| Docket Date |
2022-05-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's April 11, 2022 motion for written opinion and certification is denied. Further,ORDERED that appellant’s April 19, 2022 motion for leave to file reply is denied.
|
|
| Docket Date |
2022-04-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-04-20
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ ***PROPOSED***
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2022-04-19
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2022-04-18
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
Refresh Funding, LLC
|
|
| Docket Date |
2022-04-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ "MOTION FOR WRITTEN OPINION AND CERTIFICATION OF CONFLICT"
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2022-03-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s December 1, 2021 motion for order determining entitlement to 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 |
2021-12-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-12-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant's reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds the word count limit. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief. Further, ORDERED that appellant’s December 20, 2021 motion to accept reply brief as timely filed is denied as moot.
|
|
| Docket Date |
2021-12-20
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-12-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ ***STRICKEN 12/21/21***
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-12-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Refresh Funding, LLC
|
|
| Docket Date |
2021-11-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Refresh Funding, LLC
|
|
| Docket Date |
2021-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ Upon consideration of appellant’s November 10, 2021 response, it is ORDERED that appellee’s November 9, 2021 motion to supplement record is denied. Further, ORDERED that appellant’s November 8, 2021 motion to strike is denied as moot.
|
|
| Docket Date |
2021-11-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO SUPPLEMENT
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-11-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Refresh Funding, LLC
|
|
| Docket Date |
2021-11-08
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***PROPOSED***
|
| On Behalf Of |
Refresh Funding, LLC
|
|
| Docket Date |
2021-11-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-11-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ Upon consideration of appellant’s September 24, 2021 response, it is ORDERED that appellee’s September 27, 2021 revised motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal. Further, upon consideration of appellee’s September 28, 2021 response, it is ORDERED that appellant’s September 28, 2021 “Motion for Court's Order Prospectively Striking Any Further/Future Motion(s) For Extensions of Time for the Filing of Appellee's Answer Brief Based upon Claims of an Inability to Prepare and File Written Submissions” is denied.
|
|
| Docket Date |
2021-10-05
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-10-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR SANCTIONS
|
| On Behalf Of |
Refresh Funding, LLC
|
|
| Docket Date |
2021-10-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's September 30, 2021 reply is stricken as unauthorized.
|
|
| Docket Date |
2021-09-30
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply ~ **STRICKEN**
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-09-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Refresh Funding, LLC
|
|
| Docket Date |
2021-09-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR COURT'S ORDER PROSPECTIVELY STRIKING ANY FURTHER/FUTURE MOTION(S) FOR EXTENSIONS OF TIME FOR THE FILING OF APPELLEE'S ANSWER BRIEF BASED UPON CLAIMS OF AN INABILITY TO PREPARE AND FILE WRITTEN SUBMISSIONS
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-09-27
|
| 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 |
Refresh Funding, LLC
|
|
| Docket Date |
2021-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellee’s September 23, 2021 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 |
2021-09-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-09-23
|
| 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 |
Refresh Funding, LLC
|
|
| Docket Date |
2021-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ Upon consideration of appellants’ August 20, 2021 response, it isORDERED that appellee's August 19, 2021 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-08-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-08-19
|
| 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 |
Refresh Funding, LLC
|
|
| Docket Date |
2021-08-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellee's July 16, 2021 response, it is ORDERED that the court determines that this appeal of the portion of the June 18, 2021 order denying defendant's emergency motion to quash is reviewable as a non–final order, rather than a final order. Fla. R. App. P. 9.130(a)(3)(C)(i). Further, ORDERED that the court determines that this appeal of the portion of the June 18, 2021 order denying defendant’s emergency motion to stay the writ of possession is dismissed for lack of jurisdiction. See Cordero v. Washington Mutual Bank, 241 So. 3d 967, 968 (Fla. 3d DCA 2018).WARNER, DAMOORGIAN and CIKLIN, JJ., concur.
|
|
| Docket Date |
2021-08-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 596 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-07-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-07-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants’ 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 it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). 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 |
2021-07-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 7/26/21***
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellants’ “motion for court’s acceptance of [now filed] initial brief due to exceptional circumstances” is granted. The brief is deemed timely filed as of the date of this order. Further,ORDERED that appellants’ 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 it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). 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 |
2021-07-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 7/22/21***
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-07-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-07-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR COURT'S ACCEPTANCE OF [NOW FILED]INITIAL BRIEF DUE TO EXCEPTIONAL CIRCUMSTANCES
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-07-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's July 15, 2021 response and corrected response are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-07-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
Refresh Funding, LLC
|
|
| Docket Date |
2021-07-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***STRICKEN 7/16/21***
|
| On Behalf Of |
Refresh Funding, LLC
|
|
| Docket Date |
2021-07-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **AMENDED**
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-07-12
|
| 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 July 12, 2021 amended motion for extension of time is granted, and appellant shall serve the initial brief within five (5) 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 |
2021-07-06
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-06-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO EMERGENCY MOTION TO STAY
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-06-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-06-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-06-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-06-25
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
16859 SW 49 Court LLC, et al.
|
|
| Docket Date |
2021-06-25
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
|
|
