| Docket Date |
9999-03-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ ***No AR per task note in Jurisdictional Brief task.***
|
|
| Docket Date |
2023-07-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Rehearing Interim Order ~ Upon consideration of appellee’s June 1, 2023 response, it is ORDERED that the appellant's May 17, 2023 motion for rehearing is denied.
|
|
| Docket Date |
2023-06-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Newth Gardens Association, Inc.
|
|
| Docket Date |
2023-05-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ MOTION FOR REHEARING OF ORDER UNCONDITIONALLY GRANTING APPELLATE ATTORNEY'S FEES TO APPELLEE
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s January 17, 2023 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2023-05-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-02-20
|
| 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 |
2023-01-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2023-01-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2023-01-17
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2023-01-12
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's January 11, 2023 motion to correct date in notice of agreed extension of time to file reply brief is granted, and appellant shall file the reply brief on or before January 30, 2023.
|
|
| Docket Date |
2023-01-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO CORRECT DATE IN NOTICE OF AGREED EXTENSION OF TIME TO FILE REPLYBRIEF
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-12-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
Newth Gardens Association, Inc.
|
|
| Docket Date |
2022-12-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 01/13/2023
|
|
| Docket Date |
2022-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-12-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Newth Gardens Association, Inc.
|
|
| Docket Date |
2022-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Newth Gardens Association, Inc.
|
|
| Docket Date |
2022-11-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/14/2022
|
|
| Docket Date |
2022-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Newth Gardens Association, Inc.
|
|
| Docket Date |
2022-10-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/14/2022
|
|
| Docket Date |
2022-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Newth Gardens Association, Inc.
|
|
| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/14/2022
|
|
| Docket Date |
2022-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant’s August 12, 2022 motion to supplement the record is granted, and the record is supplemented to include the material listed in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-08-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-08-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-08-12
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-07-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/12/2022
|
|
| Docket Date |
2022-06-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/13/2022
|
|
| Docket Date |
2022-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-05-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 06/13/2022
|
|
| Docket Date |
2022-03-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 682 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-03-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Set Briefing Schedule
|
| Description |
ORD-Setting Briefing Schedule ~ ORDERED that appellant's March 7, 2022 motion for clarification is treated as a motion for briefing schedule and is granted. Appellant shall file the initial brief on or before May 12, 2022.
|
|
| Docket Date |
2022-03-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant's February 11, 2022 jurisdictional brief, this appeal shall proceed from the portion of the December 29, 2021 order dismissing the entire underlying action as moot. See Hernandez v. State Farm Mut. Auto. Ins. Co., 32 So. 3d 695, 698 (Fla. 4th DCA 2010) (“To satisfy finality, the order must go further and dismiss the cause or complaint.”). Further, ORDERED that this appeal is dismissed from the portion of the December 29, 2021 order solely determining appellee's entitlement to attorney's fees. See Schmidt v. Schmidt, 319 So. 3d 65 (Fla. 4th DCA 2021); S.-Owners Ins. Co. v. Logsdon, 75 So. 3d 1270, 1270 (Fla. 4th DCA 2011).GROSS, DAMOORGIAN and FORST, JJ., concur
|
|
| Docket Date |
2022-03-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification ~ AS TO DUE DATE OF INITIAL BRIEF
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-02-11
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-02-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Newth Gardens Association, Inc.
|
|
| Docket Date |
2022-02-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-02-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-02-01
|
| 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 portion of the January 20, 2022 order granting in part plaintiff's motion for attorney's fees is an appealable final order, as it appears the order determines entitlement to attorney's fees without awarding an amount. See S.-Owners Ins. Co. v. Logsdon, 75 So. 3d 1270, 1270 (Fla. 4th DCA 2011); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994) (holding that orders granting attorney's fees without determining an amount are not appealable orders). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-01-31
|
| 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 (2021), 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.
|
|
| Docket Date |
2022-01-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
John E. Carter
|
|
| Docket Date |
2022-01-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
