| Docket Date |
2024-11-25
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| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
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| Description |
ORDERED that appellant's November 22, 2024 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained. Appellant is advised that further requests for emergency treatment which are made without an objectively reasonable basis for doing so may result in the imposition of sanctions against Appellant. See Fla. R. App. P. 9.410; see also USAA Cas. Ins. Co. v. Pembroke Pines MRI, Inc., 24 So. 3d 588, 589 (Fla. 4th DCA 2009) (explaining that a party "who seeks 'emergency' review immediately loses credibility if this court discovers there is no true emergency.").
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| View |
View File
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| Docket Date |
2024-11-23
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
|
| Docket Date |
2024-09-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Vanessa Louis
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| View |
View File
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|
| Docket Date |
2024-09-09
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before September 19, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| View |
View File
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|
| Docket Date |
2024-07-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 113 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing of Lower Tribunal Order
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|
| Docket Date |
2024-06-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Emergency Motion for Injunctive Relief
|
|
| Docket Date |
2024-06-10
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the June 4, 2024 default judgment for eviction being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| View |
View File
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|
| Docket Date |
2024-06-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document- Civil Cover Sheet
|
|
| Docket Date |
2024-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-06-07
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
ORDERED that, upon consideration of appellant's June 6, 2024 request for emergency
treatment, the trial court is directed to issue an order on appellant's June 4, 2024 motion to stay
within ten (10) days from the date of this order. The June 4, 2024 default judgment for eviction
is stayed pending the trial court's disposition of said motion and until further order of this court.
KLINGENSMITH, C.J., GROSS and FORST, JJ., concur
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| View |
View File
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|
| Docket Date |
2024-06-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion to Stay the Writ of Possession Pending Review
|
|
| Docket Date |
2024-06-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-06-06
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
|
| Docket Date |
2024-06-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
|
| Docket Date |
2024-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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|
| Docket Date |
2025-01-07
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
ORDERED that appellant's November 22, 2024 "Emergency Motion for Default" is treated as a motion to foreclose the filing of an answer brief, and is denied. It is determined that appellee has chosen not to file an answer brief. Further,
ORDERED that briefing in this appeal is perfected, and will proceed to review on the basis of the appellant's September 19, 2024 initial brief and the record.
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| View |
View File
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|
| Docket Date |
2024-12-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellee is directed to respond, within ten (10) days from the date of this order, to Appellant's November 22, 2024 Emergency Motion for Default.
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| View |
View File
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|
| Docket Date |
2024-06-18
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
ORDERED that, upon consideration of appellant's June 6, 2024 request for emergency
treatment, appellant's June 7, 2024 and June 17, 2024 motions are construed as a motion for
review of the trial court's June 7, 2024 order denying her motion for stay and are denied. While
the court is sympathetic to the facts described by appellant, a trial court's ruling on a Rule
9.310(a) motion to stay is a discretionary matter. Open MRI of Okeechobee, LLC v. Aldana,
969 So. 2d 589, 590 (Fla. 4th DCA 2007) ("A stay of a final or non-final order is a discretionary
decision of the trial court."). Per Everett v. Everett, 196 So. 3d 483, 484 (Fla. 1st DCA 2016),
"[w]e review the lower tribunal's decision on the motion to stay under the 'highly deferential'
abuse of discretion standard. The idea is that the court most familiar with the controversy is in
the best posture to determine the appropriateness and conditions of a stay." This highly
deferential standard requires the court to "fully recognize the superior vantage point of the trial
judge" and "apply the 'reasonable' test to determine whether the trial judge abused its
discretion." J.J.K. Int'l, Inc. v. Shivbaran, 985 So. 2d 66, 68 (Fla. 4th DCA 2008). The trial court's
June 7, 2024 order does not reflect an abuse of discretion as described above. Therefore, the
stay imposed by this court's June 7, 2024 order is lifted.
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| View |
View File
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