Docket Date |
2023-09-06
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that the above-styled appeal is dismissed as moot considering the March 3, 2023 Final Judgment of Eviction and the March 23, 2023 “Agreed Order, With Directions to Clerk, to Disburse Funds in Court Registry.”WARNER, GROSS and ARTAU, JJ., concur.
|
|
Docket Date |
2023-09-06
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellee’s May 26, 2023 motion for attorney’s fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
Docket Date |
2023-02-07
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
Docket Date |
2023-09-06
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2023-08-17
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Advanced Biocide Technologies, Inc.
|
|
Docket Date |
2023-08-07
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ ORDERED that, within ten (10) days from the date of this order, appellant shall show cause why the above styled appeal should not be dismissed as moot, considering the March 3, 2023 final judgment of eviction and the March 23, 2023 “Agreed Order, With Directions to Clerk, to Disburse Funds in Court Registry.”
|
|
Docket Date |
2023-06-28
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ AMENDED
|
On Behalf Of |
Advanced Biocide Technologies, Inc.
|
|
Docket Date |
2023-06-14
|
Type |
Order
|
Subtype |
Order to File (Supplemental) Appendix
|
Description |
ORD-Requiring appendix to brief per 9.130(e) ~ Upon receipt of the appellant’s initial brief filed on April 28, 2023, it is ORDERED that the appellant shall serve an appendix to the initial brief within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court. In addition, if the appendix to the initial brief is not filed within the time provided for in this order, the above-styled case will be dismissed or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2023-05-26
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Hillsboro Inlet Plaza Ltd.
|
|
Docket Date |
2023-05-23
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Hillsboro Inlet Plaza Ltd.
|
|
Docket Date |
2023-05-23
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Hillsboro Inlet Plaza Ltd.
|
|
Docket Date |
2023-05-01
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant’s appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2023-04-28
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Advanced Biocide Technologies, Inc.
|
|
Docket Date |
2023-04-28
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ **Stricken**
|
On Behalf Of |
Advanced Biocide Technologies, Inc.
|
|
Docket Date |
2023-04-18
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant’s initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2023-03-10
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ ORDERED that appellant’s March 9, 2023 amended motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
Docket Date |
2023-03-09
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement ~ AMENDED
|
On Behalf Of |
Advanced Biocide Technologies, Inc.
|
|
Docket Date |
2023-03-06
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant’s March 3, 2023 motion to reinstate appeal is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2023-03-06
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ TO ADVANCED BIOCIDE TECHNOLOGIES, INC.'S MOTION TO REINSTATE APPEAL
|
On Behalf Of |
Hillsboro Inlet Plaza Ltd.
|
|
Docket Date |
2023-03-03
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement ~ **Stricken**
|
On Behalf Of |
Advanced Biocide Technologies, Inc.
|
|
Docket Date |
2023-03-03
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ Invoice voided
|
On Behalf Of |
Advanced Biocide Technologies, Inc.
|
|
Docket Date |
2023-03-01
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ (Reinstated 3/10/2023)
|
|
Docket Date |
2023-03-01
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee. Further, ORDERED that appellee’s February 7, 2023 motion for leave to allow entry of final order disposing of cause by trial court is determined to be moot.
|
|
Docket Date |
2023-02-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Hillsboro Inlet Plaza Ltd.
|
|
Docket Date |
2023-02-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2023-02-07
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FOR LEAVE OF COURT TO ALLOW ENTRY OF FINAL ORDER DISPOSING OF CAUSE BY TRIAL COURT
|
On Behalf Of |
Hillsboro Inlet Plaza Ltd.
|
|
Docket Date |
2023-02-06
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
Docket Date |
2023-02-06
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Advanced Biocide Technologies, Inc.
|
|