| Docket Date |
2019-09-17
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2020-08-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-08-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-07-16
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Family Law ~ ORDERED that appellant’s March 23, 2020 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellant should be awarded fees under section 61.16, Florida Statutes (2017) and, if so, the amount appropriate for this appellate case. In determining whether to award fees, the trial court should consider financial need and ability and any other factor necessary to do justice and equity between the parties, pursuant to Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997). If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2020-07-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-05-14
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| 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.
|
|
| Docket Date |
2020-04-09
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2020-04-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellee's April 7, 2020 motion for extension is granted. The response filed April 9, 2020 is deemed filed.
|
|
| Docket Date |
2020-04-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY. FEES
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2020-04-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2020-03-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2020-03-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2020-03-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2020-03-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED**
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2020-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's March 9, 2020 motion for extension of time is granted in part, and appellant shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, 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 reply 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.
|
|
| Docket Date |
2020-03-09
|
| 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 |
JUDITH HEBERT
|
|
| Docket Date |
2020-02-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2020-02-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 03/10/2020
|
|
| Docket Date |
2020-01-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2020-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's January 10, 2020 motion for extension of time is granted in part, and appellee shall serve the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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.
|
|
| Docket Date |
2020-01-10
|
| 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 |
STEPHANE COTE
|
|
| Docket Date |
2019-12-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/15/20.
|
|
| Docket Date |
2019-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2019-11-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/16/19.
|
|
| Docket Date |
2019-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2019-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2019-10-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/15/19.
|
|
| Docket Date |
2019-09-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ DEEMED TIMELY 9/18/19.
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that the appellant's September 17, 2019 motion to accept a late filed brief is granted. The initial brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2019-09-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-09-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's August 30, 2019 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.
|
|
| Docket Date |
2019-08-30
|
| 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 |
JUDITH HEBERT
|
|
| Docket Date |
2019-08-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/1/19
|
|
| Docket Date |
2019-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-07-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/2/19.
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellee’s June 26, 2019 response, it is ORDERED that appellant’s June 11, 2019 “motion for review of order denying motion for temporary appellate attorney’s fees and costs” is denied.
|
|
| Docket Date |
2019-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2019-06-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO REVIEW.
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-06-11
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-05-31
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/3/19.
|
|
| Docket Date |
2019-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ OF STATUS UPDATE ANDFILING OF SECOND AMENDED FINAL JUDGMENT
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that, upon consideration of the May 1, 2019 status report, the appeal shall proceed as to the cross-appeal which will now be the main appeal. The caption in the above-referenced case is corrected to change the name of the appellant to Judith Herbert and appellee to Stephane Cote. All future filings shall reflect this change. Further, ORDERED that appellant's May 1, 2019 "agreed motion to temporarily relinquish jurisdiction and to supplement the record" is granted. Jurisdiction is relinquished to the trial court for twenty (20) days so that the trial court can enter an amended judgment of dissolution attaching the equitable distribution. The appellant shall forward to this court a copy of the amended judgment of dissolution issued during relinquishment and the record will be considered to be supplemented with that judgment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case is stayed and shall proceed in this court upon expiration of relinquishment or upon the filing of the amended final judgment of dissolution, whichever comes first. The appellant shall then file the initial brief within twenty (20) days from the date that the stay is lifted.
|
|
| Docket Date |
2019-05-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ AGREED MOTION TOTEMPORARILY RELINQUISH JURISDICTIONAND TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-05-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ STATUS UPDATE AND PROPOSED BRIEFING SCHEDULE AS WELLAS REQUEST FOR CLARIFICATION AS TO PARTY DESIGNATION
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-04-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the April 22, 2019 notice of voluntary dismissal, this case is dismissed. Appellee shall advise this court as to the status of the cross-appeal within ten (10) days from the date of this order.
|
|
| Docket Date |
2019-04-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2019-03-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2019-03-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 5/1/19.
|
|
| Docket Date |
2019-02-26
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (943 PAGES)
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2019-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2019-02-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/1/19.
|
|
| Docket Date |
2019-02-15
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Order to Supplement Record - transcript ~ ORDERED that appellant's February 15, 2019 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The court reporter shall have thirty (30) days from the date of this order in which to prepare the transcript. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from receipt of the transcript. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2019-02-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2019-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellant's February 5, 2019 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
|
|
| Docket Date |
2019-02-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH RULE 2.516 ANDDESIGNATION OF E-MAIL ADDRESS
|
| On Behalf Of |
JUDITH HEBERT
|
|
| Docket Date |
2019-02-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (5916 PAGES)
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2019-02-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2019-01-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on January 9, 2019. 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.
|
|
| Docket Date |
2019-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
|
| Docket Date |
2018-12-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-12-26
|
| 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, 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.
|
|
| Docket Date |
2018-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
STEPHANE COTE
|
|
| Docket Date |
2018-12-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
