| Docket Date |
2019-02-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-10-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-10-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-02-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-02-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-06-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-06-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellant’s October 11, 2019 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. 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 |
2020-05-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ Upon consideration of the March 2, 2020 "appellant's 2nd motion to issue appellate order on the merits," it is ORDERED that appellant's March 2, 2020 motion is treated as a motion to foreclose the filing of an answer brief and is granted.
|
|
| Docket Date |
2020-03-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ 2ND MOTION TO ISSUE APPELLATE ORDER ON THE MERITS
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2020-01-06
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant's November 15, 2019 "motion to issue appellate order on the merits" is denied. Further, ORDERED that appellee shall file the answer brief within ten (10) days from the date of this order. In addition, appellee is notified that the failure to file 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.
|
|
| Docket Date |
2019-12-10
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s November 15, 2019 “motion to issue appellate order on the merits.”
|
|
| Docket Date |
2019-11-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO ISSUE APPELLATE ORDER ON THE MERITS
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant's October 7, 2019 motion to supplement the record is granted, and the record is supplemented to include material requested in the motion and included in the October 10, 2019 amended appendix to initial brief. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2019-11-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ SUPPLEMENTAL RECORD PER 11/04/2019 ORDER
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-10-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-10-10
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-10-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that not all of the bookmarks are in compliance with Rule 9.220(c)(3), and it contains condensed transcripts. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-10-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 10, 2019 motion for extension of time is granted in part, and appellant shall serve the initial brief within thirty (30) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-09-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's September 6, 2019 motion for extension of time 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, Paragraphs 1 and 2.
|
|
| Docket Date |
2019-09-10
|
| 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 |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-09-06
|
| 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 |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellant’s response filed July 9, 2019, this court’s July 9, 2019 order to show cause is discharged. Further, ORDERED that the motion for extension of time, contained in the response, is granted, and appellant shall serve the initial brief within sixty (60) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-07-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-07-09
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 07/10/2019**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. 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.
|
|
| Docket Date |
2019-06-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 810 PAGES (PAGES 1-800)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-06-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-06-12
|
| 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 June 3, 2019, appellant is 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 |
2019-06-03
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ Upon consideration of appellant’s February 15, 2019 jurisdictional brief and February 20, 2019 supplement to the jurisdictional brief, it is ORDERED that this appeal shall proceed as to the “satisfaction of judgment, canceling foreclosure sale and order deferring on plaintiff’s motions for attorney’s fees,” which was rendered on January 14, 2019. Mack Industries Div. of Hollywood Land Co., Inc. v. Frank J. Baker General Contractor, Inc., 456 So. 2d 1326 (Fla. 4th DCA 1984) (reviewing on appeal an order of satisfaction of judgment). Further, ORDERED that appellant’s February 15, 2019 motion to relinquish jurisdiction is denied. McNulty v. BankUnited, 140 So. 3d 1041, 1042 (Fla. 3d DCA 2014) (noting that relinquishment should be used sparingly and for ministerial matters).
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|
| Docket Date |
2019-03-11
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s February 15, 2019 jurisdictional statement.
|
|
| Docket Date |
2019-02-20
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ SUPPLEMENT TO ITS 02/15/19 RESPONSE TO 02/15/19 ORDER
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-02-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-02-15
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the appeal as to the "satisfaction of judgment, canceling foreclosure sale and order deferring on plaintiff's motions for attorney fees" is timely filed, as the motion for rehearing was disposed of by the circuit court's April 24, 2018 order; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-02-15
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
EARL W. JOHNSTON ROOFING, LLC.
|
|
| Docket Date |
2019-02-13
|
| 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.
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