| Docket Date |
2020-02-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
| Docket Date |
2020-02-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-01-31
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Stipulation ~ AMENDED STIPULATION FOR DISMISSAL WITH PREJUDICE
|
| On Behalf Of |
KATHLEEN KUYKENDALL
|
|
| Docket Date |
2020-01-30
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Stipulation ~ FOR DISMISSAL WITH PREJUDICE
|
| On Behalf Of |
KATHLEEN KUYKENDALL
|
|
| Docket Date |
2019-12-10
|
| 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 December 4, 2019 motion for extension of time is granted, and appellee shall serve the answer brief on or before February 10, 2020. 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 |
2019-12-04
|
| 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 |
KATHLEEN KUYKENDALL
|
|
| Docket Date |
2019-11-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Vicki K. Brock
|
|
| Docket Date |
2019-11-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Vicki K. Brock
|
|
| Docket Date |
2019-10-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's October 18, 2019 motion for extension of time to file initial brief is granted, and appellant shall serve the initial brief on or before November 20, 2019. In addition, if the initial brief is not served within the time provided for in this order, the above–styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-10-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Vicki K. Brock
|
|
| Docket Date |
2019-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Vicki K. Brock
|
|
| Docket Date |
2019-08-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 10/21/2019
|
|
| Docket Date |
2019-08-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2268 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-07-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellant’s June 28, 2019 jurisdictional statement and appellees’ July 9, 2019 response, it is ORDERED sua sponte that the above-styled appeal shall proceed as a final appeal as to the “partial final judgment on count 7 of third amended complaint” pursuant to Florida Rule of Appellate Procedure 9.170. Fla. R. App. P. 9.170(b) (“Except for proceedings under rule 9.100 and rule 9.130(a), appeals of orders rendered in probate and guardianship cases shall be limited to orders that finally determine a right or obligation of an interested person as defined in the Florida Probate Code.”); In re Estate of Bierman, 587 So. 2d 1163, 1166 (Fla. 4th DCA 1991) ("However, where the rights of the parties as relates to their interest in the estate are not finally determined, then the orders are not deemed final for purposes of appeal.”). Further,ORDERED that the appeal pending in 4D19-2052 is dismissed as duplicative. Fla. R. App. P. 9.110(l) (“Except as provided in rule 9.020(h), if a notice of appeal is filed before rendition of a final order, the appeal shall be subject to dismissal as premature. However, the lower tribunal retains jurisdiction to render a final order, and if a final order is rendered before dismissal of the premature appeal, the premature notice of appeal shall be considered effective to vest jurisdiction in the court to review the final order.”). Further,ORDERED that appellant’s request for consolidation, found in the June 28, 2019 jurisdictional statement, is denied as moot.
|
|
| Docket Date |
2019-07-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATEMENT REGARDING SUBJECT MATTER JURISDICTION AND MOTION TO CONSOLIDATE APPEALS
|
| On Behalf Of |
KATHLEEN KUYKENDALL
|
|
| Docket Date |
2019-06-28
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ **MOTION TO CONSOLIDATE IS DENIED. SEE 07/23/2019 ORDER.** AND MOTION TO CONSOLIDATE APPEALS
|
| On Behalf Of |
Vicki K. Brock
|
|
| Docket Date |
2019-06-19
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the “order granting plaintiff’s motion for partial summary judgment on count 7 of the third amended complaint” is an appealable order pursuant to Florida Rule of Appellate Procedure 9.110 or 9.170, as it unclear whether the order “finally determine[s] a right or obligation of an interested person.” Fla. R. App. P. 9.170(b); In re Estate of Bierman, 587 So. 2d 1163, 1166 (Fla. 4th DCA 1991) ("However, where the rights of the parties as relates to their interest in the estate are not finally determined, then the orders are not deemed final for purposes of appeal.”); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-06-18
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-06-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-06-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Vicki K. Brock
|
|
