| Docket Date |
2024-05-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-06-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2023-06-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-06-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-04-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE TO APPELLANTS' MOTION FOR WRITTEN OPINION
|
| On Behalf Of |
CAROL S. FUNK
|
|
| Docket Date |
2024-03-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion ~ APPELLANTS' MOTION FOR WRITTEN OPINION
|
| On Behalf Of |
JEFFREY B. MEEHAN
|
|
| Docket Date |
2024-03-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The parties have filed competing motions for appellate attorney's fees based on the provisions of the operating agreement underlying this litigation. The Appellee's motion is granted and is remanded to the circuit court for a determination of the reasonable amount of appellate attorney's fees incurred in defending this appeal. The Appellant's motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2024-03-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2024-02-20
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2023-11-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JEFFREY B. MEEHAN
|
|
| Docket Date |
2023-11-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JEFFREY B. MEEHAN
|
|
| Docket Date |
2023-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellants' motion for extension of time is granted, and the reply brief shall beserved by November 29, 2023.
|
|
| Docket Date |
2023-11-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
JEFFREY B. MEEHAN
|
|
| Docket Date |
2023-11-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES' MOTION FOR APPELLATE ATTORNEY FEES
|
| On Behalf Of |
CAROL S. FUNK
|
|
| Docket Date |
2023-10-18
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
CAROL S. FUNK
|
|
| Docket Date |
2023-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees' motion for extension of time is granted, and the answer brief shall beserved by October 18, 2023.
|
|
| Docket Date |
2023-10-10
|
| 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 |
CAROL S. FUNK
|
|
| Docket Date |
2023-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CAROL S. FUNK
|
|
| Docket Date |
2023-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees' motion for extension of time is granted, and the answer brief shall beserved by October 11, 2023.
|
|
| Docket Date |
2023-09-08
|
| 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 |
CAROL S. FUNK
|
|
| Docket Date |
2023-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees' motion for extension of time is granted, and the answer brief shallbe served by September 11, 2023.
|
|
| Docket Date |
2023-08-30
|
| 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 |
CAROL S. FUNK
|
|
| Docket Date |
2023-08-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSE IN OPPOSITION TO APPELLANTS' MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
CAROL S. FUNK
|
|
| Docket Date |
2023-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CAROL S. FUNK
|
|
| Docket Date |
2023-08-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
JEFFREY B. MEEHAN
|
|
| Docket Date |
2023-08-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JEFFREY B. MEEHAN
|
|
| Docket Date |
2023-08-02
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
JEFFREY B. MEEHAN
|
|
| Docket Date |
2023-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served by August 2, 2023.
|
|
| Docket Date |
2023-07-21
|
| 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 |
JEFFREY B. MEEHAN
|
|
| Docket Date |
2023-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served by July 25, 2023.
|
|
| Docket Date |
2023-06-29
|
| 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 |
JEFFREY B. MEEHAN
|
|
| Docket Date |
2023-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
JEFFREY B. MEEHAN
|
|
| Docket Date |
2024-04-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Appellants have filed a motion for clarification or rehearing of this court's order granting Appellees' motion for appellate attorney's fees. The motion for clarification is granted. To the extent that the motion can be construed as a motion for rehearing, the motion is denied.
As a preliminary observation, we note that even if an appellate court fails to use "provisional" or "contingent" language in a fee order, a trial court nevertheless exceeds its authority by awarding prevailing party attorney's fees prior to the conclusion of litigation. See, e.g., Allstate Ins. Co. v. de la Fe, 647 So. 2d 965, 966 (Fla. 3d DCA 1994) (holding that the trial court erred by awarding attorney's fees prior to deciding the case on the merits where the appellate court "merely directed the lower court to 'fix' the amount of attorney's fees"). That said, this court typically grants a motion for prevailing party appellate attorney's fees contingent upon that party prevailing in the litigation below. See Sabina v. Dahlia Corp., 678 So. 2d 822, 822-23 (Fla. 2d DCA 1996) ("[I]n an interlocutory appeal, the party prevailing on the interlocutory appeal must also be the ultimate prevailing party in the trial court to be entitled to a final judgment of appellate fees from the interlocutory appeal.").
We continue to "adhere[] to the traditional approach of only conditionally awarding fees to a party which prevails on appeal." E. Coast Metal Decks, Inc. v. Boran Craig Barber Engel Const. Co., 114 So. 3d 311, 314 (Fla. 2d DCA 2013). Accordingly, this court's order should have provided - and shall be construed as providing - that the award of appellate attorney's fees is contingent upon Appellees ultimately prevailing in the litigation and establishing their entitlement to fees under the operating agreement at issue.
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| View |
View File
|
|
| Docket Date |
2023-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, FEBRUARY 20, 2024, at 9:30 A.M., before: Judge Daniel H. Sleet, Judge Patricia J. Kelly, Judge Craig C. Villanti. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College Of Law, Tampa Law Center, 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. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to 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.
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|
| Docket Date |
2023-06-20
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief ~ This proceeding is a nonfinal appeal, or an appeal of a specified final order, governed by Florida Rule of Appellate Procedure 9.130. The initial brief and appendix shall be served within fifteen days of the date of this order. The appellee(s) shall serve the answer brief(s) within thirty days of service of the initial brief.
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