| Docket Date |
2023-08-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
Elizabeth Hayes
|
|
| Docket Date |
2023-08-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
Elizabeth Hayes
|
|
| Docket Date |
2023-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s July 31, 2023 response, it is ORDERED that appellee’s July 21, 2023 motion to dismiss is denied.
|
|
| Docket Date |
2023-07-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Andres Chavez
|
|
| Docket Date |
2024-03-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-03-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
|
| Docket Date |
2024-02-19
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order to File Response
|
| View |
View File
|
|
| Docket Date |
2024-02-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
***MOOT*** Motion To Dismiss
|
|
| Docket Date |
2023-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order on Motion To Withdraw as Counsel
|
| View |
View File
|
|
| Docket Date |
2023-12-06
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
|
| Docket Date |
2023-10-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time -- 60 DAYS TO 1/9/24
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Andres Chavez
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order on Motion for Reconsideration/Rehearing of an Order
|
| View |
View File
|
|
| Docket Date |
2023-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's July 17, 2023 motion for rehearing on consideration of certiorari is denied.
|
|
| Docket Date |
2023-07-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Elizabeth Hayes
|
|
| Docket Date |
2023-07-20
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO MOTION FOR REHEARING ON CONSIDERATION OF CERTIORARI
|
| On Behalf Of |
Elizabeth Hayes
|
|
| Docket Date |
2023-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING ON CONSIDERATION OF CERTIORARI
|
| On Behalf Of |
Elizabeth Hayes
|
|
| Docket Date |
2023-07-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO PETITIONER'S MOTION FOR REHEARING
|
| On Behalf Of |
Andres Chavez
|
|
| Docket Date |
2023-07-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing on an Order ~ ON CONSIDERATION OF CERTIORARI
|
| On Behalf Of |
Andres Chavez
|
|
| Docket Date |
2023-06-13
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Andres Chavez
|
|
| Docket Date |
2023-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Elizabeth Hayes
|
|
| Docket Date |
2023-06-02
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the May 4, 2023 partial final judgment is a final or nonfinal appealable order, as it dissolves the marriage but reserves on parental responsibility, timesharing, and child support; and how the May 4, 2023 order appointing guardian ad litem is a final or nonfinal appealable order, as it merely directs a guardian to make recommendations as to parental responsibility and timesharing but does not appear to make a determination as to those issues. See Fla. R. App. P. 9.110, 9.130; Wilson v. Wilson, 906 So. 2d 356, 356 (Fla. 1st DCA 2005) ("An order dissolving a marriage but reserving jurisdiction over issues such as child support, child custody, alimony, and/or property issues, is not final."). Further, Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Andres Chavez
|
|
| Docket Date |
2023-05-26
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Andres Chavez
|
|
| Docket Date |
2023-05-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-06-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's June 26, 2023 reply to appellee’s response to jurisdictional brief is stricken as unauthorized. Further,ORDERED that appellee’s June 26, 2023 motion to strike is determined to be moot.
|
|
| Docket Date |
2023-07-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s June 13, 2023 jurisdictional brief and appellee’s June 22, 2023 response, this appeal shall proceed in part, only as to the May 4, 2023 order on temporary parenting issues. Fla. R. App. P. 9.130(a)(3)(C)(iii)(b). Further,ORDERED that this appeal is dismissed as to the May 4, 2023 partial final judgment and May 4, 2023 order appointing guardian ad litem. See Fla. R. App. P. 9.110, 9.130; Bland v. Bland, 971 So. 2d 210, 212 (Fla. 5th DCA 2007) (“[A]n order that dissolves a marriage and determines some issues but reserves jurisdiction as to other issues is not a partial final judgment for the purposes of appeal.”). Further,ORDERED that appellant’s request to treat the appeal as a petition for writ of certiorari is denied. See Fla. R. App. P. 9.110(k) (“partial final judgments are reviewable either on appeal from the partial final judgment or on appeal from the final judgment in the entire case”); Glazer v. Glazer, 394 So. 2d 140, 140 (Fla. 4th DCA 1981) (denying certiorari review where the appellant could not demonstrate any wrong which could not be remedied on appeal); Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) (“[t]he general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment.”); Baker v. Frick, 154 So. 846, 846 (Fla. 1934) (dispossession of property generally does not constitute irreparable harm).GROSS, GERBER and LEVINE, JJ., concur.
|
|
| Docket Date |
2023-06-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Elizabeth Hayes
|
|
| Docket Date |
2023-06-26
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ ***STRICKEN AS UNAUTHORIZED***
|
| On Behalf Of |
Andres Chavez
|
|
| Docket Date |
2023-06-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
Elizabeth Hayes
|
|
| Docket Date |
2023-06-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***AMENDED***
|
| On Behalf Of |
Andres Chavez
|
|
| Docket Date |
2023-05-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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