|
Robert A. Smith, Appellant(s) v. Grease Monkey Auto and Tire, LLC, Appellee(s).
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5D2023-3279
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2023-11-07
|
Open
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2023-SC-44I-MA
|
Parties
| Name |
ROBERT A SMITH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Kristen Brooke Stephens Brady
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Circuit Court Duval
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Grease Monkey Auto and Tire, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James D. Allen, III
|
|
Docket Entries
| Docket Date |
2023-11-17
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2024-03-27
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Amended Initial Brief
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2024-03-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF UNAVAILABILITY
|
| On Behalf Of |
Grease Monkey Auto and Tire, LLC
|
|
| Docket Date |
2024-03-08
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ AMENDED IB STRICKEN; MOT EOT APX GRANTED IN PART; MOT ENTER TREATED AS MOT SROA AND DENIED; AMENDED IB AND APX BY 3/25/24
|
|
| Docket Date |
2024-02-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ "TO ENTER INTO COURT RECORD APPENDIX FOR INITIAL BRIEF" - SEE AMENDED MOTION
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2024-02-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE APX TO IB; GRANTED IN PART PER 3/8 ORDER
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2024-02-23
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ STRICKEN PER 3/8 ORDER
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2024-02-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2024-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ MOT GRANTED; AMENDED IB BY 2/23/24; OTSC CANNOT BE DISCHARGED AT THIS TIME
|
|
| Docket Date |
2024-02-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AMENDED RESPONSE RE: 1/18 ORDER
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2024-02-09
|
| 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 |
Robert A. Smith
|
|
| Docket Date |
2024-01-31
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ MOT TREATED AS RESPONSE/IB; RESPONSE STRICKEN; AA W/IN 10 DYS FILE AMENDED IB...
|
|
| Docket Date |
2024-01-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 1/18 ORDER; STRICKEN PER 1/31 ORDER
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2024-01-18
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DYS
|
|
| Docket Date |
2024-01-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 1/3 ORDER
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2024-01-05
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Record ~ 716 PAGES
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2024-01-03
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-File Response to Clerk's Notice ~ AA W/IN 10 DYS
|
|
| Docket Date |
2024-01-02
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ INABILITY TO COMPLETE ROA
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2023-11-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2023-11-09
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2023-11-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2023-11-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW: 11/07/2023
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2023-11-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-08-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Panel Assignment
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Grease Monkey Auto and Tire, LLC
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| View |
View File
|
|
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ROBERT A. SMITH VS MOBILE PAINT MANUFACTURING COMPANY OF DELAWARE, INC. D/B/A BLP MOBILE PAINT MANUFACTURING COMPANY, INC. A/K/A BLP MOBILE PAINTS, ET AL
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5D2023-2239
|
2023-07-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2018-CA-7736
|
Parties
Docket Entries
| Docket Date |
2023-12-27
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ SC23-1765 CASE DISMISSED
|
|
| Docket Date |
2023-12-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2023-12-26
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
|
| Docket Date |
2023-12-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-12-13
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2023-11-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation ~ CIT OP
|
|
| Docket Date |
2023-10-23
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ IB ACKNOWLEDGED; OTSC DISCHARGED
|
|
| Docket Date |
2023-10-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2023-10-11
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ W/I 10 DAYS
|
|
| Docket Date |
2023-09-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 126 PAGES
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2023-09-19
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-File Response to Clerk's Notice ~ AA W/IN 10 DYS
|
|
| Docket Date |
2023-09-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ INABILITY TO COMPLETE ROA
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2023-08-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ APPEAL DISMISSED AS TO BATTERY CONNECTIONS; ROA BY 9/18 & INITIAL BRF BY 10/9
|
|
| Docket Date |
2023-08-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2023-08-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2023-08-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-08-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dism. Filing Fee
|
|
| Docket Date |
2023-07-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-07-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2023-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 7/5/2023
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2023-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ MOT REINSTATE GRANTED; AA W/IN 10 DYS SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED AS TO BATTERY CONNECTIONS PLUS...
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|
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ROBERT SMITH VS MOBILE PAINT MANUFACTURING COMPANY OF DELAWARE, INC., A FOREIGN FOR PROFIT CORPORATION, D/B/A BLP MOBILE PAINT MANUFACTURING CO., INC., A/K/A BLP MOBILE PAINTS, ET AL
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5D2023-0266
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2022-09-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
16-2018 CA 7736
|
Parties
| Name |
ROBERT A SMITH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BATTERY CONNECTIONS PLUS OF JAX, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PHILLIPS HIGHWAY RIVER CITY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dana Price, Michael Andrew Price
|
|
| Name |
MOBILE PAINT MANUFACTURING COMPANY OF DELAWARE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric Lee Hearn
|
|
| Name |
BLP Mobile Paints
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BLP Mobile Paint Manufacturing Co., Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael S. Sharrit
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Circuit Court Duval
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ "TO FIND COUNSEL"
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2023-08-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-08-29
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2023-08-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation ~ CIT OP
|
|
| Docket Date |
2023-06-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT
|
|
| Docket Date |
2023-05-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ FOR AA, ROBERT SMITH
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2023-04-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1860 PAGES
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2023-03-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Motion to Dismiss ~ APPEAL DISMISSED AS TO AA, BATTERY CONNECTIONS. ROA BY 4/20; INITIAL BRF BY 5/22.
|
|
| Docket Date |
2023-03-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Phillips Highway River City, Inc.
|
|
| Docket Date |
2023-03-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RE: 2/22 ORDER
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2023-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order Grant EOT ~ AA, BATTERY CONNECTIONS, SHALL HAVE UNTIL 3/13 TO FIND COUNSEL AND FILE A NOTICE OF APPEARANCE; 2/7 MOTION FOR REHEARING IS DENIED
|
|
| Docket Date |
2023-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO 2/7 MOTION
|
| On Behalf Of |
Mobile Paint Manufacturing Company of Delaware, Inc.
|
|
| Docket Date |
2023-02-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ OF 1/25 ORDER; DENIED PER 2/22 ORDER
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2023-01-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 1/6 ORDER TO MOT DISM
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ AA'S W/IN 10 DYS FILE RESPONSE TO MOT DISMISS
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Mobile Paint Manufacturing Company of Delaware, Inc.
|
|
| Docket Date |
2022-12-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ (styled for LT) 12/20/22 letter
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2022-12-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order Denying ~ The Court denies Appellant’s motion for reconsideration of stay filed November 15, 2022.The Court denies as moot Appellant’s motion to expedite reconsideration of stay filed November 21, 2022.
|
|
| Docket Date |
2022-11-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Expedite
|
| Description |
Motion To Expedite ~ reconsideration of stay
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2022-11-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ for reconsideration of stay
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2022-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Deny Stay ~ The Court denies Appellant’s motion to stay filed October 4, 2022, for failure to first seek a stay from the lower tribunal. See Fla. R. App. P. 9.310(a).
|
|
| Docket Date |
2022-10-07
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2022-10-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2022-09-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of May 20, 2022.
|
|
| Docket Date |
2022-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2022-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ date 5/20/22
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2022-09-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
| On Behalf Of |
Robert A. Smith
|
|
| Docket Date |
2023-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Motion to Dismiss ~ THE APPEAL IS DISMISSED AS TO THE TRIAL COURT’S “OMNIBUS ORDER DENYING PLAINTIFFS’ PENDING MOTIONS AND DISMISSING PLAINTIFFS’ CLAIMS WITH PREJUDICE,” RENDERED JANUARY 10, 2022. THE APPEAL SHALL PROCEED AS TO THE TRIAL COURT’S “FINAL JUDGMENT OF ATTORNEYS’ FEES AND COSTS AGAINST PLAINTIFFS,” RENDERED APRIL 21, 2022. AA, BATTERY CONNECTIONS SHALL RETAIN COUNSEL, NOTICE OF APPEARANCE BY 2/13
|
|
| Docket Date |
2022-12-22
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
| Docket Date |
2022-09-22
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
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|
|
ROBERT A. SMITH VS CHRISTINE A. LOFFREDO-SMITH
|
4D2020-1106
|
2020-05-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502011DR005598XXXNB
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Parties
| Name |
ROBERT A SMITH, LLC
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Troy W. Klein
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|
| Name |
Christine A. Loffredo-Smith
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robyn Rappaport Weiss, Jean Marie Henne
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|
| Name |
Hon. Dina Keever-Agrama
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
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| Status |
Active
|
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Docket Entries
| Docket Date |
2020-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2020-08-25
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
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| On Behalf Of |
Clerk - Palm Beach
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|
| Docket Date |
2021-05-14
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2021-05-14
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2021-04-22
|
| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2021-03-11
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2021-02-24
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's February 23, 2021 motion for extension of time is granted, and 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.
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| Docket Date |
2021-02-23
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Mot. for Extension of Time to File Reply Brief
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2021-02-12
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| Type |
Order
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| Subtype |
Order Dispensing with Oral Argument
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| 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.
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| Docket Date |
2021-01-20
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
Christine A. Loffredo-Smith
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|
| Docket Date |
2021-01-13
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 01/25/2021
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|
| Docket Date |
2021-01-13
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
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| On Behalf Of |
Christine A. Loffredo-Smith
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|
| Docket Date |
2020-11-23
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
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| On Behalf Of |
Christine A. Loffredo-Smith
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|
| Docket Date |
2020-11-23
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 01/15/2021
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|
| Docket Date |
2020-10-26
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2020-10-16
|
| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's October 14, 2020 motion for extension of time is granted in part, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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| Docket Date |
2020-10-14
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2020-09-14
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/14/2020
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|
| Docket Date |
2020-09-14
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2020-09-14
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| Type |
Record
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| Subtype |
Transcript
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| Description |
Transcript Received ~ 98 PAGES
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| On Behalf Of |
Clerk - Palm Beach
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|
| Docket Date |
2020-09-03
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2020-09-02
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
Order for Status Report Re: ROA ~ Upon consideration of the notice of inability to transmit record on appeal filed by the clerk of the lower tribunal on August 25, 2020, 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.
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| Docket Date |
2020-08-13
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/13/2020
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|
| Docket Date |
2020-07-15
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2020-07-15
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/14/2020
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| Docket Date |
2020-06-01
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Christine A. Loffredo-Smith
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| Docket Date |
2020-05-07
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court 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 circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2020-05-07
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2020-05-07
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2020-05-06
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2020-05-06
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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ROBERT A. SMITH VS CHRISTINE A. LOFFREDO-SMITH
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4D2017-0190
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2017-01-18
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Closed
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| Classification |
NOA Final - Circuit Family - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2011DR005912XXXXNB
|
Parties
| Name |
ROBERT A SMITH, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Philip M. Chopin
|
|
| Name |
Christine A. Loffredo-Smith
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Craig A. Boudreau
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|
| Name |
Hon. Karen M. Miller
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| Role |
Judge/Judicial Officer
|
| Status |
Active
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|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2017-12-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-11-29
|
| Type |
Disposition by Opinion
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| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
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|
| Docket Date |
2017-12-15
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2017-06-12
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
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| On Behalf Of |
Christine A. Loffredo-Smith
|
|
| Docket Date |
2017-05-24
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| Type |
Record
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| Subtype |
Transcript
|
| Description |
Transcript Received ~ 125 PAGES
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|
| Docket Date |
2017-05-24
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
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| Docket Date |
2017-05-16
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| Type |
Brief
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| Subtype |
Amended Initial Brief
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| Description |
Amended Appellant's Initial Brief
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2017-05-11
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORD-Stricken ~ ORDERED that the appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it does list page numbers for issues for review. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
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| Docket Date |
2017-05-10
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits ~ **STRICKEN 5/11/17**
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| On Behalf Of |
Robert A. Smith
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| Docket Date |
2017-04-11
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2017-03-21
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
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| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that appellant's March 17, 2017 motion for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended thirty (30) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b); further,ORDERED that appellant shall file a status report in this court after the evidence in question has been provided to the lower tribunal clerk; further,ORDERED that appellant's March 17, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date the record on appeal is filed. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2017-03-17
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
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| On Behalf Of |
Robert A. Smith
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|
| Docket Date |
2017-03-16
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ OF NON-RECEIPT OF EVIDENCE
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| Docket Date |
2017-01-30
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing ~ DETERMINATION OF INDIGENCY FOR CROSS-APPEAL
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| On Behalf Of |
Christine A. Loffredo-Smith
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| Docket Date |
2017-01-27
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on January 25, 2017. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
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| Docket Date |
2017-01-26
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| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
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|
| Docket Date |
2017-01-19
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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 circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2017-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-01-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Robert A. Smith
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