| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CP002932
|
Parties
| Name |
Valerie Otto
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nancy W. Gregoire Stamper
|
|
| Name |
OIII REALTY LIMITED PARTNERSHIP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Andrew Otto
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Gregory Otto
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
O III REALTY, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRI COUNTY HUMANE SOCIETY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kamala R. Chapman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lesley Cowen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Julie Illeck-Otto
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wayne Otto
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Maria Silva
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Philip G. Kokotoff
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Edgar A. Otto
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Danielle Hilton
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Ieta Brown
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lindsey Cohen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Nina H. Otto
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gregory S. Band, Anya M. Van Veen, Michael S. Singer, Bruce A. Goodman
|
|
| Name |
Kristin Bohn
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Laura Johnson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Valerie Otto
|
|
| Docket Date |
2023-06-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Valerie Otto
|
|
| Docket Date |
2023-06-14
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Valerie Otto
|
|
| Docket Date |
2023-07-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-07-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s June 14, 2023 jurisdictional brief and appellees’ June 26, 2023 response, this appeal is dismissed for lack of jurisdiction. See Truist Bank v. De Posada, 307 So. 3d 824, 826 (Fla. 3d DCA 2020) (finding an appellate court evaluates whether a challenged order qualifies for interlocutory review by looking to the four corners of the order and not to the arguments made in the underlying motion); Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed.") (citing Valledor Co. v. Decky, 338 So. 3d 956 (Fla. 3d DCA 2022)).GROSS, GERBER and LEVINE, JJ., concur.
|
|
| Docket Date |
2023-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Nina H. Otto
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATEMENT OF SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
Nina H. Otto
|
|
| Docket Date |
2023-06-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-06-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Valerie Otto
|
|
| Docket Date |
2023-06-02
|
| 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.
|
|
| Docket Date |
2023-06-05
|
| 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 May 5, 2023 order is a final or nonfinal appealable order, as it appears to merely hold the relief sought by the motion to enforce is not authorized by the cited statute. See Fla. R. App. P. 9.110, 9.130, 9.170; Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (finding that a final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”); Truist Bank v. De Posada, 307 So. 3d 824, 826 (Fla. 3d DCA 2020) (finding an appellate court evaluates whether a challenged order qualifies for interlocutory review by looking to the four corners of the order and not to the arguments made in the underlying motion); Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed.") (citing Valledor Co. v. Decky, 338 So. 3d 956 (Fla. 3d DCA 2022)). Further,Appellee may file a response within ten (10) days of service of that statement.
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