| Docket Date |
2019-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellants’ June 6, 2019 motions to consolidate, filed in both 4D19-1610 and 4D19-1612, are granted, and the above-styled case numbers are now consolidated and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D19-1610. Appellants shall file a single initial brief addressing the issues of both appeals. Further, ORDERED that within ten (10) days from the date of this order appellants shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order on appeal in both cases, citing supporting legal authorities. Appellants shall specifically address how the portions of the May 2, 2019 orders of contempt which award plaintiff reasonable fees and costs are appealable, as the circuit court determined that plaintiff is entitled to fees and costs but did not determine the amount. See Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007). Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-06-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-06-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2222-06-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 19-1610 AND 19-1612 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER 19-1610. SEE 06/07/2019 ORDER.**
|
|
| Docket Date |
2020-06-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-06-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-06-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ May 20, 2020 “combined motion for rehearing and/or a written opinion relating to appellants’ second appellate point” is denied.
|
|
| Docket Date |
2020-05-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ MEMORANDUM OF LAW IN OPPOSITION TO APPELLANTS' MOTION FOR REHEARING AND/OR A WRITTEN OPINION RELATING TO APPELLANTS' SECOND APPELLANT POINT
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2020-05-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND/OR A WRITTEN OPINION RELATING TO APPELLANTS' SECOND APPELLATE POINT
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2020-05-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2020-02-21
|
| 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 |
2020-01-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2020-01-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-12-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that Alex P. Rosenthal's December 17, 2019 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2019-12-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2019-12-13
|
| 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 |
RICHARD FIELDS
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ December 13, 2019 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-11-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ROBERT TOUSSIE
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2019-10-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 11/25/2019
|
|
| Docket Date |
2019-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ROBERT TOUSSIE
|
|
| Docket Date |
2019-09-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-08-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the appellants’ August 6, 2019 motion for extension of time to file initial brief is denied as moot as a notice of agreed extension was filed August 7, 2019.
|
|
| Docket Date |
2019-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-08-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/09/19
|
|
| Docket Date |
2019-08-06
|
| 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 |
RICHARD FIELDS
|
|
| Docket Date |
2019-07-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1532 PAGES (PAGES 1-1509)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-07-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-07-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on July 9, 2019, appellants are ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2019-07-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellants’ June 17, 2019 jurisdictional statement, it is ORDERED sua sponte that the above-styled appeal is dismissed as to the portions of the May 2, 2019 orders of contempt which determine entitlement to attorney’s fees and costs but do not determine the amount. Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994). This appeal shall proceed as a final appeal as to the remainder of the May 2, 2019 orders.DAMOORGIAN, FORST and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2019-07-09
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-06-17
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
RICHARD FIELDS
|
|
| Docket Date |
2019-06-04
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-06-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-06-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
RICHARD FIELDS
|
|
