Docket Date |
2013-12-18
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Type |
Misc. Events
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Subtype |
Case Closed
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Description |
Case Closed (No Record)
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Docket Date |
2013-11-07
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Type |
Disposition
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Subtype |
Dismissed
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Description |
Dismissed - Order by Judge
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Docket Date |
2013-11-07
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED sua sponte, the above-styled appeal is hereby dismissed as untimely filed.
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Docket Date |
2013-10-08
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ The Court received Appellant, James Miller's, Notice of Appeal, dated January 2, 2013. Appellant attached an order granting dismissal and an order denying his motion for reconsideration, both non-final orders. An appeal of an appealable, non-final order must be commenced within (30) days of the rendition of the order to be reviewed. Fla. R. App. P. 9.130(b). An order is "rendered" when a signed, written order is filed with the clerk of the trial court. Fla. R. App. P. 9.020(i). The clerk of the court's date stamp, not the date the judge signed the order, is dispositive of the date of rendition. A motion for reconsideration of a non-final order does not toll the time to file an appeal from a non-final order. Agere Systems Inc. v. All American Crating, Inc., 931 So. 2d 244, 244 (Fla. 5th DCA 2006). Nor is an order on a motion for reconsideration from a non-final order appealable. Id. Thus, onlgranting dismissal may be the basis for appellant's appeal. The order granting dismissal does not bear the Broward County Clerk's date stamp.Therefore it isORDERED that appellant shall file within ten (10) days from the date of this order a conformed copy of the order granting dismissal. This copy must reflect the Broward County Clerk's time/date stamp so that timeliness can be determined. The date stamped by the clerk must be no more than thirty (30) days prior to January 2, 2013. It is further ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal. 1 This Court has not made any determination yet as to whether the order granting dismissal is an appealable order under Florida Rule of Appellate Procedure 9.130(a).
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Docket Date |
2013-07-18
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Type |
Brief
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Subtype |
Reply Brief
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Description |
Appellant's Reply Brief ~ (RESPONSE AND MOTION TREATED AS REPLY BRIEF--SEE 7/18/13 ORDER)
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Docket Date |
2013-07-18
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Aa's response to aes' brief & m/strike filed 6/24/13 is treated as appellant's reply brief.
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Docket Date |
2013-06-24
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ ALL REFERENCES IN BRIEF NOT ADMITTED IN LOWER TRIBUNAL (AND RESPONSE TO BRIEF) **SEE 7/18/13 ORDER**
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On Behalf Of |
JAMES MILLER
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Docket Date |
2013-06-13
|
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 motion filed June 10, 2013, for extension of time is granted, and appellant shall serve the reply brief on or before June 24, 2013. In addition, if the reply brief is served after the time provided for in this order said brief may be stricken.
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Docket Date |
2013-06-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
JAMES MILLER
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|
Docket Date |
2013-05-21
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
BENNETT L. DAVID, I I I
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Docket Date |
2013-04-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellant's motion filed March 18, 2013, to admit the second revised initial brief is granted, and the second revised initial brief of appellant is deemed filed the date of the entry of this order; further,ORDERED that appellant's motion filed March 15, 2013, to revise initial brief is hereby determined to be moot; further, ORDERED that appellee's motion filed April 4, 2013, for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of the entry of this order. 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.
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Docket Date |
2013-04-24
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief ~ (4) (SECOND REVISED) ***BRIEF PERMITTED--SEE 4/24/13***
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On Behalf Of |
JAMES MILLER
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Docket Date |
2013-04-04
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ t -
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On Behalf Of |
BENNETT L. DAVID, I I I
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Docket Date |
2013-03-18
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
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Description |
Motion For Leave To File Amended Brief ~ T - ("TO ADMIT SECOND REVISED INITIAL BRIEF") (SECOND REVISED BRIEF ATTACHED)
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On Behalf Of |
JAMES MILLER
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Docket Date |
2013-03-15
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Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ (4)
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On Behalf Of |
JAMES MILLER
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|
Docket Date |
2013-03-15
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Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ (1 - TWO VOLUMES) TO INITIAL BRIEF (WITH CD ROM)
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On Behalf Of |
JAMES MILLER
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|
Docket Date |
2013-03-15
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Type |
Motions Relating to Briefs
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Subtype |
Motion to Amend Brief
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Description |
Motion For Leave To File Amended Brief ~ T - 4/9 ("TO REVISE INITIAL BRIEF") (REVISED BRIEF ATTACHED)
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On Behalf Of |
JAMES MILLER
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Docket Date |
2013-02-19
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Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ 30 DAYS TO 03/15/13
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|
Docket Date |
2013-02-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ (M) *AND* RESPONSE TO OTSC
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On Behalf Of |
JAMES MILLER
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Docket Date |
2013-02-13
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ (M) *AND* MOTION FOR EXTENSION OF TIME
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On Behalf Of |
JAMES MILLER
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Docket Date |
2013-02-04
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Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ by 2/14/13
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Docket Date |
2013-01-10
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee - pro se civil appeal
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Docket Date |
2013-01-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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Docket Date |
2013-01-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
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Docket Date |
2013-01-04
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JAMES MILLER
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