in lower court case no. 15-CC-001203. See Fla. R. App. P. 9.220(a). If the hearing was not reported or appellant declines to have it transcribed, appellant shall so notify this court within ten days. Failure to file the supplemental appendix will result in the appeal being resolved without the benefit of the transcript.
|
|
| Docket Date |
2017-11-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2017-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLEE'S NAPLES ESTATES' OBJECTION TO REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2017-10-20
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-17
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ APPELLEE'S OBJECTION TO APPELLANTS' REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
GR T/ACCEPT BRF FILED AS TIMELY ~ Appellants' motion for an extension of time to serve the initial brief is granted to the extent that the initial brief filed on September 30, 2017, is accepted as timely filed. The answer brief shall be served within 20 days of the date of this order.
|
|
| Docket Date |
2017-10-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2017-10-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2017-09-30
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2017-09-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2017-09-29
|
| 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 |
RONALD H. BELL
|
|
| Docket Date |
2017-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served by September 29, 2017.
|
|
| Docket Date |
2017-09-07
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2017-09-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-09-07
|
| 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 |
RONALD H. BELL
|
|
| Docket Date |
2017-09-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2017-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
RONALD H. BELL
|
|
| Docket Date |
2017-09-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
MARY KAY SMITH VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2017-3614
|
2017-09-05
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
17-CA-1598-01
|
Parties
| Name |
MARY KAY SMITH
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-09-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-10-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2018-10-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-10-23
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2018-08-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ MEDIATION REPORT
|
|
| Docket Date |
2018-08-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE OF MEDIATION
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2018-08-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Appellant's August 1, 2018, response to this court's July 31, 2018, order of referral to mediation is noted.Dana J. Watts is appointed as mediator. Mediation shall be completed within forty-five days of the date of this order.The parties and mediator shall adhere to the deadlines set forth in this court's July 31, 2018, order of referral to mediation.
|
|
| Docket Date |
2018-08-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER OF REFERRAL TO MEDIATION
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2018-07-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ ORDER OF REFERRAL TO MEDIATION The above-captioned appeal, having been reviewed by this court, is hereby referred to Appellate Mediation. See Fla. R. App. P. 9.700-9.740. This court notes the October 17, 2017, notice of related cases filed in this court (Nos. 2D17-3622 and 2D17-3619). This appeal and these related appeals share, among other things, a similar fact pattern and procedural history and nearly identical legal arguments. In its answer brief, the Appellee relies in part on per curiam affirmance opinions of this court in prior appeals in which none of the Appellants were a party.The briefs in these appeals have raised significant issues, including allegations of unpaid rents and purported due process violations. Although the court has not evaluated the merits of these issues, the court has determined that mediation may be helpful in resolving them. Thus, this court is simultaneously referring case numbers 2D17-3622, 2D17-3614, and 2D17-3619 to mediation to afford the Appellee and the multiple Appellants across these appeals the opportunity to reach a mutually amicable agreement.Within ten days from the date of this order, Appellant MARY KAY SMITH shall complete and file with this court the Response to Order of Referral to Mediation (sample attached). If the parties agree on an appellate-approved mediator from the list of approved mediators http://drc.flcourts.org/pls/drc/drc_main_screen, this court will enter an order appointing that mediator for this case. If the parties are not able to agree on an appellate-approved mediator, this court will appoint a mediator from that list.The mediation shall be completed within forty-five days from the date the Order Appointing Mediator is issued by this court. Mediation shall occur at a location agreed to by the parties or, in the absence of an agreement, at a location selected by the mediator. The parties shall submit mediation summaries if and when requested by the mediator.Parties with full settlement authority and their counsel must attend mediation in person unless excused from attendance by this court. Failure of an attorney or party to appear for a duly scheduled mediation conference or to otherwise comply with the appellate mediation program procedures without good cause may result in sanctions, including attorney's fees, the striking of any party's briefs, denial of oral argument, or dismissal of the appeal. Pursuant to chapter 44, Florida Statutes, all appellate mediation sessions are confidential, and the mediation shall be conducted in accordance with the Florida Rules for Certified and Court-Appointed Mediators.The mediator shall file the Mediation Report (sample attached) within ten days from the conclusion of the mediation and shall serve a copy on each party. If mediation is reported as successful, the parties shall file a Joint Stipulation for Dismissal (sample attached) or a Notice of Voluntary Dismissal with this court within twenty days of the date of filing of the Mediation Report. The mediator shall report only whether a settlement or an impasse has been reached and shall not advise this court of the terms of any agreement resulting from mediation. This proceeding shall be otherwise stayed in this court for ninety days, at the conclusion of which the parties shall serve status reports on this court.
|
|
| Docket Date |
2018-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2018-02-21
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ SUPPLEMENTAL APPENDIX TO APPELLANTS' INITIAL BRIEF
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2018-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN CONNECTION WITH COURT'S FEBRUARY 1, 2018 ORDER CONCERNING TRANSCRIPT
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2018-02-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ Appellant shall within twenty days of the date of this order file a supplemental appendix containing the transcript of the August 4, 2016, motion hearing in lower court case no. 15-CC-000962. See Fla. R. App. P. 9.220(a). If the hearing was not reported or appellant declines to have it transcribed, appellant shall so notify this court within ten days. Failure to file the supplemental appendix will result in the appeal being resolved without the benefit of the transcript.
|
|
| Docket Date |
2017-11-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2017-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLEE'S NAPLES ESTATES' OBJECTION TO REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2017-10-20
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-17
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ APPELLEE'S OBJECTION TO APPELLANT'S REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
GR T/ACCEPT BRF FILED AS TIMELY ~ Appellant's motion for an extension of time to serve the initial brief is granted to the extent that the initial brief filed on September 30, 2017, is accepted as timely filed. The answer brief shall be served within 20 days of the date of this order.
|
|
| Docket Date |
2017-10-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2017-10-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2017-09-30
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2017-09-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2017-09-29
|
| 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 KAY SMITH
|
|
| Docket Date |
2017-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by September 29, 2017.
|
|
| Docket Date |
2017-09-07
|
| 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 KAY SMITH
|
|
| Docket Date |
2017-09-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2017-09-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
MARY KAY SMITH
|
|
| Docket Date |
2017-09-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARY KAY SMITH
|
|
|
|
PAUL E. REHDER & PATRICIA LUCILLE REHDER VS NAPLES ESTATES LIMITED PARTNERSHIP
|
2D2016-4124
|
2016-09-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2016-CA-000870-0001-XX
|
Parties
| Name |
LUCILLE PATRICIA REHDER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PAUL E. REHDER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD E. CHRISTOPHER, ESQ.
|
|
| Name |
NAPLES ESTATES LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. ALLEN BOBO, ESQ., JODY B. GABEL, ESQ.
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-09-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDER GRANTING APPELLEE'S FEES ~ Appellants' motion for appellate attorney fees is denied. Appellants' motion for costs is stricken. See Fla. R. App. P. 9.400(a).Appellee's motion for appellate attorney's fees is granted in an amount to be determined by the trial court. Appellee's motion for costs is stricken. See Fla. R. App. P. 9.400(a).
|
|
| Docket Date |
2017-08-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-08-08
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2017-04-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
PAUL E. REHDER
|
|
| Docket Date |
2017-04-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
PAUL E. REHDER
|
|
| Docket Date |
2017-03-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-03-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PAUL E. REHDER
|
|
| Docket Date |
2017-03-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF
|
|
| Docket Date |
2017-02-20
|
| 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 |
NAPLES ESTATES LIMITED PARTNERSHIP
|
|
| Docket Date |
2017-01-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
PAUL E. REHDER
|
|
| Docket Date |
2017-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
| Docket Date |
2017-01-19
|
| 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 |
PAUL E. REHDER
|
|
| Docket Date |
2017-01-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ FTP
|
|
| Docket Date |
2016-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Supp(30)IB(45)
|
|
| Docket Date |
2016-12-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
PAUL E. REHDER
|
|
| Docket Date |
2016-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
| Docket Date |
2016-11-14
|
| 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 |
PAUL E. REHDER
|
|
| Docket Date |
2016-10-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ HAYES **REDACTED**
|
|
| Docket Date |
2016-09-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
PAUL E. REHDER
|
|
| Docket Date |
2016-09-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2016-09-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-09-08
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2016-09-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2016-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PAUL E. REHDER
|
|
|
