|
CHRISTOPHER GORNALL VS RELIANCE TRUST, ET AL.
|
4D2016-2091
|
2016-06-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County
2014CA0078
|
Parties
| Name |
CHRISTOPHER GORNALL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian M. Beauchamp
|
|
| Name |
GRAND BANK AND TRUST OF FLORIDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RELIANCE TRUST COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James R. George, Bernard A. Lebedeker, NORM D. FUGATE, SHANE KELLEY, John Farina, Randell C. Doane
|
|
| Name |
PATRICIA INMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF ELSIE LANIER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CLAUDE L. LANIER, JR., LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gary L. Sweet
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Okeechobee
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-07-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-07-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-06-15
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ ORDERED that the appellant’s motion for attorneys’ fees filed on February 20, 2017 is denied; further,ORDERED that Patricia Inmon’s motion for attorneys’ fees filed on July 7, 2016 is granted to the extent it is based on sections 733.106, and 736.1004-.1006, Florida Statutes. The motion is denied to the extent it seeks “inequitable conduct” attorneys’ fees. To the extent Inmon requests this court to order that fees be paid from Gornall’s interest in the estate, the motion is denied without prejudice to seek such relief in the trial court. Inmon’s motion for costs is denied without prejudice to seek costs in the trial court; further,ORDERED that Claude L. Lanier, Jr.’s motion for attorneys’ fees filed on July 21, 2016 is granted to the extent it is based on sections 733.106 and 736.1004-.1006, Florida Statutes. The motion is denied to the extent it seeks “inequitable conduct” attorneys’ fees. To the extent Lanier, Jr. requests this court to order that fees be paid from Gornall’s interest in the estate, the motion is denied without prejudice to seek such relief in the trial court. Lanier’s motion for costs is denied without prejudice to seek costs in the trial court; further,ORDERED that Grand Bank and Trust of Florida’s motion for attorneys’ fees filed on December 19, 2016 is granted. To the extent Grand Bank and Trust of Florida requests this court to order that fees be paid from Gornall’s interest in the estate, the motion is denied without prejudice to seek such relief in the trial court. The motion for costs is denied without prejudice to seek costs in the trial court; further,ORDERED that Reliance Trust Company of Delaware’s motion for attorneys’ fees filed on December 29, 2016 is granted. To the extent Reliance Trust Company of Delaware requests this court to order that fees be paid from Gornall’s interest in the estate, the motion is denied without prejudice to seek such relief in the trial court. The motion for costs is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2017-06-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's February 3, 2017 motion for extension of time is granted, and appellant shall serve the reply brief within ten (10) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's January 4, 2017 motion for extension of time is granted, and appellant shall serve the reply brief on or before February 8, 2017. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2016-12-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
RELIANCE TRUST
|
|
| Docket Date |
2016-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ Upon consideration of appellant's November 18, 2016 objection, it is ORDERED that appellees' November 17, 2016 second motion for extension of time to file answer brief is granted, and appellees shall serve the answer brief within twenty (20) days from the date of this order. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2016-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's September 13, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 21, 2016. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2016-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's June 22, 2016 motion to consolidate is granted. Case numbers 4D16-1095, 4D16-2064, 4D16-1321 and 4D16-2091 are now consolidated for all purposes and shall proceed under case number 4D16-1095. Appellant may request that the clerk of the lower tribunal supplement the record with any subsequent documents and transcripts necessary to prosecute these consolidated appeals, and the clerk shall file the supplemental records in 4D16-1095. Further, appellant shall file a single initial brief that addresses all of the issues in all of the appeals. Appellant may have ten (10) extra pages to do so, and appellees may have ten (10) extra pages for their answer brief. Further,ORDERED that the initial brief shall be filed by August 31, 2016. Further,ORDERED that the motion is denied regarding the order not yet entered. When the order is entered and the appeal is filed, appellant may move to consolidate it with these cases in accordance with this order.
|
|
| Docket Date |
2016-06-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 16-1095, 16-1321 AND 16-2064. ESTABLISH TIME FOR FILING INITIAL BRIEF AND REQUEST ADDITIONAL PAGES
|
| On Behalf Of |
CHRISTOPHER GORNALL
|
|
| Docket Date |
2016-06-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTOPHER GORNALL
|
|
| Docket Date |
2016-06-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
CHRISTOPHER GORNALL VS RELIANCE TRUST, ET AL.
|
4D2016-1321
|
2016-04-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County
2014CA0078
|
Parties
| Name |
CHRISTOPHER GORNALL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian M. Beauchamp
|
|
| Name |
GRAND BANK AND TRUST OF FLORIDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATRICIA INMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF ELSIE LANIER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CLAUDE L. LANIER, JR., LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RELIANCE TRUST COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John Farina, NORM D. FUGATE, SHANE KELLEY, James R. George, Bernard A. Lebedeker
|
|
| Name |
Hon. Gary L. Sweet
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Okeechobee
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-07-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-07-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-06-15
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ ORDERED that the appellant’s motion for attorneys’ fees filed on February 20, 2017 is denied; further,ORDERED that Patricia Inmon’s motion for attorneys’ fees filed on July 7, 2016 is granted to the extent it is based on sections 733.106, and 736.1004-.1006, Florida Statutes. The motion is denied to the extent it seeks “inequitable conduct” attorneys’ fees. To the extent Inmon requests this court to order that fees be paid from Gornall’s interest in the estate, the motion is denied without prejudice to seek such relief in the trial court. Inmon’s motion for costs is denied without prejudice to seek costs in the trial court; further,ORDERED that Claude L. Lanier, Jr.’s motion for attorneys’ fees filed on July 21, 2016 is granted to the extent it is based on sections 733.106 and 736.1004-.1006, Florida Statutes. The motion is denied to the extent it seeks “inequitable conduct” attorneys’ fees. To the extent Lanier, Jr. requests this court to order that fees be paid from Gornall’s interest in the estate, the motion is denied without prejudice to seek such relief in the trial court. Lanier’s motion for costs is denied without prejudice to seek costs in the trial court; further,ORDERED that Grand Bank and Trust of Florida’s motion for attorneys’ fees filed on December 19, 2016 is granted. To the extent Grand Bank and Trust of Florida requests this court to order that fees be paid from Gornall’s interest in the estate, the motion is denied without prejudice to seek such relief in the trial court. The motion for costs is denied without prejudice to seek costs in the trial court; further,ORDERED that Reliance Trust Company of Delaware’s motion for attorneys’ fees filed on December 29, 2016 is granted. To the extent Reliance Trust Company of Delaware requests this court to order that fees be paid from Gornall’s interest in the estate, the motion is denied without prejudice to seek such relief in the trial court. The motion for costs is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2017-06-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's February 3, 2017 motion for extension of time is granted, and appellant shall serve the reply brief within ten (10) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's January 4, 2017 motion for extension of time is granted, and appellant shall serve the reply brief on or before February 8, 2017. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2016-12-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
RELIANCE TRUST
|
|
| Docket Date |
2016-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ Upon consideration of appellant's November 18, 2016 objection, it is ORDERED that appellees' November 17, 2016 second motion for extension of time to file answer brief is granted, and appellees shall serve the answer brief within twenty (20) days from the date of this order. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2016-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's September 13, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 21, 2016. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2016-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellant's June 22, 2016 motion to consolidate is granted. Case numbers 4D16-1095, 4D16-2064, 4D16-1321 and 4D16-2091 are now consolidated for all purposes and shall proceed under case number 4D16-1095. Appellant may request that the clerk of the lower tribunal supplement the record with any subsequent documents and transcripts necessary to prosecute these consolidated appeals, and the clerk shall file the supplemental records in 4D16-1095. Further, appellant shall file a single initial brief that addresses all of the issues in all of the appeals. Appellant may have ten (10) extra pages to do so, and appellees may have ten (10) extra pages for their answer brief. Further,ORDERED that the initial brief shall be filed by August 31, 2016. Further,ORDERED that the motion is denied regarding the order not yet entered. When the order is entered and the appeal is filed, appellant may move to consolidate it with these cases in accordance with this order.
|
|
| Docket Date |
2016-06-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ WITH 16-1095, 16-2064 AND 16-2091. ESTABLISH TIME FOR FILING INITIAL BRIEF AND REQUEST ADDITIONAL PAGES.
|
| On Behalf Of |
CHRISTOPHER GORNALL
|
|
| Docket Date |
2016-06-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1157 PAGES)
|
|
| Docket Date |
2016-04-21
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2016-04-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTOPHER GORNALL
|
|
| Docket Date |
2016-04-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ERIKA GAUDIOSO VS RUTH CORNELL - CATALDO, ET AL
|
2D2016-0242
|
2016-01-25
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
15-MH-665, 15-GA-103
|
Parties
| Name |
ERIKA GAUDIOSO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JORDAN HAMMER, ESQ., JEFFREY H. SKATOFF, ESQ.
|
|
| Name |
RUTH CORNELL - CATALDO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JILL GINSBERG, ESQ., SCOTT A. KUHN, ESQ., C. CORY MAURO, ESQ.
|
|
| Name |
RELIANCE TRUST COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEREK BYERLY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOHN E. DURYEA, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
voluntary dismissal of writ
|
|
| Docket Date |
2016-02-16
|
| Type |
Disposition (SC)
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-02-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ NOTICE OF DISMISSAL OF WRIT OF PROHIBITION
|
| On Behalf Of |
ERIKA GAUDIOSO
|
|
| Docket Date |
2016-01-26
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
prohibition response
|
|
| Docket Date |
2016-01-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-01-25
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
ERIKA GAUDIOSO
|
|
| Docket Date |
2016-01-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2016-01-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
ERIKA GAUDIOSO
|
|
|
|
CHRISTOPHER GORNALL VS ESTATE OF ELSIE LANIER, et al.
|
4D2015-4567
|
2015-12-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County
2013CP000102
|
Parties
| Name |
CHRISTOPHER GORNALL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian M. Beauchamp
|
|
| Name |
CLAUDE L. LANIER, JR., LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF ELSIE LANIER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SHANE KELLEY, John Farina, Bernard A. Lebedeker, NORM D. FUGATE, James R. George
|
|
| Name |
PATRICIA INMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRAND BANK AND TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RELIANCE TRUST COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gary L. Sweet
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Okeechobee
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-02-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Non-Appealable Order ~ Upon consideration of appellant¿s February 2, 2016 response to this court¿s January 21, 2016 order to show cause, it is ORDERED that case number 4D15-4568 is dismissed without prejudice to appellant to appeal from a final, appealable order. Further ORDERED that appellee Claude L. Lanier, Jr.¿s motions for clarification filed in case numbers 4D15-4567 and 4D15-4568 are denied as moot. CIKLIN, C.J., WARNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2016-01-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
ESTATE OF ELSIE LANIER
|
|
| Docket Date |
2016-01-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-01-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Non-Appealable Order ~ Upon consideration of appellant¿s December 14, 2015 response and appellee Claude L. Lanier, Jr.¿s December 21, 2015 reply to this court¿s December 4, 2015 jurisdictional order, it is ORDERED that this appeal is dismissed as being from a non-final, non-appealable order. Dismissal is without prejudice to appellant to raise the arguments on plenary appeal from a final order. CIKLIN, C.J., TAYLOR and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2016-01-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the appellee's January 7, 2016 motion to strike is determined to be moot.
|
|
| Docket Date |
2016-01-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's January 4, 2016 response is stricken as unauthorized.
|
|
| Docket Date |
2016-01-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
ESTATE OF ELSIE LANIER
|
|
| Docket Date |
2016-01-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN 1/8/16** SUPPORT FOR SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
CHRISTOPHER GORNALL
|
|
| Docket Date |
2015-12-21
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
ESTATE OF ELSIE LANIER
|
|
| Docket Date |
2015-12-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ "BASIS FOR SUBJECT MATTER JURISDICTION"
|
| On Behalf Of |
CHRISTOPHER GORNALL
|
|
| Docket Date |
2015-12-04
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2015-12-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTOPHER GORNALL
|
|
| Docket Date |
2015-12-02
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
|
|
|
CHRISTOPHER GORNALL VS RELIANCE TRUST, ET AL.
|
4D2015-4568
|
2015-12-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County
2014CA00078
|
Parties
| Name |
CHRISTOPHER GORNALL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian M. Beauchamp
|
|
| Name |
CLAUDE L. LANIER, JR., LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GRAND BANK AND TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATRICIA INMON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RELIANCE TRUST COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bernard A. Lebedeker, John Farina, SHANE KELLEY, NORM D. FUGATE, James R. George, BERNARD A. LEBEDECKER (DNU)
|
|
| Name |
Hon. Gary L. Sweet
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Okeechobee
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-02-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Non-Appealable Order ~ Upon consideration of appellant¿s February 2, 2016 response to this court¿s January 21, 2016 order to show cause, it is ORDERED that case number 4D15-4568 is dismissed without prejudice to appellant to appeal from a final, appealable order. Further ORDERED that appellee Claude L. Lanier, Jr.¿s motions for clarification filed in case numbers 4D15-4567 and 4D15-4568 are denied as moot. CIKLIN, C.J., WARNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2016-02-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-02-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
CHRISTOPHER GORNALL
|
|
| Docket Date |
2016-01-21
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ *FAILURE TO RESPOND WILL RESULT IN DISMISSAL*ORDERED that appellant 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 appeal should not be dismissed for failure to comply with this court's December 4, 2015 order directing appellant to obtain and file with this court a final, appealable order which dismisses the complaint rather than merely grants a motion to dismiss. Failure to respond to this order will result in a sua sponte dismissal without further notice. If appellant files the final order with this court within the time provided herein, this order will be considered automatically discharged without further order.
|
|
| Docket Date |
2016-01-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
RELIANCE TRUST
|
|
| Docket Date |
2015-12-04
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ¿s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2015-12-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-12-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTOPHER GORNALL
|
|
|
