| Docket Date |
2019-11-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Monroe Clerk
|
|
| Docket Date |
2021-11-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE OF UNAVAILABILITY
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2021-06-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Appellants’ Response to Appellees’ Motion for Rehearing, filed on June 8, 2021, is noted.Upon consideration, Appellees’ Motion for Rehearing Pursuant to Florida Rule of Appellate Procedure 9.330 is hereby denied. SCALES, MILLER and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-06-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TOAPPELLEE'S MOTION FOR REHEARING
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2021-06-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ APPELLEES/PLAINTIFFS, JOHN C. MURPHY, et al.MOTION FOR REHEARINGPURSUANT TO Fla.R.App.P. 9.330
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2021-05-19
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of Appellants’ Motion for Appellate Attorney’s Fees and Costs, it is ordered that said Motion is hereby denied. Appellees’ “Motion for Prevailing Party Derivative Action Attorney’s Fees and Costs Pursuant to Fla.R.App.P. 9.400(a) and (b)” is hereby denied.
|
|
| Docket Date |
2021-05-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and remanded with instructions.
|
|
| Docket Date |
2021-04-13
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3DCA
|
|
| Docket Date |
2021-02-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF ACKNOWLEDEGMENT
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2021-02-12
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument-Video Conference
|
| Description |
Remote OA Notice ~ This cause is hereby provisionally set for oral argument before the Third District Court of Appeal on FILLIN "Original date and time" TUESDAY, APRIL 13, 2021, at 9:30 a.m., with fifteen (15) minutes allowed each side for presentation of oral argument. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. Due to the circumstances surrounding the COVID-19 pandemic, the oral argument will not be held at the courthouse. Instead, the oral argument will be held remotely, via the Zoom platform. Attached to this Notice you will find additional instructions for accessing the platform, and for testing your connections thereto. Each of the attorneys who will argue must return a Notice of Acknowledgment, attached hereto, within three (3) days of this Notice. The Notice has instructions for return.If for any reason counsel is unable to participate remotely, via the Zoom platform, please notify the Court promptly so that other arrangements can be made.The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument.
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2021-01-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE OF UNAVAILABILITY
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-12-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2020-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellants’ Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including December 28, 2020, with no further extensions allowed.
|
|
| Docket Date |
2020-11-27
|
| 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 |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2019-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2020-11-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEES' MOTION FOR PREVAILING PARTYDERIVATIVE ACTION ATTORNEY'S FEES AND COSTSPURSUANT TO Fla.R.App.P. 9.400(a) and (b)
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-10-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellees’ Motion for Leave to File Answer Brief in Excess of Fifty (50) Pages is granted, and the enlarged Answer Brief filed on October 28, 2020, is accepted by the Court.
|
|
| Docket Date |
2020-10-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-10-28
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Enlarged Brief
|
| Description |
Motion To File Enlarged Brief ~ APPELLEES' MOTION FOR LEAVE TO FILEANSWER BRIEF IN EXCESS OF FIFTY (50) PAGES
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-10-28
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-10-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellees’ Unopposed Motion for Extension of Time to file the answer brief is granted to and including October 31, 2020, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appellees will be precluded from filing an answer brief and/or presenting oral argument to the Court in this cause.
|
|
| Docket Date |
2020-10-06
|
| 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 |
JOHN C. MURPHY
|
|
| Docket Date |
2020-09-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Monroe Clerk
|
|
| Docket Date |
2020-09-22
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index ~ Supplemental index pages 2263-3092
|
| On Behalf Of |
Monroe Clerk
|
|
| Docket Date |
2020-09-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification (OG54) ~ Upon consideration, Appellees’ Motion for Clarification is hereby granted. The answer brief is due twenty (20) days from the date the relinquishment period expires, unless otherwise ordered by this Court. LOGUE, LINDSEY and LOBREE, JJ., concur.
|
|
| Docket Date |
2020-07-31
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ APPELLEES' MOTION FOR CLARIFICATIONRE: THE TOLLING OF TIME TO FILE APPELLEES' ANSWER BRIEFAND FOR THE ISSUANCE OF A BRIEFING SCHEDULE FOR THEFILING OF APPELLEES' ANSWER BRIEF UPON RESUMPTION OFJURISDICTION IN THIS COURT
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment Granted (OG49) ~ The Motion to Relinquish Jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court for a period of sixty (60) days from the date of this Order for the purpose(s) stated in the Motion.
|
|
| Docket Date |
2020-07-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEES' MOTION TORELINQUISH JURISDICTION TO THE CIRCUIT COURT PURSUANTTO FLA. R. APP. P. 9.600(b) FOR THE LIMITED PURPOSE OFCOMPLETING THE RECORD ON APPEAL WITH RECONSTRUCTEDMISSING EVIDENCE ADMITTED DURING THE PROCEEDINGSBELOW
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2020-07-17
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellants are ordered to file a response within ten (10) days from the date of this Order to the appellees' Motion to Relinquish Jurisdiction.
|
|
| Docket Date |
2020-07-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ APPELLEES' MOTION TO RELINQUISH JURISDICTIONTO THE CIRCUIT COURT PURSUANT TO Fla.R.App.P. 9.600(b)FOR THE LIMITED PURPOSE OF COMPLETING THE RECORD ON APPEAL WITH RECONSTRUCTED MISSING EVIDENCE ADMITTED DURING THE PROCEEDINGS BELOW
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-06-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-30 days to 7/31/20
|
|
| Docket Date |
2020-06-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES' UNOPPOSED MOTION FOR EXTENSION OF TIMETO FILE APPELLEES' ANSWER BRIEF
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-05-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 7/01/20
|
|
| Docket Date |
2020-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ AGREED NOTICE OF EXTENSION OF TIMETO FILE APPELLEES' ANSWER BRIEF
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-05-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Monroe Clerk
|
|
| Docket Date |
2020-05-08
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Monroe Clerk
|
|
| Docket Date |
2020-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-28 days to 6/01/20
|
|
| Docket Date |
2020-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ AGREED NOTICE OF EXTENSION OF TIMETO FILE APPELLEES' ANSWER BRIEF
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-03-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2020-03-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANTS' MOTION FOR APPELLATE ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2020-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2020-02-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-46 days to 5/4/20
|
|
| Docket Date |
2020-02-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2020-02-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO APPELLANTS' INITIAL BRIEF
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellants’ Motion to Supplement the Record on Appeal, filed on January 17, 2020, is granted, and the record on appeal is supplemented to include the transcripts that are attached to said Motion.
|
|
| Docket Date |
2020-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-(ORVAL R. GASTER and CHARLES D. EIDSCHUN) 15 DAYS TO 2/15/20
|
|
| Docket Date |
2020-01-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2020-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2019-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellants’ Notice of Agreed Extension of Time to file the initial brief is treated as a motion for extension of time to file the initial brief, and the motion is granted to and including January 24, 2020, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
|
|
| Docket Date |
2019-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2019-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-90 days to 12/10/2019.
|
|
| Docket Date |
2019-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE INITIAL BRIEF.
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2019-08-23
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index
|
| On Behalf Of |
Monroe Clerk
|
|
| Docket Date |
2019-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellants' motion for clarification is treated as a motion for an extension of time to file the initial brief, and the motion is granted to and including twenty (20) days from the date of this order, without prejudice to the appellants moving for further extensions of time if the index to the record has not been filed. LOGUE, LINDSEY and LOBREE, JJ., concur.
|
|
| Docket Date |
2019-08-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ MOTION FOR CLARIFICATION OF DEADLINE FOR FILINGINITIAL BRIEF
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2019-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Following review of the appellees’ response to the motion to stay, appellants’ motion to stay pending appeal is hereby denied without prejudice to filing a renewed motion if the parties agree to the terms and conditions. LOGUE, LINDSEY and LOBREE, JJ., concur.
|
|
| Docket Date |
2019-07-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2019-07-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S MEMORANDUM IN RESPONSE TOMOTION TO STAY PENDING APPEAL
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2019-07-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ MOTION TO STAY PENDING APPEAL
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2019-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment Granted (OG49) ~ The appellees' motion to relinquish jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court for a period of thirty (30) days from the date of this order to rule on pending timely motion for clarification. LOGUE, LINDSEY and LOBREE, JJ., concur.
|
|
| Docket Date |
2019-06-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEES' MOTION TO RELINQUISH JURISDICTION TO CIRCUIT COURT FOR LIMITED PURPOSE OF CONSIDERATION OF PENDING MOTION FOR CLARIFICATION
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2019-05-24
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellants are ordered to file a response within ten (10) days of the date of this order to the appellees' motion to relinquish jurisdiction.
|
|
| Docket Date |
2019-05-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ TO CIRCUIT COURT FOR LIMITED PURPOSE OF CONSIDERATION OF PENDING MOTION FOR CLARIFICATION
|
| On Behalf Of |
JOHN C. MURPHY
|
|
| Docket Date |
2019-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ OF SECOND AMENDED CERTIFICATE OF SERVICE TO NOTICE OF APPEAL
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
| Docket Date |
2019-04-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-04-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2019-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE
|
| On Behalf Of |
SUMMERLAND KEY COVE PARK, LLC
|
|
