|
DOROTHY S. TOWNE, ESQ. D/B/A DOTTIE TOWNE, ATTORNEY AT LAW VS VAKA LAW GROUP, P.L.
|
2D2018-4629
|
2018-11-21
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
14-CA-9224
|
Parties
| Name |
DOROTHY S. TOWNE, ESQ.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
TOWNSEND J. BELT, ESQ., DOROTHY S. TOWNE, ESQ., ROY D. WASSON, ESQ.
|
|
| Name |
VAKA LAW GROUP, P.L.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GEORGE A. VAKA, ESQ., JOHN V. TRUJILLO, JR., ESQ.
|
|
| Name |
HON. MARTHA J. COOK
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-01-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANT'S MOTION TO ACCEPT RESPONSE IN OPPOSITION TO APPELLEE'S AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES OUT-OF-TIME
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-10-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-06-03
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S CONTINGENT MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-05-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-05-02
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-05-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-04-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by May 2, 2019.
|
|
| Docket Date |
2019-04-08
|
| 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 |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by April 12, 2019.
|
|
| Docket Date |
2019-03-11
|
| 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 |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-03-11
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
strike stipulation for extension of time ~ The stipulation for extension of time submitted by Attorney John V. Trujillo, Jr. on March 8, 2019, is stricken. The Administrative Order 2013-1 does not apply to nonfinal appeals.
|
|
| Docket Date |
2019-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-02-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-02-11
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellant's motion to accept response in opposition to Appellee's amended motion for appellate attorneys' fees out of time is granted, and the response is accepted as timely filed.
|
|
| Docket Date |
2019-02-11
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ As Attorney Richard Asfar has not appeared in this proceeding, the motion to withdraw as counsel filed by Attorney George Vaka on behalf of Attorney Asfar is denied as unnecessary. As this appeal and case 2D18-4615 are not consolidated but only traveling together, the parties shall file any documents appropriate to both cases separately in each case, with the caption of the filing reflecting the appropriate case number.
|
|
| Docket Date |
2019-01-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-01-24
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Petitioner's motion to consolidate with pending non-final appeal, and motion to permit consolidated briefing within fifteen days is granted only to the extent that this case number 2D18-4615 and case number 2D18-4629 will travel together for review by the same panel of judges. The parties shall file separate briefs or responses for each proceeding and, as may be necessary, separate motions. Separate appendices shall be transmitted for each case. In case number 2D18-4615, Petitioner's supplemental petition for writ of certiorari shall be served within fifteen days from the date of this order. An amended response may be served within thirty days from the date of service of the supplemental petition. A reply may be served within thirty days from the date of service of the response.
|
|
| Docket Date |
2019-01-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES1
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-01-04
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
COUNSEL FEES PARTIES MOTION APPENDIX/ATTACHMENT ~ AMENDED APPENDIX TO AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES 1
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-01-02
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPELLEE'S MOTION TO DISMISS INTERLOCUTORY APPEAL
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-01-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS INTERLOCUTORY APPEAL
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-01-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2018-12-26
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO CONSOLIDATE PROCEEDINGS AND TO RE-SET DATE FOR CONSOLIDATED BRIEFING
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2018-12-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO CONSOLIDATE PROCEEDINGS AND TO RE-SET DATE FOR CONSOLIDATED BRIEFING
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2018-12-14
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellee is directed to respond within ten (10) days from the date of this order to Appellant’s motion to consolidate appellate proceedings and to re-set date for consolidated briefing.
|
|
| Docket Date |
2018-12-06
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-12-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ APPELLANT'S MOTION TO CONSOLIDATE APPELLATE PROCEEDINGS AND TORE-SET DATE FOR CONSOLIDATED BRIEFING
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-11-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2018-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-11-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-11-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-10-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-10-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee Vaka Law Group, P.L., has filed a motion for appellate attorney's fees, an amended motion for appellate attorney's fees, and a contingent motion for appellate attorney's fees. In these motions, Appellee requests appellate fees pursuant to section 768.79, Florida Statutes, based on a proposal for settlement. Appellee's request for fees is granted to the extent that the circuit court shall on remand determine entitlement to fees and, if entitlement is found, the appropriate amount of fees to be awarded.
|
|
|
|
DOROTHY S. TOWNE, ESQ. D/B/A DOTTIE TOWNE, ATTORNEY AT LAW VS VAKA LAW GROUP, P.L.
|
2D2018-4615
|
2018-11-20
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
14-CA-9224
|
Parties
| Name |
DOROTHY S. TOWNE, ESQ.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
ROY D. WASSON, ESQ.
|
|
| Name |
DOTTIE TOWNE, ATTORNEY AT LAW
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
VAKA LAW GROUP, P.L.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
JOHN V. TRUJILLO, JR., ESQ., GEORGE A. VAKA, ESQ.
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-05-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO SUPPLEMENTAL PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-10-22
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2019-10-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Respondent Vaka Law Group, P.L., has filed a motion for appellate attorney's fees, an amended motion for appellate attorney's fees, and a contingent motion for appellate attorney's fees. In these motions, Respondent requests appellate fees pursuant to section 768.79, Florida Statutes, based on a proposal for settlement. Respondent's request for fees is granted to the extent that the circuit court shall on remand determine entitlement to fees and, if entitlement is found, the appropriate amount of fees to be awarded.
|
|
| Docket Date |
2019-10-02
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - PC Denied
|
|
| Docket Date |
2019-05-30
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONER'S REPLY IN SUPPORT OF SUPPLEMENTAL PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-05-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-05-02
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-04-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO SUPPLEMENTAL PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-04-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. The response shall be served by April 30, 2019.
|
|
| Docket Date |
2019-04-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ APPELLEE'S SECOND MOTION FOR EXTENSION OF TIME TO FILE AMENDED RESPONSE TO SUPPLEMENTAL PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-03-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ In light of the petitioner's filing of her supplemental petition on February 8, 2019, which elaborates and includes additional facts and argument, the initial petition filed on November 20, 2018, is stricken.
|
|
| Docket Date |
2019-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. The response shall be served by April 10, 2019.
|
|
| Docket Date |
2019-03-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ MOTION FOR EXTENSION OF TIME TO FILE AMENDED RESPONSE TO SUPPLEMENTAL PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-03-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-02-08
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ SUPPLEMENTAL PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ The motion to withdraw as counsel filed by Attorney George Vaka on behalf of Attorney Richard Asfar is denied without prejudice. Attorney Asfar, who has appeared in this case, must file his own motion to withdraw. Attorney Asfar remains an attorney of record for the appellee in this appeal. This order is being served on Attorney Asfar based on his contact information currently appearing on the Florida Bar's website.
|
|
| Docket Date |
2019-02-08
|
| Type |
Record
|
| Subtype |
Supplemental Appendix
|
| Description |
SUPPLEMENTAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-01-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-01-24
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Petitioner's motion to consolidate with pending non-final appeal, and motion to permit consolidated briefing within fifteen days is granted only to the extent that this case number 2D18-4615 and case number 2D18-4629 will travel together for review by the same panel of judges. The parties shall file separate briefs or responses for each proceeding and, as may be necessary, separate motions. Separate appendices shall be transmitted for each case. In case number 2D18-4615, Petitioner's supplemental petition for writ of certiorari shall be served within fifteen days from the date of this order. An amended response may be served within thirty days from the date of service of the supplemental petition. A reply may be served within thirty days from the date of service of the response.
|
|
| Docket Date |
2019-01-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES1
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-01-03
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
COUNSEL FEES PARTIES MOTION APPENDIX/ATTACHMENT ~ AMENDED APPENDIX TO AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES1
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-01-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-01-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2019-01-02
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
| On Behalf Of |
VAKA LAW GROUP, P.L.
|
|
| Docket Date |
2018-12-14
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 20 days. Petitioner may serve a reply within 20 days thereafter. The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
|
|
| Docket Date |
2018-11-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-11-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - writ; atty
|
|
| Docket Date |
2018-11-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-11-20
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-11-20
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION INCLUDES REQUEST TO CONSOLIDATE CERT. WITH 18-4629.
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
|
|
DOROTHY TOWNE, ESQ. VS VAKA LAW GROUP, P. L.
|
2D2018-0292
|
2018-01-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
14-CA-9224
|
Parties
| Name |
DOROTHY S. TOWNE, ESQ.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROY D. WASSON, ESQ., ANNABEL C. MAJEWSKI, ESQ.
|
|
| Name |
VAKA LAW GROUP, P.L.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOHN V. TRUJILLO, JR., ESQ., GEORGE A. VAKA, ESQ.
|
|
| Name |
HON. MARTHA J. COOK
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification-77 ~ Appellee’s motion for clarification of this court’s May 3, 2019, order is granted. The May 3, 2019, order only vacated this court’s April 12, 2019, order. However, this court’s Febuary 27, 2019, order conditionally granting appellate attorneys’ fees remains valid.
|
|
| Docket Date |
2019-05-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ APPELLEE'S MOTION FOR CLARIFICATION OF MAY 3, 2019 ORDER
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2019-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorneys Fees/Deny/Appellee ~ Appellee's contingent motion for appellate attorneys' fees is denied as untimely served. See Fla. R. App. P. 9.400(b).
|
|
| Docket Date |
2019-05-03
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPELLEE'S MOTION FOR CLARIFICATION OF MAY 3, 2019 ORDER
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2019-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Dismissal of Counsel
|
| Description |
Order Denying Dismissal of Counsel ~ ***VACATED***(see 05/03/19 order)Appellee's contingent motion for appellate attorneys' fees is granted as to entitlement. Trial court to determine amount.
|
|
| Docket Date |
2019-04-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S CONTINGENT MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-03-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S CONTINGENT MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2019-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellant’s “unopposed motion for enlargement of time to serve motion for rehearing, etc.” is granted for 15 days from the date of this order.
|
|
| Docket Date |
2019-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ Attorney Richard Asfar’s motion to withdraw as counsel of record for the appellee is granted. Attorney Asfar shall have no further responsibilities in this appeal.
|
|
| Docket Date |
2019-03-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO SERVE MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-03-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2019-02-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-02-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee moves for appellate attorneys' fees based on a proposal for settlement filed pursuant to section 768.79, Florida Statutes (2014) and Florida Rule of Civil Procedure 1.442. The motion is conditionally granted subject to a determination of entitlement by the circuit court. The circuit court shall also determine the amount of appellate attorneys' fees.Appellant's response to appellee's motion is noted.
|
|
| Docket Date |
2019-02-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ The motion to withdraw as counsel filed by Attorney George Vaka on behalf of Attorney Richard Asfar is denied without prejudice. Attorney Asfar, who has appeared in this case, must file his own motion to withdraw. Attorney Asfar remains an attorney of record for the appellee in this appeal. This order is being served on Attorney Asfar based on his contact information currently appearing on the Florida Bar's website.
|
|
| Docket Date |
2019-02-13
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2019-02-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2019-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellee has filed a motion for extension of time in which to file a response to appellant's January 31, 2019, response to this court's January 29, 2019, order to show cause. Appellee requested the additional time due to this court's February 5, 2019, order directing the clerk of the circuit court to notify this court of the correct filing date of the notice of appeal. Having received the clerk of the circuit court's response on February 7, 2019, appellee's motion is granted. Appellee shall have 3 days from the date of this order to file its response.
|
|
| Docket Date |
2019-02-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2019-02-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE RESPONSE TO APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2019-02-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ On January 29, 2019, this court issued an order to show cause as to why this appeal should not be dismissed as untimely. On January 31, 2019, appellant responded, conceding that that the order under review in circuit court case number 14-CA-009224 was rendered on December 15, 2017. The official notice of appeal contained in the record before this court reflects an e-filing date of January 17, 2018. However, in her response, appellant asserted that she filed her notice of appeal through the e-filing portal on January 12, 2018, and that a corrected notice of appeal was e-filed on January 17, 2018. To support this assertion, she attached screenshots from the Florida Courts E-Filing Portal, which appear to reflect that appellant did file an initial notice of appeal through the E-portal on January 12, 2018, and that a corrected notice of appeal was filed through the E-portal on January 17, 2018. A copy of appellant's response is attached to this order. Accordingly, the clerk of the circuit court shall file a response to appellant's response to the order to show cause or, in the alternative, the clerk shall certify that the notice of appeal filed in this case was, in fact, e-filed on January 12, 2018.
|
|
| Docket Date |
2019-01-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE AS TO TIMELINESS OF APPEAL
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2019-01-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ MOTION TO WITHDRAW AS COUNSEL
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2019-01-29
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ Appellant is appealing a final judgment for breach of contract which was entered against her as well as several interlocutory rulings made prior to entry of the final judgment. Appellant contends that the final judgment under review was rendered on December 19, 2017. However, the record in this appeal reflects that the final judgment was rendered on December 15, 2017, as reflected by the electronic filing date notated on the bottom of the document. Appellant served and filed a "Rule 1.530 Motion for Rehearing, Reconsideration of Defendant's Objection to a Non-Jury Trial and Demand for Jury Trial and to Vacate the Final Judgment and a New Trial" on January 3, 2018. Appellant filed her notice of appeal on January 17, 2018. Thus within 7 days, appellant is ordered to show cause as to why this appeal should not be dismissed as untimely filed. See Fla. R. App. P. 9.110(b) (explaining in relevant part that an appeal is commenced by the filing of the notice of appeal within 30 days of rendition of the order to be reviewed); Fla. R. App. P. 9.020(i) ("An order is rendered when a signed, written order is filed with the clerk of the lower tribunal" unless an authorized and timely motion for rehearing has been filed); Fla. R. Civ. P. 1.530(b) (explaining that "[a] motion for . . . rehearing shall be served not later than 15 days [from] the date of filing of the judgment in a non-jury action"); Harris v. Harris, 670 So. 2d 1187, 1188 (Fla. 5th DCA 1996) (explaining that while "[a] timely filed and authorized motion for . . . rehearing stays rendition" of an order until the circuit court enters an order disposing of the pending motion, "[a]n untimely motion for rehearing does not stay rendition of the judgment"). This court notes that Appellant filed several other rule 1.530 motions for rehearing or reconsideration in the circuit court on December 29, 2017. Those motions addressed a November 2014 clerk's default as well as adverse interlocutory rulings made by the circuit court prior to the entry of the December 15, 2017, final judgment. The circuit court rendered an order denying those motions on February 6, 2018. Appellant should note that the December 29, 2017, motions did not toll rendition of the December 15, 2017, final judgment as they did not seek relief from that final judgment. Appellant's ability to challenge the interlocutory rulings depends on this court's ability to exercise jurisdiction over the appeal of the December 15, 2017, final judgment. Indeed, Appellant concedes that this court can now address the prior interlocutory rulings because "the judgment [is] now final and appealable." Thus, in responding to this order, Appellant should address the issue of the timeliness of the notice of appeal only as it relates to the December 15, 2017, final judgment, and the January 3, 2018, motion for rehearing addressed to that final judgment. Appellee shall have 7 days from the date of the filing of appellant's response to this order to show cause to file a response. Oral argument is scheduled in this case for February 13, 2019. Both parties shall be prepared to address this court's jurisdiction over this appeal.
|
|
| Docket Date |
2018-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, FEBRUARY 13, 2019, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Craig C. Villanti, Judge Robert J. Morris, Jr. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2018-10-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-09-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 21 - RB due 10/17/18
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-09-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-09-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S AMENDED MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-09-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-09-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-08-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE THAT KURT J. ROSALES, ESQ. HAS BEEN SCREENED FROM PARTICIPATING IN THIS MATTER AND IS DIRECTLY APPORTIONED NO PART OF ANY FEE THEREFROM
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-08-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15 - AB due 09/04/18
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-08-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15 - AB due 08/20/18
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15 - AB due 08/05/18
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-07-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15 - AB due 07/21/18
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 25 - AB due 07/06/18
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-05-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VAKA LAW GROUP, P. L.
|
|
| Docket Date |
2018-05-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-04-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ADDITION - REDACTED - 31 PAGES
|
|
| Docket Date |
2018-03-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ COOK - REDACTED - 1242 PAGES
|
|
| Docket Date |
2018-03-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-GRANT EOT TO COMPLETE ROA ~ Appellant's motion for an extension of time for the clerk to complete the record is granted, and the circuit court clerk shall serve the index by April 30, 2018.
|
|
| Docket Date |
2018-03-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete Roa
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2018-01-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2018-01-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-01-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
|
|
DOROTHY S. TOWNE, ESQ. VS VAKA LAW GROUP, P L
|
2D2016-3171
|
2016-07-11
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
14-CA-9224
|
Parties
| Name |
DOROTHY S. TOWNE, ESQ.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DOROTHY S. TOWNE, ESQ.
|
|
| Name |
DAVID WEBSTER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
VAKA LAW GROUP, P.L.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOHN V. TRUJILLO, JR., ESQ.
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-08-30
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief ~ APPENDIX PART 2
|
| On Behalf Of |
VAKA LAW GROUP, P L
|
|
| Docket Date |
2016-08-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
VAKA LAW GROUP, P L
|
|
| Docket Date |
2016-08-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ APPENDIX TO BE RESUBMITTED WITH BOOKMARKS
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2016-07-26
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2016-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-07-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2016-07-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2017-06-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-06-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-05-03
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellant's motion for relief from judgment is denied.
|
|
| Docket Date |
2017-03-10
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2017-03-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR RELIEF
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2017-02-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Pursuant to Florida Rule of Appellate Procedure 9.400, section 768.79, Florida Statues, and Florida Rule of Civil Procedure 1.442, Appellee Vaka Law Group, P.L., timely filed its motion seeking appellee attorney's fees. As the prevailing party in this appeal, Vaka is entitled to an award of attorney's fees. Accordingly, this motion is remanded to the trial court. If Vaka establishes entitlement to attorney's fees pursuant to Florida Rule of Appellate Procedure 9.400, section 768.79, Florida Statues, and Florida Rule of Civil Procedure 1.442, the trial court is authorized to award it all of the reasonable appellate attorney's fees that it has incurred.
|
|
| Docket Date |
2017-02-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion ~ in part; dismissed in part.
|
|
| Docket Date |
2017-01-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY - March 14,2017 up through and including April 17,2017
|
| On Behalf Of |
DOROTHY S. TOWNE, ESQ.
|
|
| Docket Date |
2016-09-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ ORDER ON PLAINTIFF'S MOTION FOR FINAL DEFAULT JUDGMENT
|
| On Behalf Of |
VAKA LAW GROUP, P L
|
|
| Docket Date |
2016-09-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ CONTINGENT MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
VAKA LAW GROUP, P L
|
|
|
|
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, ETC., ET AL. VS STATE OF FLORIDA
|
SC2015-1747
|
2015-09-22
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Certified Great Public Importance
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012GA000558XXXXSB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D13-3497
|
Parties
| Name |
WILLIAM S. FRATES II, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
WILLIAM S. FRATES, II
|
|
| Name |
GROSSMAN & ROTH, P. A.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Neal A. Roth
|
|
| Name |
AARON EDWARDS, A MINOR
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MITZI DEE RODEN
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
AMY FANZLAW
|
|
| Name |
MARK EDWARDS
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
AMY FANZLAW
|
|
| Name |
Guardian ad Litem Program
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Edward Downey
|
|
| Name |
EDNA L. CARUSO, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
EDNA L. CARUSO
|
|
| Name |
SEARCY, DENNEY, SCAROLA, BARNHART, & SHIPLEY, P.A.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
EDNA L. CARUSO, WILLIAM S. FRATES, II, Mr. Christian Dietrich Searcy, George A. Vaka, JACK PATRICK HILL
|
|
| Name |
VAKA LAW GROUP, P.L.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Rachel Nordby
|
|
| Name |
FLORIDA JUSTICE ASSOCIATION, INC.
|
| Role |
Amicus - Petitioner
|
| Status |
Active
|
| Representations |
JESSIE L. HARRELL, Bryan S. Gowdy, Rebecca B. Creed
|
|
| Name |
THE FLORIDA SENATE
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
George T. Levesque
|
|
| Name |
The Florida House of Representatives
|
| Role |
Amicus - Respondent
|
| Status |
Active
|
| Representations |
MATTHEW JOSEPH CARSON
|
|
| Name |
Hon. Martin Howard Colin
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sharon Repak Bock
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-02-24
|
| Type |
Mandate
|
| Subtype |
Mandate Issued
|
| Description |
MANDATE ~ CC: COUNSEL
|
|
| Docket Date |
2017-02-27
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
PUBLISH FULL
|
| View |
View File
|
|
| Docket Date |
2017-01-31
|
| Type |
Disposition
|
| Subtype |
Quashed & Remanded
|
| Description |
DISP-QUASHED & REMANDED ~ FSC-OPINION: Based on the foregoing, we answer the certified question in the negative and hold that the fee limitation in the claims bill, chapter 2012-249, Laws of Florida, is unconstitutional and may not stand when such a limitation impairs a preexisting contract. We further hold that the valid portion of the act may be severed from the invalid portion and still accomplish the beneficial purpose of the act in providing compensation due to the injured child in this case. Accordingly, we quash the decision of the Fourth District in Searcy Denney Scarola Barnhart & Shipley, P.A. v. State of Florida, 194 So. 3d 349 (Fla. 4th DCA 2015), and remand to the district court for proceedings consistent with this decision.It is so ordered.
|
| View |
View File
|
|
| Docket Date |
2016-06-09
|
| Type |
Event
|
| Subtype |
Oral Argument Held
|
| Description |
ORAL ARGUMENT HELD
|
|
| Docket Date |
2016-06-06
|
| Type |
Notice
|
| Subtype |
Supplemental Authority
|
| Description |
NOTICE-SUPPLEMENTAL AUTHORITY ~ FILED AS "PETITIONERS' NOTICE OF SUPPLEMENTAL AUTHORITY"
|
| On Behalf Of |
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A.
|
| View |
View File
|
|
| Docket Date |
2016-03-31
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid In Full - $300
|
|
| Docket Date |
2016-03-14
|
| Type |
Order
|
| Subtype |
Counsel Withdrawal
|
| Description |
ORDER-COUNS WITHDRAWAL GR ~ The motion to withdraw as attorney of record for respondent is granted, and Allen Winsor is hereby allowed to withdraw as counsel for respondent. Respondent will continue to be represented in this matter by attorney Rachel Nordby.
|
|
| Docket Date |
2016-03-10
|
| Type |
Motion
|
| Subtype |
Couns Withdrawal
|
| Description |
MOTION-COUNS WITHDRAWAL
|
| On Behalf Of |
State of Florida
|
| View |
View File
|
|
| Docket Date |
2016-02-29
|
| Type |
Order
|
| Subtype |
Strike
|
| Description |
ORDER-STRIKE DY ~ Petitioners' Motion to Strike Amicus Curiae Brief of House of Representatives and The Florida Senate in Support of Respondent is hereby denied.
|
|
| Docket Date |
2016-02-24
|
| Type |
Motion
|
| Subtype |
Acceptance as Timely Filed
|
| Description |
MOTION-ACCEPTANCE AS TIMELY FILED (RESPONSE/REPLY) ~ FILED AS "THE FLORIDA LEGISLATURE'S CORRECTED MOTION TO ACCEPT RESPONSE TO PETITIONER'S MOTION TO STRIKE AMICUS CURIAE BRIEF AND RESPONSE (CORRECTED AS TO CERTIFICATE OF SERVICE ONLY)"
|
| On Behalf Of |
THE FLORIDA SENATE
|
| View |
View File
|
|
| Docket Date |
2016-02-22
|
| Type |
Motion
|
| Subtype |
Acceptance as Timely Filed
|
| Description |
MOTION-ACCEPTANCE AS TIMELY FILED (RESPONSE/REPLY) ~ FILED AS "THE FLORIDA LEGISLATURE'S MOTION TO ACCEPT RESPONSE TO PETITIONER'S MOTION TO STRIKE AMICUS CURIAE BRIEF AND RESPONSE" **DOES NOT CONTAIN PROPER CERTIFICATE OF SERVICE** **AMENDED MOTION FILED ON 02/24/16**
|
| On Behalf Of |
THE FLORIDA SENATE
|
| View |
View File
|
|
| Docket Date |
2016-02-16
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER
|
| On Behalf Of |
Guardian ad Litem Program
|
| View |
View File
|
|
| Docket Date |
2016-02-10
|
| Type |
Motion
|
| Subtype |
Strike
|
| Description |
MOTION-STRIKE ~ FILED AS "PETITIONERS' MOTION TO STRIKE AMICUS CURIAE BRIEF OF HOUSE OF REPRESENTATIVES AND THE FLORIDA SENATE IN SUPPORT OF RESPONDENT"
|
| On Behalf Of |
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A.
|
| View |
View File
|
|
| Docket Date |
2016-02-09
|
| Type |
Order
|
| Subtype |
OA Schedule (Prev Accepted)
|
| Description |
ORDER-OA SCHED (PREV ACCEPTED) ~ The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, June 9, 2016.A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
|
|
| Docket Date |
2016-02-04
|
| Type |
Order
|
| Subtype |
Brief Enlargement
|
| Description |
ORDER-BRIEF PAGE ENLARGEMENT GR ~ Petitioner's Motion to File Reply Brief in Excess of Page Limitations is hereby granted and said brief consisting of 21 pages was filed with this Court on February 3, 2016.
|
|
| Docket Date |
2016-02-03
|
| Type |
Motion
|
| Subtype |
Brief Enlargement
|
| Description |
MOTION-BRIEF PAGE ENLARGEMENT ~ AGREED MOTION TO FILE 21 PAGE REPLY BRIEF
|
| On Behalf Of |
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A.
|
| View |
View File
|
|
| Docket Date |
2016-02-03
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS
|
| On Behalf Of |
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A.
|
| View |
View File
|
|
| Docket Date |
2016-01-26
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by The Florida House of Representatives and The Florida Senate is hereby granted and they are allowed to file brief only in support of respondent. The brief by the above referenced amicus curiae was filed with this Court on January 25, 2016.
|
|
| Docket Date |
2016-01-25
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ MOTION OF THE FLORIDA HOUSE OF REPRESENTATIVES; STEVE CRISAFULLI, in his official capacity as Speaker of the Florida House of Representatives; THE FLORIDA SENATE; and ANDY GARDINER, in his official capacity as President of the Florida Senate, FOR LEAVE TO FILE A BRIEF AS AMICI CURIAEIN SUPPORT OF RESPONDENT
|
| On Behalf Of |
The Florida House of Representatives
|
| View |
View File
|
|
| Docket Date |
2016-01-25
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Answer
|
| Description |
AMICUS CURIAE ANSWER BRIEF-MERITS ~ BRIEF OF THE FLORIDA HOUSE OF REPRESENTATIVES
|
| On Behalf Of |
The Florida House of Representatives
|
| View |
View File
|
|
| Docket Date |
2016-01-14
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS
|
| On Behalf Of |
State of Florida
|
| View |
View File
|
|
| Docket Date |
2015-11-24
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Respondent's motion for extension of time is granted in part, and respondent is only allowed to and including January 14, 2016, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
| Docket Date |
2015-11-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ FILED AS "PETITIONERS' OBJECTION TO STATE OF FLORIDA'S MOTION FORA 60 DAY EXTENSION OF TIME TO SERVE ANSWER BRIEF"
|
| On Behalf Of |
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A.
|
| View |
View File
|
|
| Docket Date |
2015-11-20
|
| Type |
Motion
|
| Subtype |
Ext of Time (Answer Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
| On Behalf Of |
State of Florida
|
| View |
View File
|
|
| Docket Date |
2015-11-18
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Guardian Ad Litem is hereby granted and they are allowed to file brief only in support of the petitioners. The brief by the above referenced amicus curiae was filed with this Court on November 13, 2015.
|
|
| Docket Date |
2015-11-13
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FILED AS "GUARDIAN AD LITEM'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND MOTION TO ACCEPT SUCH BRIEF FILED SIMULTANEOUSLY HEREWITH"
|
| On Behalf Of |
Guardian ad Litem Program
|
| View |
View File
|
|
| Docket Date |
2015-11-13
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Initial
|
| Description |
AMICUS CURIAE INITIAL BRIEF-MERITS ~ FILED AS "AMICUS BRIEF OF GUARDIAN AD LITEM"
|
| On Behalf Of |
Guardian ad Litem Program
|
| View |
View File
|
|
| Docket Date |
2015-11-06
|
| Type |
Order
|
| Subtype |
Amicus Curiae
|
| Description |
ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by Florida Justice Association is hereby granted and they are allowed to file brief only in support of petitioners. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
| Docket Date |
2015-11-05
|
| Type |
Motion
|
| Subtype |
Amicus Curiae
|
| Description |
MOTION-AMICUS CURIAE ~ FILED "FLORIDA JUSTICE ASSOCIATION'S UNOPPOSED MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF ON BEHALF OF PETITIONERS"
|
| On Behalf Of |
Florida Justice Association
|
|
| Docket Date |
2015-11-03
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS
|
| On Behalf Of |
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A.
|
| View |
View File
|
|
| Docket Date |
2015-11-03
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT
|
| On Behalf Of |
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A.
|
|
| Docket Date |
2015-10-15
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD ~ 4 VOLUMES OF CIRCUIT COURT RECORD AND 1 VOLUME OF CIRCUIT COURT SUPPLEMENTAL RECORD (FILED ELECTRONICALLY)
|
|
| Docket Date |
2015-10-14
|
| Type |
Order
|
| Subtype |
Juris Accept/Brief Sched (OA Later Date)
|
| Description |
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE) ~ The Court accepts jurisdiction of this case. Petitioner's initial brief on the merits shall be served on or before November 3, 2015; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits.The Clerk of the Fourth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before December 14, 2015. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
|
|
| Docket Date |
2015-09-25
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ DATED 09/22/2015 WITH FILING FEE
|
| On Behalf Of |
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A.
|
|
| Docket Date |
2015-09-25
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including October 26, 2015, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2015-09-22
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (CERT GPI)
|
| On Behalf Of |
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY, P.A.
|
|
| Docket Date |
2015-09-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
