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GENNA BRUGAL, Appellant(s) v. CITY OF NAPLES, Appellee(s).
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6D2023-4088
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2023-11-30
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Open
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2022-CA-001117-0001-XX
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Parties
| Name |
GENNA BRUGAL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
WILLIAM AMLONG, ESQ., JENNIFER DALEY, ESQ.
|
|
| Name |
CITY OF NAPLES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOHN W. KELLER, IV, ESQ., WAYNE L. HELSBY, ESQ., SUSAN POTTER NORTON, ESQ., Matthew McConnell, Kimberly Ann Wittman
|
|
| Name |
HON. LAUREN L. BRODIE
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Collier Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-06
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ **LOCATED IN IDCA CONFIDENTIAL**
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| On Behalf Of |
GENNA BRUGAL
|
|
| Docket Date |
2024-11-13
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
15- RB DUE 12/03/2024
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| On Behalf Of |
GENNA BRUGAL
|
|
| Docket Date |
2024-10-17
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| Type |
Brief
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| Subtype |
Amended Answer Brief
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| Description |
Amended Answer Brief
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| On Behalf Of |
CITY OF NAPLES
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| View |
View File
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|
| Docket Date |
2024-10-17
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| Type |
Response
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| Subtype |
Response
|
| Description |
Appellant's Response to Appellee's Motion for Attorneys' Fees and Costs
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| On Behalf Of |
GENNA BRUGAL
|
|
| Docket Date |
2024-10-09
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES AND
COSTS
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| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2024-10-08
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
CITY OF NAPLES
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| View |
View File
|
|
| Docket Date |
2024-08-12
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| Type |
Response
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| Subtype |
Response
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| Description |
APPELLEE'S RESPONSE TO APPELLEE'S PETITION FOR ATTORNEY'S FEES
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| On Behalf Of |
CITY OF NAPLES
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|
| Docket Date |
2024-08-09
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| Type |
Brief
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| Subtype |
Amended Initial Brief
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| Description |
Amended Initial Brief
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| On Behalf Of |
GENNA BRUGAL
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| View |
View File
|
|
| Docket Date |
2024-08-07
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
CITY OF NAPLES
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|
| Docket Date |
2024-07-29
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
GENNA BRUGAL
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|
| Docket Date |
2024-07-29
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
GENNA BRUGAL
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|
| Docket Date |
2024-07-29
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
GENNA BRUGAL
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| View |
View File
|
|
| Docket Date |
2024-07-17
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2024-07-11
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| Type |
Notice
|
| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
CITY OF NAPLES
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|
| Docket Date |
2024-06-24
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| Type |
Order
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| Subtype |
Order on Motion to Stay
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| Description |
The renewed motion for stay is denied.
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| View |
View File
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| Docket Date |
2024-06-24
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE TO RENEWED MOTION TO STAY APPELLATE PROCEEDINGS FILED JUNE 5, 2024
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| On Behalf Of |
GENNA BRUGAL
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|
| Docket Date |
2024-06-11
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
Mediation having concluded, the motion for stay of appeal pending review filed prior to the mediation stay is denied as moot. Appellee may respond to the new motion for stay, filed following the conclusion of mediation, within ten days from the date of this order.
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| View |
View File
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| Docket Date |
2024-06-05
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| Type |
Response
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| Subtype |
Response
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| Description |
Appellant's Response to Appellee's Renewed Motion to Stay Appellate Proceedings
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2024-05-30
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
APPELLEE'S RENEWED MOTION TO STAY APPELLATE
PROCEEDINGS
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| On Behalf Of |
CITY OF NAPLES
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| Docket Date |
2024-05-17
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| Type |
Order
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| Subtype |
Order on Unsuccessful Mediation
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| Description |
The above-referenced case has been noted as an unsuccessful mediation. Accordingly, the ten day time period for filing directions to the clerk and designations to the court reporter, the fifty-day time period for preparing the record and serving copies of the index, the sixty-day time period for filing the record on appeal, and the seventy-day time period for filing of Appellant's Initial Brief shall commence as of the date of this order.
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| View |
View File
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| Docket Date |
2024-05-14
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| Type |
Mediation
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| Subtype |
Mediation Report
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| Description |
Mediation Report
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|
| Docket Date |
2024-04-03
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| Type |
Mediation
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| Subtype |
Notice of Mediation
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| Description |
Notice of Mediation
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2024-03-26
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| Type |
Order
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| Subtype |
Order Appointing Mediator
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| Description |
Misc. Mediation Order ~ The Court hereby appoints William J. Hazzard, mediator number 27689 R, as mediator in this matter. Mediation must be conducted in conformity with the Sixth District Court of Appeal’s administrative orders and rules regarding appellate mediation and the Florida Rules for Certified and Court-Appointed Mediators. The Mediation Report must be completed and filed within ten days from conclusion of mediation but not later than ten days subsequent to expiration of the 60-day mediation period approved by the Order of Referral to Mediation dated March 15, 2024.
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| Docket Date |
2024-03-22
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ RESPONSE TO ORDER OF REFERRAL TO MEDIATION
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2024-03-15
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ Appellant's Response to Appellee's Motion to Stay Appellate Proceedings
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2024-03-05
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time
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| Description |
Stipulation for Extension of Time
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2024-03-05
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| Type |
Order
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| Subtype |
Order
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| Description |
Second Mediation Order ~ Pursuant to the Order of this court dated January 9, 2024, all parties were required to file mediation forms with this Court within 10 days of the date of that Order. At this time, the Appellant’s Mediation Questionnaire has not yet been received. Within 5 days from the date of this order, upload the required form via the Statewide Florida Courts E-Filing Portal so that this case may timely proceed. Failure to timely comply may result in the imposition of sanctions.
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| Docket Date |
2024-03-05
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
Motion To Stay ~ APPELLEE'S MOTION TO STAY APPELLATE PROCEEDINGS
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| On Behalf Of |
CITY OF NAPLES
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| Docket Date |
2024-01-31
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time
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| Description |
Stipulation for Extension of Time ~ 30- IB DUE 03/07/24// 30 - IB DUE 3/07/2024.
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2024-01-18
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| Type |
Mediation
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| Subtype |
Mediation Questionnaire
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| Description |
Mediation Questionnaire ~ **LOCATED IN iDCA CONFIDENTIAL**
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| On Behalf Of |
CITY OF NAPLES
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| Docket Date |
2024-01-12
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| Type |
Mediation
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| Subtype |
Confidential Statement
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| Description |
Confidential Statement ~ **LOCATED IN iDCA CONFIDENTIAL**
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2024-01-12
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| Type |
Notice
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| Subtype |
Notice of Confidential Information within Court Filing
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| Description |
Notice of Confidential Information Within Court Filing
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2024-01-09
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| Type |
Mediation
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| Subtype |
Notice of Case under Consideration for Mediation
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| Description |
Case Under Consideration for Mediation Notice ~ This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. If mediation is ordered, the time for preparing the record will not begin to run until the mediation process is complete.If you have questions regarding this Court’s appellate mediation program, you may view the Court's website, https://6dca.flcourts.gov/, under the "Mediation" tab for further information. If you have any questions regarding the Court’s mediation program, you may contact the mediation coordinator at (863) 940-6041.
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| Docket Date |
2024-01-09
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ REDACTED/BRODIE - 720 PAGES
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| On Behalf Of |
Collier Clerk
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|
| Docket Date |
2024-01-03
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ Appellee's Notice of Designation of E-Mail Addresses Pursuant To Rule 2.516 of The Florida Rules of Judicial Administration
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| On Behalf Of |
CITY OF NAPLES
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| Docket Date |
2024-01-02
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ Appellant's Notice of Filing Payment Confirmation re: Filing Fee
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| On Behalf Of |
GENNA BRUGAL
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|
| Docket Date |
2024-01-02
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ Appellant's Notice of Designation of E-Mail Addresses Pursuant ToRule 2.516 of The Florida Rules of Judicial Administration
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2023-12-29
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty
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|
| Docket Date |
2023-12-29
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2023-11-30
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ WITH ORDER
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2023-11-30
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2024-12-17
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
Appellant's motion for extension of time to serve reply brief is granted to the extent that the reply brief is accepted as filed.
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| View |
View File
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| Docket Date |
2024-12-11
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2024-12-11
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief
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| On Behalf Of |
GENNA BRUGAL
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| View |
View File
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| Docket Date |
2024-12-03
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Appellant's Unopposed Motion to Extend by One Week
the Time to File the Reply Brief
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| On Behalf Of |
GENNA BRUGAL
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| Docket Date |
2024-10-17
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Florida Rule of Appellate Procedure 9.045 requires the use of Arial 14-point font or Bookman Old Style 14-point font, and it requires a certificate of compliance to indicate that the document complies with the font and applicable word count limits specified in the appellate rules. Appellee's answer brief does not contain a certificate of compliance with the word count requirements in the appellate rules.
Appellee shall file an amended brief within ten days from the date of this order.
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| View |
View File
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| Docket Date |
2024-08-02
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
The initial brief does not comply with the additional briefing requirements of this court as set forth in the Sixth District Court of Appeal Administrative Order 24-01. Specifically: 1) The initial brief does not contain a statement as to each issue presented, where in the record on appeal the issue was raised and ruled on; and 2) The initial brief does not contain a statement of the basis for jurisdiction in this Court, including the basis for claiming that the judgment or order appealed from is final. Appellant shall file a corrected brief within ten days from the date of this order. A compliant brief would include entries in the table of contents entitled "Statement of Jurisdiction" and "Statement of Preservation" that indicate sections in the initial brief where this information appears. AO 24-01 can be accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders.
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| View |
View File
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| Docket Date |
2024-03-15
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| Type |
Order
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| Subtype |
Order of Referral to Mediation
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| Description |
Order of Referral to Mediation ~ The foregoing case, having been reviewed by the Court, is hereby referred to Appellate Mediation. All appellate deadlines, including for preparing the record and filing briefs, will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete.Within 10 days from the date of this Order, Appellant(s) must complete and file with this Court the Response to Order of Referral to Mediation, which is available on this Court’s website, https://6dca.flcourts.gov. If the parties agree on a Florida Supreme Court Certified mediator, the Court will enter an order appointing that mediator for this case. If the parties are not able to agree on a mediator, the Court will appoint a mediator from the Supreme Court list of approved mediators. A mediator need not be certified as an appellate mediator to be appointed.
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| Docket Date |
2024-01-09
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| Type |
Order
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| Subtype |
Mediation Order to Counsel
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| Description |
Initial Mediation Order ~ This case is being reviewed by the Court to determine whether it is appropriate for appellate mediation. Parties must visit the Court’s website, https://6dca.flcourts.gov, to find the Mediation Questions & Answers, Mediation Questionnaire, and Confidential Statement Regarding Appropriateness of Appellate Mediation that must be completed and filed with the Court.Within 10 days from the date of this order, the Mediation Questionnaire and the Confidential Statement Regarding Appropriateness of Appellate Mediation must be e-filed through the Statewide Florida Courts E Filing Portal. BE ADVISED THAT OPPOSING COUNSEL SHOULD NOT BE SERVED COPIES OF THE CONFIDENTIAL STATEMENT REGARDING APPROPRIATENESS OF APPELLATE MEDIATION. When filing the Confidential Statement through the Statewide Florida Courts E-Filing Portal, DO NOT CHECK “SERVE ALL.” FAILURE TO ENSURE ALL BOXES FOR E SERVICE ARE UNCHECKED WILL RESULT IN PARTIES BEING SERVED AND WAIVER OF CONFIDENTIALITY.
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ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC. VS CITY OF NAPLES
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6D2023-0549
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2022-06-20
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2019-CA-004975
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Parties
| Name |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
DOUGLAS P. MANSON, ESQ., Laura E. Olympio, Esq., BRIAN J. ACCARDO, ESQ., CARLYN H. KOWALSKY, ESQ., BRIAN A. BOLVES, ESQ., DANIEL J. GERBER, ESQ.
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|
| Name |
CITY OF NAPLES LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
GRETCHEN R. H. VOSE, ESQ., Paul Waters, Esq., RALF G. BROOKES, ESQ., NANCY A. STUPARICH, ESQ.
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|
| Name |
ADAM JONES, INC.
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| Role |
Amicus - Petitioner
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| Status |
Active
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|
| Name |
HON. ELIZABETH V. KRIER
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
CRYSTAL K. KINZEL, CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
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Docket Entries
| Docket Date |
2023-10-06
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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|
| Docket Date |
2023-10-06
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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|
| Docket Date |
2023-09-12
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2023-09-05
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| Type |
Misc. Events
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| Subtype |
Oral Argument Date Set
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| Description |
Oral Argument Date Set ~ 6DCA
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|
| Docket Date |
2023-07-24
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT ~ This is to advise you that Oral Arguments are currently scheduled before Judges Carrie Ann Wozniak, Joshua A. Mize, and Paetra T. Brownlee.
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|
| Docket Date |
2023-07-12
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| Type |
Notice
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| Subtype |
Notice of Oral Argument
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| Description |
NOTICE OF ORAL ARGUMENT ~ The Court has set the above cause for oral argument on September 5, 2023, at 10:00 a.m., at the Orange County Courthouse, 425 North Orange Ave, Courtroom 4D, Orlando, FL, 32801Oral arguments are currently scheduled before judges Carrie Ann Wozniak and Joshua A. Mize, and Associate Senior Judge Richard B. Orfinger, although the panel composition and the time for the argument are subject to change without notice. The Oral Argument Schedule may be viewed on this Court's website, https://6dca.flcourts.gov. Whenever changes are made, the Oral Argument Schedule is amended to reflect the change. Therefore, you are advised to check the court’s website for the most current information.
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| Docket Date |
2023-03-22
|
| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ Request for Oral Argument
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| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2023-03-15
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| Type |
Brief
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| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2023-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee’s motion for extension of time to file answer brief is granted to the extent that the answer brief is accepted as filed.
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|
| Docket Date |
2023-02-13
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ APPELLEE'S ANSWER BRIEF AND RESPONSE TO AMICUS CURIAE BRIEF
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2023-02-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ MOTION FOR EXTENSION OFTIME TO FILE RESPONSES UPON RECEIPT OF COMPLETE RECORD FROM THE CLERK OF THE LOWER COURT
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2023-02-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ REDACTED/KRIER - 3378 PAGES
|
| On Behalf Of |
CRYSTAL K. KINZEL, CLERK
|
|
| Docket Date |
2023-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Amicus Curiae Brief
|
| Description |
ORD-PERMITTING AMICUS C. BRIEF ~ Massey Services, Inc.'s Second Amended Motion for Leave to Appear as Amicus Curiae in Support of Appellant is granted, and the submitted brief is accepted. Appellees may serve a responsive brief within thirty days from the date of this order.
|
|
| Docket Date |
2023-01-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ **Treated as a motion to supplement the ROA-SEE 02/03/23 order**MOTION FOR STIPULATED EXTENSION OF TIME FOR PREPARATION OF THE RECORD
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-21
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ CITY OF NAPLES' OBJECTION TO MASSEY SERVICES, INC.'S AMENDED MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORT OF APPELLANT ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
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| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2022-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2022-12-16
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curi. Brief ~ MASSEY SERVICES, INC.'S SECOND AMENDED MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORT OF APPELLANT ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-12-16
|
| Type |
Brief
|
| Subtype |
Amicus Curiae Brief
|
| Description |
Amicus Curiae Brief
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2022-12-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2022-12-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ As nonlawyers cannot represent corporations, see Punta Gorda Pines Dev., Inc. v. Slack Excavating, Inc., 468 So. 2d 438, 438 (Fla. 2d DCA 1985), the motion for leave to appear as amicus curiae and amicus brief filed by Adam Jones on behalf of Massey Services, Inc., are stricken. This order is without prejudice to Massey Services, Inc., to file an amended motion through counsel within ten days of the date of this order.
|
|
| Docket Date |
2022-11-30
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curi. Brief ~ Motion for Leave to Appear as Amicus Curiae in Support of Appellant
|
| On Behalf Of |
ADAM JONES
|
|
| Docket Date |
2022-11-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED SECOND EXTENSION OF TIME TO FILE INITIAL BRIEF//67 - IB DUE 11/22/22 (LAST REQUEST)
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE BRIEF//23- IB DUE 9/16/22
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-07-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KRIER - 799 PAGES
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's June 20, 2022, order to show cause is hereby discharged.
|
|
| Docket Date |
2022-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING FINAL JUDGMENT
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-06-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2022-06-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-06-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC. VS CITY OF NAPLES
|
2D2022-1970
|
2022-06-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2019-CA-004975
|
Parties
| Name |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DANIEL J. GERBER, ESQ., BRIAN A. BOLVES, ESQ., DOUGLAS P. MANSON, ESQ., BRIAN J. ACCARDO, ESQ., CARLYN H. KOWALSKY, ESQ., Laura E. Olympio, Esq.
|
|
| Name |
CITY OF NAPLES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GRETCHEN R. H. VOSE, ESQ., Paul Waters, Esq., RALF G. BROOKES, ESQ., NANCY A. STUPARICH, ESQ.
|
|
| Name |
ADAM JONES, INC.
|
| Role |
Amicus - Petitioner
|
| Status |
Active
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ Transferred by 6DCA.
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-21
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ CITY OF NAPLES' OBJECTION TO MASSEY SERVICES, INC.'S AMENDED MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORT OF APPELLANT ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2022-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2022-12-16
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curi. Brief ~ MASSEY SERVICES, INC.'S AMENDED MOTION FOR LEAVE TO APPEAR AS AMICUS CURIAE IN SUPPORT OF APPELLANT ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-12-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 1/20/23
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2022-12-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ As nonlawyers cannot represent corporations, see Punta Gorda Pines Dev., Inc. v. Slack Excavating, Inc., 468 So. 2d 438, 438 (Fla. 2d DCA 1985), the motion for leave to appear as amicus curiae and amicus brief filed by Adam Jones on behalf of Massey Services, Inc., are stricken. This order is without prejudice to Massey Services, Inc., to file an amended motion through counsel within ten days of the date of this order.
|
|
| Docket Date |
2022-11-30
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to File Amicus Curiae Brief
|
| Description |
Motion To File Amicus Curi. Brief ~ Motion for Leave to Appear as Amicus Curiae in Support of Appellant
|
| On Behalf Of |
ADAM JONES
|
|
| Docket Date |
2022-11-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED SECOND EXTENSION OF TIME TO FILE INITIAL BRIEF//67 - IB DUE 11/22/22 (LAST REQUEST)
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE BRIEF//23- IB DUE 9/16/22
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-07-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KRIER - 799 PAGES
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's June 20, 2022, order to show cause is hereby discharged.
|
|
| Docket Date |
2022-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING FINAL JUDGMENT
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-06-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2022-06-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
| Docket Date |
2022-06-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ENVIRONMENTAL RESEARCH & EDUCATION FOUNDATION, INC.
|
|
|
|
HARRY E. CRISWELL, I I I, ET AL VS CITY OF NAPLES
|
2D2019-3314
|
2019-08-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
17-CA-977-01
|
Parties
| Name |
LAURA B. CRISWELL
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITY OF NAPLES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROBERT D. PRITT, ESQ., CHRISTOPHER D. DONOVAN, ESQ., JAMES D. FOX, ESQ.
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HARRY E. CRISWELL, I I I
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARTIN F. KLINGENBERG, ESQ., DAVID P. FRASER, ESQ.
|
|
| Name |
HON. LAUREN L. BRODIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2021-01-25
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellee’s “motion to reply to Criswells’ rehearing response or amend the City’s January 7th motion” is denied.
|
|
| Docket Date |
2021-01-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO REPLY TO CRISWELLS' REHEARING RESPONSE OR AMEND THE CITY'S JANUARY 7TH MOTION
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2021-01-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO MOTION FOR REHEARING, REHEARING EN BANC, A WRITTEN OPINION AND CERTIFICATION OF CONFLICT ANDQUESTION OF GREAT PUBLIC IMPORTANCE
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2021-01-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ WRITTEN OPINION, OR CERTIFICATION
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2020-12-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-12-09
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ APPELLANTS' NOTICE OF SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2020-09-09
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant Reply Brief
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2020-08-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - CROSS-REPLY BRIEF DUE 9/28/20
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2020-07-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief ~ APPELLANTS' REPLY AND CROSS-ANSWER BRIEF
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2020-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 20 - Reply to Appellee's Answer and Cross-Initial Brief DUE 7/29/20
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2020-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - Reply to Appellee's Answer and Cross-Initial Brief DUE 7/9/20
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2020-05-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2020-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 28 - Answer Brief and Cross-Initial Brief DUE 5/20/20
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2020-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - Answer Brief and Cross-Initial brief DUE 4/22/20
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2020-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 32 - Answer Brief and Cross-Initial brief DUE 3/23/20
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2020-01-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2020-01-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2020-01-21
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2020-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 14 - IB DUE 1/20/20
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2019-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 1/6/20
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2019-11-01
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 137 PAGES
|
|
| Docket Date |
2019-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 12/6/19
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2019-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ DESIGNATION TO APPROVED COURT REPORTER, CIVIL COURT REPORTER, OR APPROVED TRANSCRIPTIONIST, AND REPORTER'S OR APPROVED TRANSCRIPTIONIST'S ACKNOWLEDGMENT
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2019-09-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ DESIGNATION TO APPROVED COURT REPORTER, CIVIL COURT REPORTER, OR APPROVED TRANSCRIPTIONIST, AND REPORTER'S OR APPROVED TRANSCRIPTIONIST'S ACKNOWLEDGMENT
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2019-09-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
$295 fee ~ Appellee has filed a notice of cross-appeal. The party submitting this document shall remit the filing fee of $295, or an order or certificate of insolvency from the lower tribunal, within fifteen days or the submission will be stricken. § 35.22(2)(b), Fla. Stat. (2018).
|
|
| Docket Date |
2019-09-25
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
Cross Notice Filing Fee Paid through Portal
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2019-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2019-09-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BRODIE - 1613 PAGES
|
|
| Docket Date |
2019-09-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2019-08-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-08-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-08-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
HARRY E. CRISWELL, I I I
|
|
| Docket Date |
2019-08-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-12
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, DECEMBER 09, 2020, at 11:00 A.M., before: Judge Stevan T. Northcutt, Judge Daniel H. Sleet, Judge Matthew C. Lucas. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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CITY OF NAPLES, CHRISTOPHER S. CLISSOLD, STEVEN KOFSKY, MIKE MOORE AND ADAM P. NADELMAN VS STEPHEN MC INERNY, ET AL
|
2D2019-2087
|
2019-06-03
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2017-CA-001840-0001-XX
|
Parties
| Name |
CITY OF NAPLES LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JAMES D. FOX, ESQ., CHRISTOPHER D. DONOVAN, ESQ.
|
|
| Name |
MIKE MOORE CO., LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STEPHEN MC INERNY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL C. SHUE, ESQ., RICHARD SIWICA, ESQ., KEVIN W. CREWS, ESQ., PETER HUY, ESQ., NICHOLAS WOLFMEYER, ESQ.
|
|
| Name |
PROFESSIONAL FIREFIGHTERS OF NAPLES IAFF LOCAL 2174
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL ZUNZUNEGUI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SAMUEL J. SAAD, I I I
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARVIN L. EASTON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHAEL D. NICHOLS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GERALD A. PECAR
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEAN S. HOMAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PETER DIMARIA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
CHRISTOPHER CLISSOLD
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STEVEN KOFSKY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADAM P. NADELMAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COREY J. ADAMSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-06-19
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPELLANTS' APPENDIX TO SHOW-CAUSE ORDER
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2019-06-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO SHOW-CAUSE ORDER
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2019-06-18
|
| 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 |
CITY OF NAPLES
|
|
| Docket Date |
2019-06-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2019-11-04
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2019-10-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Villanti, LaRose, and Smith
|
|
| Docket Date |
2019-10-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal - Lack of Jurisdiction ~ Having reviewed the appellants' response to this court's order to show cause, the court dismisses this appeal for want of jurisdiction under either Florida Rule of Appellate Procedure 9.130(a)(3)(C)(x), (xi) or rule 9.100.
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|
| Docket Date |
2019-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the appellee filed by Attorney Peter Huy is granted. Attorney Huy and the Kramer Huy P.A. firm shall have no further responsibilities in this appeal. The appellee, Stephen Mc Inerny, shall proceed pro se, without prejudice to retaining new counsel. Stephen Mc Inerny shall reply, pro se or by counsel, to the appellants' response to this court's order to show cause within 30 days of the date of this order.
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| Docket Date |
2019-06-25
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
STEPHEN MC INERNY
|
|
| Docket Date |
2019-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER ON DEFENDANT'S MOTION TO DISMISS
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2019-06-03
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2019-06-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2019-06-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-06-04
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC nonfinal, nonappealable civil ~ The order on appeal states in part that the motion to dismiss counts 2-5 is denied "because there are issues of material fact" regarding immunity. Appellants shall show cause within fifteen days why this appeal should not be dismissed as from a nonfinal, nonappealable order.
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JOAN FIORE VS CITY OF NAPLES AND 465 BUILDING, LLC
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2D2017-1305
|
2017-03-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
16-CA-408
|
Parties
| Name |
JOAN FIORE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANTHONY P. PIRES, JR., ESQ.
|
|
| Name |
465 BUILDING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CITY OF NAPLES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CLAY C. BROOKER, ESQ., ROBERT D. PRITT, ESQ., EDWARD K. CHEFFY, ESQ., JAMES D. FOX, ESQ., CHRISTOPHER D. DONOVAN, ESQ.
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2018-02-28
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Bradenton
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|
| Docket Date |
2017-12-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JOAN FIORE
|
|
| Docket Date |
2017-12-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JOAN FIORE
|
|
| Docket Date |
2017-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 07- RB DUE 12/08/17
|
| On Behalf Of |
JOAN FIORE
|
|
| Docket Date |
2017-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15- RB DUE 12/01/17
|
| On Behalf Of |
JOAN FIORE
|
|
| Docket Date |
2017-10-26
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2017-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ joins in Appellee 465 Building, LLC's answer brief on the grounds stated therein and adopts them as the City's arguments in favor of affirming the trial court's summary judgment
|
| On Behalf Of |
CITY OF NAPLES
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|
| Docket Date |
2017-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee City of Naples's motion for extension of time is granted to the extent that the answer brief(s) of the appellees shall be served within 30 days of the date of this order. The appellant's objection is noted.
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| Docket Date |
2017-09-21
|
| 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 |
CITY OF NAPLES
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|
| Docket Date |
2017-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ JOINDER IN MOTION FOR EXTENSION
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| On Behalf Of |
CITY OF NAPLES
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|
| Docket Date |
2017-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 17- AB DUE 09/22/17
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2017-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the Appellants filed by Attorney Raymond L. Bass, Jr., is granted. Attorney Bass & The Bass Law Office are relieved of further appellate responsibilities. Attorney Anthony P. Pires remains counsel of record for the Appellants.
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| Docket Date |
2017-08-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF NO OBJECTION TO MOTION TO WITHDRAW
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2017-08-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JOAN FIORE
|
|
| Docket Date |
2017-08-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
JOAN FIORE
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|
| Docket Date |
2017-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 21- IB DUE 08/11/17
|
| On Behalf Of |
JOAN FIORE
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|
| Docket Date |
2017-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 20-IB DUE 07/27/17
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| On Behalf Of |
JOAN FIORE
|
|
| Docket Date |
2017-06-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 78 PAGES
|
|
| Docket Date |
2017-06-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY - JULY 13, 2017 - JULY 14, 2017
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| On Behalf Of |
JOAN FIORE
|
|
| Docket Date |
2017-06-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF WITHDRAWAL OF EXTENSION NOTICE
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2017-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ ***WITHDRAWN***SEE NOTICE FILED 06/15/17
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| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2017-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-IB DUE ON 07/07/17
|
| On Behalf Of |
JOAN FIORE
|
|
| Docket Date |
2017-05-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY - May 25, 2017 through June 8, 2017
|
| On Behalf Of |
JOAN FIORE
|
|
| Docket Date |
2017-05-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SHENKO - REDACTED - 1181 PAGES
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|
| Docket Date |
2017-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2017-04-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2017-03-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
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|
| Docket Date |
2017-03-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JOAN FIORE
|
|
| Docket Date |
2017-03-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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MELLONY P. TRACEY AND ROBERT E. DAY VS CITY OF NAPLES, ET AL
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2D2016-0509
|
2016-02-08
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Closed
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|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2015-CA-001289-0001-XX
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Parties
| Name |
ROBERT E. DAY CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MELLONY P. TRACEY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
STEVEN A. RAMUNNI, ESQ.
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|
| Name |
CITY OF NAPLES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
IAN A. NORTHON, ESQ., CHRISTOPHER D. DONOVAN, ESQ.
|
|
| Name |
WILLIAM DAY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IN RE: FORFEITURE OF 1016 ROYAL PALM DR. NAPLES, FL 34102
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2017-01-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2017-01-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-01-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
MELLONY P. TRACEY
|
|
| Docket Date |
2016-10-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ DEFENDANT, CITY OF NAPLES, FLORIDA'S NOTICE OF ATTENDANCE AT MEDIATION AND CERTIFICATE OF AUTHORITY
|
| On Behalf Of |
City of Naples
|
|
| Docket Date |
2016-09-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The joint motion for extension of court-ordered deadlines regarding mediation is granted. The mediation conference shall commence on November 7, 2016, and shall conclude within thirty days thereafter. Within 10 days after the parties' settlement is reduced to writing and signed by the parties, or, alternatively, within 10 days after it has become apparent that no settlement will be reached, the mediator shall file a report in this court, see Fla. R. App. P. 9.740. The mediator shall report only whether an agreement or an impasse has been reached and shall not advise this court of the terms of any agreement resulting from mediation. This proceeding shall be otherwise stayed for 90 days, at the conclusion of which the parties shall file status reports.
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| Docket Date |
2016-09-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ JOINT MOTION FOR EXTENSION OF COURT ORDERED DEADLINES The joint motion for extension of court-ordered deadlines regarding mediation is granted. The mediation conference shall commence on November 7, 2016, and shall conclude within thirty days thereafter. Within 10 days after the parties' settlement is reduced to writing and signed by the parties, or, alternatively, within 10 days after it has become apparent that no settlement will be reached, the mediator shall file a report in this court, see Fla. R. App. P. 9.740. The mediator shall report only whether an agreement or an impasse has been reached and shall not advise this court of the terms of any agreement resulting from mediation. This proceeding shall be otherwise stayed for 90 days, at the conclusion of which the parties shall file status reports.
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| On Behalf Of |
MELLONY P. TRACEY
|
|
| Docket Date |
2016-09-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF MEDIATION - noted - cm
|
| On Behalf Of |
City of Naples
|
|
| Docket Date |
2016-09-19
|
| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
referral to mediation
|
|
| Docket Date |
2016-09-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ STIPULATED MOTION TO REFER TO APPELLATE MEDIATION
|
| On Behalf Of |
City of Naples
|
|
| Docket Date |
2016-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ The appellee's motion for extension of time is granted. The answer brief shall be served within 30 days of this order.To the extent that the parties are in settlement discussions, future requests for an extension may take the form of a motion to hold the appeal in abeyance, which the court will consider granting for a limited period of time.
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|
| Docket Date |
2016-08-04
|
| 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 |
City of Naples
|
|
| Docket Date |
2016-07-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF
|
|
| Docket Date |
2016-06-30
|
| 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 |
City of Naples
|
|
| Docket Date |
2016-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF
|
|
| Docket Date |
2016-06-06
|
| 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 |
City of Naples
|
|
| Docket Date |
2016-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
City of Naples
|
|
| Docket Date |
2016-05-16
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief ~ PART 2
|
| On Behalf Of |
MELLONY P. TRACEY
|
|
| Docket Date |
2016-05-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
MELLONY P. TRACEY
|
|
| Docket Date |
2016-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
| Docket Date |
2016-04-15
|
| 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 |
MELLONY P. TRACEY
|
|
| Docket Date |
2016-03-18
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's order to show cause is discharged. This appeal shall be reviewed pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). See In re Forty-Seven Video Redemption Games, 799 So. 2d 221 (Fla. 2d DCA 2001).
|
|
| Docket Date |
2016-03-15
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ CITY OF NAPLES (APPELLEE'S) REPLY TO THIS COURT'S ORDER FOR MELLONY TRACEY AND ROBERT DAY (APPELLANTS) TO SHOW CAUSE
|
| On Behalf Of |
City of Naples
|
|
| Docket Date |
2016-03-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO APPELLEE'S REPLY TO COURT'S ORDER TO SHOW CAUSE
|
| On Behalf Of |
City of Naples
|
|
| Docket Date |
2016-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPEALANTS, MELLONY P. TRACEY 's and ROBERT DAY's, RESPONSE TO ORDER TO SHOW CAUSE, or, IN THE ALTERNATIVE, TO EXTEND TIME FOR FILING A PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
MELLONY P. TRACEY
|
|
| Docket Date |
2016-02-16
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC nonfinal, nonappealable civil ~ MBK-The notice of appeal refers to, and attaches, an order denying a motion to dismiss. Generally, an order denying a motion to dismiss is not ab appealable nonfinal order. [u]See[u] [u]Morton & Oxley, Ltd. V. Charles S. Eby, M.D., P.A.[u], 916 So. 2d 820, 821 (Fla. 2d DCA 2005). The notice of appeal also refers to an order finding probable cause, but this order is not attached. Appellant shall attach to the response a copy of the order finding probable cause so that this court may properly determine its jurisdiction. If Appellant determines that the orders are not appealable nonfinal orders but are appropriate for certiorari review, a petition for certiorari may be filed in lieu of a response.
|
|
| Docket Date |
2016-02-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2016-02-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-02-08
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2016-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MELLONY P. TRACEY
|
|
| Docket Date |
2016-02-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
KELLY M. IANTOSCA & CARLO IANTOSCA VS CITY OF NAPLES
|
2D2014-2578
|
2014-05-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2013-CA-000280-0001
|
Parties
| Name |
KELLY IANTOSCA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ADAM S. LEVINE, M. D., J. D.
|
|
| Name |
CARLO IANTOSCA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITY OF NAPLES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHRISTOPHER D. DONOVAN, ESQ., BRIAN DOMINGUEZ, ESQ.
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-09-02
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ SET VIA AUTO RECORD RETURN APPLICATION
|
|
| Docket Date |
2015-04-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-03-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-03-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDER GRANTING APPELLEE'S FEES ~ Appellee's motion for appellate attorney's fees pursuant to section 57.105, Florida Statutes, is granted in an amount to be determined by the trial court.
|
|
| Docket Date |
2015-02-24
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2014-11-18
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for Sanctions ~ DEFENDANT, JOYCE O'GREEN'S MOTION FOR SANCTIONS AGAINST PLAINTIFFS PURSUANT TO § 57.105, FLA. STAT.
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2014-11-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief ~ (WORD)
|
| On Behalf Of |
KELLY IANTOSCA
|
|
| Docket Date |
2014-11-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Adam S. Levine, M. D., J. D. 78288
|
| On Behalf Of |
KELLY IANTOSCA
|
|
| Docket Date |
2014-11-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANTS' NOTICE OF UNAVAILABILITY
|
| On Behalf Of |
KELLY IANTOSCA
|
|
| Docket Date |
2014-10-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ (WORD) APPELLEE CITY OF NAPLES' ANSWER BRIEF
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2014-10-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ AE/Attorney Dominguez's motion/jt
|
|
| Docket Date |
2014-10-01
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
|
| Docket Date |
2014-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ AB DUE
|
|
| Docket Date |
2014-09-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ JOYCE O'GREEN'S
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2014-09-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2014-09-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ (WORD)
|
| On Behalf Of |
KELLY IANTOSCA
|
|
| Docket Date |
2014-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-REINSTATEMENT
|
|
| Docket Date |
2014-08-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE, JOYCE O'GREEN'S RESPONSE IN OPPOSITION TO MOTION TO REINSTATE CASE
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2014-08-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO MOTION TO REINSTATE CASE
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2014-08-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
KELLY IANTOSCA
|
|
| Docket Date |
2014-08-01
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2014-07-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FTP RECORD HAYES
|
|
| Docket Date |
2014-07-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ LaRose, Morris, and Black
|
|
| Docket Date |
2014-07-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss/no fee/order of insolvency
|
|
| Docket Date |
2014-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2014-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITY OF NAPLES
|
|
| Docket Date |
2014-06-04
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses
|
|
| Docket Date |
2014-05-28
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
COLLIER CLERK
|
|
| Docket Date |
2014-05-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2014-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KELLY IANTOSCA
|
|
|
