|
LEE COUNTY, FLORIDA VS DEAN WISH, LLC
|
6D2023-0879
|
2022-10-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
17-CA-000061
|
Parties
| Name |
LEE COUNTY, FLORIDA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JEFFREY L. HINDS, ESQ., CHRIS W. ALTENBERND, ESQ., JAY J. BARTLETT, ESQ.
|
|
| Name |
DEAN WISH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHANCE LYMAN, ESQ., S. WILLIAM MOORE, ESQ., HALA A. SANDRIDGE, ESQ.
|
|
| Name |
HON. KEITH KYLE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
KEVIN KARNES, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT ~ ***SEE AMENDED NOTICE OF ORAL ARGUMENT VIA ZOOM ISSUED 1/30/2024*** The Court has set the above cause for oral argument on February 13, 2024, at 10:00 a.m., at the Orange County Courthouse, 425 North Orange Ave., Courtroom 4D, Orlando, FL, 32801. Oral arguments are currently scheduled before judges Mary Alice Nardella, Carrie Ann Wozniak, and Keith F. White, although the panel composition and the time for the argument are subject to change without notice. The Oral Argument Schedule may be viewed on this Court's website, https://6dca.flcourts.gov. Whenever changes are made, the Oral Argument Schedule is amended to reflect the change. Therefore, you are advised to check the court's website for the most current information.
|
|
| Docket Date |
2023-05-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion for Judicial Notice ~ AGREED MOTION TO TAKE JUDICIAL NOTICE
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2023-05-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2022-10-24
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Appeal In Abeyance ~ It appears that motion(s) are pending in the lower tribunal with the effect of delaying rendition pursuant to Florida Rule of Appellate Procedure 9.020(h). This appeal is held in abeyance. If there are no such motions pending, Appellant shall notify this court within five days. If there are such motion(s) pending, Appellant shall notify this court upon disposition of the motion(s) or shall file a status report within thirty days, whichever occurs first.
|
|
| Docket Date |
2023-06-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2023-12-07
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ The agreed motion for judicial notice in regard to records from appeal 2D19-4843 is granted to the extent that the appendix containing those records as filed in this case will be considered by this court as record of the prior related appeal.
|
|
| Docket Date |
2024-03-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2024-03-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded for further proceedings.
|
|
| Docket Date |
2024-02-13
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 6DCA
|
|
| Docket Date |
2024-02-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ DESIGNATION FOR ORAL ARGUMENT
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2024-01-30
|
| Type |
Order
|
| Subtype |
Zoom Instructions-OA
|
| Description |
ZOOM INSTRUCTIONS-ORAL ARGUMENTS ~ NOTICE TO ATTORNEYS AND SELF-REPRESENTED PARTIES REGARDING REMOTE (ZOOM) ORAL ARGUMENT
|
|
| Docket Date |
2024-01-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF ORAL ARGUMENT VIA ZOOM ~ ***AMENDED*** The Court has set oral argument in this case as a remote oral argument by audio-video communication technology (Zoom) on February 13, 2024, at 10:00 a.m. Oral arguments are currently scheduled before judges Mary Alice Nardella, Carrie Ann Wozniak, and Keith F. White.No later than seven (7) days prior to the scheduled remote video oral argument, each party shall file with this Court a written designation, identifying by name and e-mail address the attorney or party (if not represented by counsel) who will argue the case on that party's behalf. The Court will provide a separate notice regarding technical requirements and instructions for participating in the remote video oral argument.
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2023-07-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2023-06-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2023-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME FOR APPELLANT'S REPLY BRIEF//15 - RB DUE 6/16/23
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2023-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ AGREED MOTION FOR APPELLEE'S EXTENSION OF TIME//1 - AB DUE 5/1/23
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2023-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME//30 - AB DUE 4/28/23 (LAST REQUEST)
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2023-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME//30 - AB DUE 3/29/23
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2023-01-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2023-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 1/26/23
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2022-12-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KYLE - 5,315 PAGES REDACTED
|
| On Behalf Of |
KEVIN KARNES, CLERK
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Abeyance Concluded ~ Because the lower tribunal has disposed of the motion(s) that suspend rendition as set forth in Florida Rule of Appellate Procedure 9.020(h), this appeal is no longer held in abeyance and shall proceed.
|
|
| Docket Date |
2022-11-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2022-10-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2022-10-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-10-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
|
|
LEE COUNTY, FLORIDA VS DEAN WISH, LLC
|
2D2022-3479
|
2022-10-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
17-CA-000061
|
Parties
| Name |
LEE COUNTY, FLORIDA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JAY J. BARTLETT, ESQ., JEFFREY L. HINDS, ESQ.
|
|
| Name |
DEAN WISH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
S. WILLIAM MOORE, ESQ., HALA A. SANDRIDGE, ESQ.
|
|
| Name |
HON. KEITH KYLE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ Transferred to the 6DCA.
|
|
| Docket Date |
2022-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 1/26/23
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2022-12-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KYLE - 5,315 PAGES REDACTED
|
| On Behalf Of |
LEE CLERK
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Abeyance Concluded ~ Because the lower tribunal has disposed of the motion(s) that suspend rendition as set forth in Florida Rule of Appellate Procedure 9.020(h), this appeal is no longer held in abeyance and shall proceed.
|
|
| Docket Date |
2022-11-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2022-10-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2022-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2022-10-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-10-24
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Appeal In Abeyance ~ It appears that motion(s) are pending in the lower tribunal with the effect of delaying rendition pursuant to Florida Rule of Appellate Procedure 9.020(h). This appeal is held in abeyance. If there are no such motions pending, Appellant shall notify this court within five days. If there are such motion(s) pending, Appellant shall notify this court upon disposition of the motion(s) or shall file a status report within thirty days, whichever occurs first.
|
|
|
|
DEAN WISH, LLC VS LEE COUNTY, FLORIDA
|
SC2021-1529
|
2021-11-04
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Dual Basis Combination
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
2D19-4843
Circuit Court for the Twentieth Judicial Circuit, Lee County
362017CA000061A001CH
|
Parties
| Name |
DEAN WISH, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Mr. Chance Lyman, Stanley W. Moore, Hala A. Sandridge
|
|
| Name |
Lee County, Florida
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Richard William Wesch, Jeffrey L. Hinds, Jay J. Bartlett, Chris W. Altenbernd
|
|
| Name |
Hon. Leigh Frizzell Hayes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Kevin C. Karnes
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mary Beth Kuenzel
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-11-09
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT ~ Petitioner's Request for Oral Argument
|
| On Behalf Of |
Dean Wish, LLC
|
| View |
View File
|
|
| Docket Date |
2022-03-23
|
| Type |
Disposition
|
| Subtype |
Rev DY Merits Lack Juris (GPI)
|
| Description |
DISP-REV DY MERITS LACK JURIS (GPI) ~ This cause having heretofore been submitted to the Court on Certified Great Public Importance pursuant to Article V, Section 3(b), Florida Constitution (1980), and Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), and the Court having determined that it should decline to exercise jurisdiction, it is ordered that the Petition for Review is denied.This cause also having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the Petition for Review is denied. No Motion for Rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
| View |
View File
|
|
| Docket Date |
2021-12-06
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Jurisdictional Brief of Respondent
|
| On Behalf Of |
Lee County, Florida
|
| View |
View File
|
|
| Docket Date |
2021-12-06
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE ~ Notice of Appearance as Appellate Counsel and Designation of E-Mail Addresses
|
| On Behalf Of |
Lee County, Florida
|
| View |
View File
|
|
| Docket Date |
2021-11-15
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ Appendix to Jurisdictional Brief of Petitioner Dean Wish, LLC
|
| On Behalf Of |
Dean Wish, LLC
|
| View |
View File
|
|
| Docket Date |
2021-11-05
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2021-11-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Dean Wish, LLC
|
| View |
View File
|
|
| Docket Date |
2021-11-04
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction (Cert. GPI/Direct Conflict of Decisions)
|
| Description |
DUAL BASIS-NOTICE-DISCRE JURIS-DIRECT CONFLICT/CERT GPI
|
| On Behalf Of |
Dean Wish, LLC
|
| View |
View File
|
|
| Docket Date |
2021-11-04
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2021-11-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
DEAN WISH, LLC VS LEE COUNTY, FLORIDA
|
2D2019-4843
|
2019-12-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
17-CA-61
|
Parties
| Name |
DEAN WISH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
HALA A. SANDRIDGE, ESQ., Chance Lyman, Esq.
|
|
| Name |
LEE COUNTY, FLORIDA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RICHARD WESCH, COUNTY ATTORNEY, S. WILLIAM MOORE, ESQ., GREGORY S. RIX, ESQ., JEFFREY L. HINDS, ESQ., JAY J. BARTLETT, ESQ.
|
|
| Name |
HON. LEIGH FRIZZELL - HAYES
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant filed a notice of supplemental authority noting the legislature's amendment to section 70.001(2), Florida Statutes. See CS/CS for HB 421 & HB 1101 (2021), https://www.flsenate.gov/Session/Bill/2021/421/BillText/er/PDF (last visited May 3, 2021). The parties are directed to file supplemental briefs addressing the impact, if any, that the legislation may have on this court's interpretation of subsections (2) and (3)(f) of section 70.001(2) in this case.Appellant shall file its supplemental initial brief, of no longer than ten pages, within ten days of the date of this order. Appellee shall file its supplemental answer brief, of no longer than ten pages, within ten days of the filing of the supplemental initial brief. Appellant may then file its supplemental reply brief, of no longer than five pages, within five days of the filing of the supplemental answer brief. Motions for extensions of time will not be favorably received.
|
|
| Docket Date |
2021-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ APPELLANT'S NOTICE OF SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2022-03-23
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition
|
|
| Docket Date |
2021-11-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-11-04
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2021-10-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion ~ ; question certified.
|
|
| Docket Date |
2021-08-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF CHANGE OF FIRM NAME
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2021-10-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-10-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ SEE WORD ORDER WITH OPINION DATED 10/6/2021
|
|
| Docket Date |
2021-06-03
|
| Type |
Brief
|
| Subtype |
Supplemental Reply Brief
|
| Description |
Supplemental Appellant Reply Brief
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2021-05-26
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2021-05-17
|
| Type |
Brief
|
| Subtype |
Supplemental Initial Brief
|
| Description |
Supplemental Appellant Initial Brief
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2021-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2020-10-13
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-06-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2020-06-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTIONTO TAX ATTORNEYS' FEES
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2020-06-05
|
| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2020-05-22
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2020-05-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2020-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 6/12/20
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2020-04-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2020-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 13 - IB due 4/13/20
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2020-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 3/25/20
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2020-02-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ HAYES - REDACTED - 5051 PAGES
|
|
| Docket Date |
2019-12-31
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ REPORTER'S ACKNOWLEDGEMENT
|
|
| Docket Date |
2019-12-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-12-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-12-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2019-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2019-12-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-06-11
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2021-04-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR CLARIFICATION
|
| On Behalf Of |
LEE COUNTY, FLORIDA
|
|
| Docket Date |
2021-04-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
DEAN WISH, LLC
|
|
| Docket Date |
2021-04-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion ~ ; question certified. **WITHDRAWN SEE WORD ORDER W/ OPINION**
|
|
| Docket Date |
2021-04-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's motion for appellate attorneys' fees is denied.Appellee's motion for attorneys' fees under section 70.001(6)(c)(2), Florida Statutes (2019), is also denied because the statute did not apply when the trial court rendered the order on appeal and the Appellee moved for fees. See § 70.001(6)(c)(2) ("In any action filed pursuant to this section, the governmental entity or entities are entitled to recover reasonable costs and attorney fees . . . if the governmental entity or entities prevail in the action and the court determines that the property owner did not accept a bona fide settlement offer . . . ."); cf. Diamond Aircraft Indus., Inc. v. Horowitch, 107 So. 3d 362, 370 (Fla. 2013) ("We conclude that Diamond Aircraft is entitled to fees but only for the period of litigation until the federal district court held that FDUTPA did not apply to Horowitch's claim."); Cacho v. Bank of N.Y. Mellon, 124 So. 3d 943, 945-46 (Fla. 3d DCA 2013) ("As Ruiz concedes in his initial and reply briefs, by the time this action was dismissed and the motion for fees filed, Ruiz no longer represented Cacho. Ruiz was, therefore, without authority to seek any relief on Cacho's behalf." (footnote omitted)).
|
|
| Docket Date |
2020-08-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-AMENDED ORDER ~ This case is provisionally set for oral argument on TUESDAY, OCTOBER 13,2020, at 9:30 A.M., before: Judge Nelly N. Khouzam, Judge Edward C. LaRose, JudgeAnthony K. Black. To mitigate the impact of the COVID-19 outbreak while continuingwith the orderly processing of cases, the oral argument will be conducted by videoconference. The court calendars can be viewed on this court’s website atwww.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior tothe time listed above.The panel is subject to change without notice. Should the assigned panel ofjudges decide that the court will not benefit from oral argument, the attorneys or partieswill 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 ofAppeal. A copy has been furnished with this order and may also be found on thiscourt’s website.Within ten days from the date of this order, any attorney or party who will bepresenting argument is requested to provide the Clerk of the Court with the emailaddress where the video invitation should be sent and a telephone number. Thisinformation may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court willprovide each participant with connection instructions, including the opportunity for a testsession, before the argument.
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