| Docket Date |
2023-02-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-01-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2023-02-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-09-23
|
| 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 |
2022-09-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-08-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-08-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Mary Murphy
|
|
| Docket Date |
2022-08-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Mary Murphy
|
|
| Docket Date |
2022-07-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-07-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant’s May 27, 2022 motion to supplement the record and extend time to file the initial brief is granted. The material requested in the motion shall be included in the record on appeal. Said supplemental record is deemed filed as of the date of this order. Further, ORDERED that the time for service of the initial brief is extended seven (7) 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.
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|
| Docket Date |
2022-06-24
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-05-27
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-05-18
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-05-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant's May 18, 2022 motion to supplement the record is granted, and the record is supplemented to include the transcripts from the September 29, 2021 hearing. Said supplemental record is deemed filed as of the date of this order.
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|
| Docket Date |
2022-04-27
|
| 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 April 18, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 1, 2022. 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.
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|
| Docket Date |
2022-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-04-18
|
| 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 |
Matthew James Fendrich
|
|
| Docket Date |
2022-04-01
|
| 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 March 25, 2022 pro se motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) 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.
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|
| Docket Date |
2022-03-25
|
| 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 |
Matthew James Fendrich
|
|
| Docket Date |
2022-03-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Stipulation ~ FOR WITHDRAWAL OF COUNSEL
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-03-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-02-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF DESIGNATION TO COURT REPORTER AND COURT REPORTER'S ACKNOWLEDGMENT
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-02-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **DENIED, SEE 02/21/2022 ORDER**
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-02-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ FOR FAILURE TO TIMELY FILE INITIAL BRIEF
|
| On Behalf Of |
Mary Murphy
|
|
| Docket Date |
2022-02-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF DESIGNATION TO COURT REPORTER AND COURT REPORTER'S ACKNOWLEDGMENT
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-01-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF DESIGNATION TO COURT REPORTER
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2022-01-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ FOR FAILURE TO TIMELY PROVIDE TRANSCRIPT
|
| On Behalf Of |
Mary Murphy
|
|
| Docket Date |
2022-01-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 385 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-12-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ DIRECTIONS TO CLERK
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2021-12-10
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ ORDER GRANTING MOTION FOR ENFORCEMENT
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2021-12-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2021-11-23
|
| 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.
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|
| Docket Date |
2021-11-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Matthew James Fendrich
|
|
| Docket Date |
2023-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Family Law ~ ORDERED that appellee’s August 3, 2022 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee should be awarded fees under section 61.16, Florida Statutes (2021), and if so, the amount appropriate for this appellate case. In determining whether to award fees, the trial court should consider financial need and ability and any other factor necessary to do justice and equity between the parties, pursuant to Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997). 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. Further, ORDERED that appellant’s August 12, 2022 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellant should be awarded fees under section 61.16, Florida Statutes (2021), and if so, the amount appropriate for this appellate case. In determining whether to award fees, the trial court should consider financial need and ability and any other factor necessary to do justice and equity between the parties, pursuant to Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997). 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. Further,ORDERED that the motion for costs filed by Nicole Nicolette Mace is denied without prejudice to seek cost in the trial court.
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|
| Docket Date |
2022-03-25
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The March 4, 2022 motion of Doreen Bonadies Halickman and Christine B. Farley, counsel for appellant, to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20 day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all filings shall be sent to appellant at the address appearing below; 482 Peacock Lane SJupiter, FL 33458(4) if substitute counsel does not appear within twenty (20) days from the date of this order, appellant is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2022-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's January 28, 2022 motion to dismiss is denied as moot in light of appellant filing the notice of designation to the court reporter on January 28, 2022. Further, ORDERED that appellee's February 17, 2022 motion to dismiss is denied. See United Auto. Ins. Co. v. Total Rehab & Med. Ctr., 870 So. 2d 866, 869 (Fla. 3d DCA 2004) ("Florida has long-standing public policy in favor of deciding controversies on the merits."). Further, ORDERED that appellant's February 17, 2022 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.
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