| Docket Date |
2023-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's May 24, 2023 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal 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 initial 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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|
| Docket Date |
2023-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Grant EOT Record & Brief ~ ORDERED that, upon consideration of appellant's response filed February 17, 2023, this court's February 7, 2023 order to show cause is discharged. Further, ORDERED that appellant’s February 23, 2023 motion for extension of time for preparation of the amended record and filing of the initial brief is granted in part and denied in part. Appellant’s motion for extension of time to file the initial brief is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. 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. Further,ORDERED that appellant’s February 23, 2023 motion for extension of time to allow the Clerk to file an amended index to the record on appeal and amended record on appeal is denied without prejudice to filing a motion to supplement or correct the record in this court.
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|
| Docket Date |
2022-10-20
|
| 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.
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|
| Docket Date |
2024-02-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2023-09-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
David Green
|
|
| Docket Date |
2023-08-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's August 22, 2023 reply to response is stricken as unauthorized.
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|
| Docket Date |
2023-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that, upon consideration of appellees' August 17, 2023 response, appellant's August 14, 2023 motion to strike answer brief is denied.
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|
| Docket Date |
2023-08-22
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN**
|
| On Behalf Of |
David Green
|
|
| Docket Date |
2023-08-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OPPOSITION TO APPELLANT'S MOTION TO STRIKE APPELLEE'S ANSWER BRIEF
|
| On Behalf Of |
Renee Polukoff
|
|
| Docket Date |
2023-08-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellant’s August 14, 2023 motion to strike answer brief.
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|
| Docket Date |
2023-08-15
|
| 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 |
David Green
|
|
| Docket Date |
2023-08-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLEE'S ANSWER BRIEF
|
| On Behalf Of |
David Green
|
|
| Docket Date |
2023-07-28
|
| 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 July 28, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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|
| Docket Date |
2023-06-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Renee Polukoff
|
|
| Docket Date |
2023-06-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Renee Polukoff
|
|
| Docket Date |
2023-05-24
|
| 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 |
David Green
|
|
| Docket Date |
2023-04-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **AMENDED** 291 PAGES
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2023-04-25
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ ORDERED that appellant's March 21, 2023 motion to correct the record is granted in part to the extent it requests the clerk of the lower tribunal prepare an amended index and amended record on appeal. The clerk of the lower tribunal shall file an amended index and record on appeal pursuant to appellant's December 29, 2022 directions to the clerk within ten (10) days from the date of this order. Appellant's request for reimbursement is denied. Fla. R. App. P. 9.200(e). Further, ORDERED that appellant's April 20, 2023 motion for extension of time is granted in part, and appellant shall serve the initial brief within thirty (30) days from the date the amended record on appeal is transmitted. 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.
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|
| Docket Date |
2023-04-20
|
| 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 |
David Green
|
|
| Docket Date |
2023-04-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
|
| Docket Date |
2023-04-11
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the clerk of the lower tribunal is directed to respond, within five (5) days from the date of this order, to appellant’s March 21, 2023 motion for entry of order to direct the Clerk of the Circuit Court to file an amended index to the record on appeal and an amended record on appeal.
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|
| Docket Date |
2023-03-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
David Green
|
|
| Docket Date |
2023-02-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Motion for Extension of Time for Record & Brief ~ MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF AND TO FILE AMENDED RECORD ON APPEAL
|
| On Behalf Of |
David Green
|
|
| Docket Date |
2023-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
David Green
|
|
| Docket Date |
2023-02-07
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**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 has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-12-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 422 PAGES
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2022-12-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
David Green
|
|
| Docket Date |
2022-12-28
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit Record on Appeal filed by the clerk of the lower tribunal on December 19, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
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|
| Docket Date |
2022-12-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that Jacqueline G. Emanuel's December 21, 2022 notice of appearance 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) and as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). An amended document in compliance with the Rules shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2022-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Renee Polukoff
|
|
| Docket Date |
2022-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
Renee Polukoff
|
|
| Docket Date |
2022-12-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2022-11-15
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ CERTIFIED COPY
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2022-11-14
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
David Green
|
|
| Docket Date |
2022-10-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
David Green
|
|
| Docket Date |
2022-10-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
David Green
|
|
| Docket Date |
2022-10-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-08-17
|
| 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 August 15, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within ten (10) days from the date of this Court’s ruling on the motion to strike. 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2023-07-28
|
| 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 |
David Green
|
|
| Docket Date |
2022-10-18
|
| 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 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.
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