| Docket Date |
2022-11-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay Issuance of Mandate
|
| Description |
Order Denying Motion to Stay Issue Mandate ~ ORDERED that the appellant's October 13, 2022 motion to stay issuance of the mandate is denied.
|
|
| Docket Date |
2022-10-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2022-10-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's September 9, 2022 motion for rehearing en banc and written opinion is denied.
|
|
| Docket Date |
2022-09-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
NSU Grande Oaks, LLC
|
|
| Docket Date |
2022-09-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2022-08-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-08-25
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s March 1, 2022 request for attorney's fees is denied.
|
|
| Docket Date |
2022-06-15
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2022-05-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2022-05-10
|
| 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 May 2, 2022 motion for extension of time is granted in part. Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2022-05-02
|
| 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 |
Brian Overton
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ Upon consideration of appellee’s April 20, 2022 response, it is ORDERED that appellant’s March 18, 2022 motion to supplement the record is denied. See Cotton v. State, 177 So. 3d 666, 668 (Fla. 1st DCA 2015) (“We are not at liberty to add to this record documents that were never filed with the lower tribunal in this case and that there is no evidence the trial court reviewed.”); Fine v. Carney Bank of Broward Cnty., 508 So. 2d 558, 559 (Fla. 4th DCA 1987). Further,The proposed supplement is stricken from the docket.
|
|
| Docket Date |
2022-04-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO BRIAN OVERTON'S MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
NSU Grande Oaks, LLC
|
|
| Docket Date |
2022-04-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s March 18, 2022 motion to supplement record on appeal.
|
|
| Docket Date |
2022-03-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
NSU Grande Oaks, LLC
|
|
| Docket Date |
2022-03-18
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **PROPOSED**
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2022-03-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2022-03-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2022-03-07
|
| 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 February 18, 2022 motion for extension of time is granted, 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.
|
|
| Docket Date |
2022-03-01
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2022-03-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2022-02-18
|
| 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 |
Brian Overton
|
|
| Docket Date |
2022-01-24
|
| 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 January 11, 2022 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of receipt of the supplemental record. 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 |
2022-01-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 73 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-01-11
|
| 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 |
Brian Overton
|
|
| Docket Date |
2022-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's December 10, 2021 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2021-12-13
|
| 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 November 30, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) 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.
|
|
| Docket Date |
2021-12-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2021-11-30
|
| 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 |
Brian Overton
|
|
| Docket Date |
2021-10-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellant’s response filed October 25, 2021, this court’s October 15, 2021 order to show cause is discharged. Further, ORDERED that appellant’s October 25, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 30, 2021. 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 |
2021-10-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ AND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2021-10-15
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**Upon consideration of appellee's October 14, 2021 motion to dismiss, it is ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 25, 2021, 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 |
2021-10-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
NSU Grande Oaks, LLC
|
|
| Docket Date |
2021-09-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 373 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-09-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2021-09-10
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on August 30, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-08-30
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-07-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2021-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Brian Overton
|
|
| Docket Date |
2021-07-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-07-21
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, 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 |
2021-07-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
