| Docket Date |
2020-03-04
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellants shall respond, within twenty (20) days from the date of this order, to appellee's argument that the hold harmless provision of the underlying agreement effectively nullifies appellants' right to recover fees for this appeal. The response shall be limited to five (5) pages.
|
|
| Docket Date |
2020-03-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
9999-09-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL FOR JEFF KAHN **10/15/19 RETURNED MAIL FOR JEFF KAHN ***
|
|
| Docket Date |
2020-07-31
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-07-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellant Howard & Associates, Attorneys at Law, P.A.'s July 11, 2019 motion for attorney's fees is granted conditioned on the trial court determining that appellant is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2020-03-30
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
PROVIDENCE CAPITAL HOLDINGS, LLC
|
|
| Docket Date |
2020-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
ORD-Granting Leave to File Reply ~ ORDERED that appellee’s March 25, 2020 motion for leave to file a reply is granted in part and denied in part. The motion is granted to the extent that appellee may file a reply within five (5) days of the date of this order; further, ORDERED that appellee's request to file a seven (7) page reply is denied. The reply shall be limited to five (5) pages; further,ORDERED that appellee’s March 27, 2020 notice of filing and proposed reply are stricken from the docket.
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|
| Docket Date |
2020-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ PROPOSED REPLY ***STRICKEN FROM THE DOCKET***
|
|
| Docket Date |
2020-03-25
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
PROVIDENCE CAPITAL HOLDINGS, LLC
|
|
| Docket Date |
2020-03-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2020-02-20
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's previous February 20, 2020 order is vacated as issued in error.
|
|
| Docket Date |
2020-02-19
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ OF INTERESTED PARTY J.B. HARRIS, ESQ. TO APPEAR PRO SE FOR THE LIMITED PURPOSE OF FILING A MOTION TO STAY THIS APPEAL PENDING THE OUTCOME OF LITIGATION AFFECTING THIS MATTER IN HARRIS COUNTY, TX
|
|
| Docket Date |
2020-02-11
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2020-02-11
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that the appellants’ February 10, 2020 motion to strike is denied as moot in light of this court's sua sponte order striking filings at issue.
|
|
| Docket Date |
2020-02-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2020-02-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the February 7, 2020 request for emergency treatment and February 7, 2020 notice of filing filed by J.B. Harris, Esquire are stricken as unauthorized.
|
|
| Docket Date |
2020-02-07
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
|
| Docket Date |
2020-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
|
| Docket Date |
2020-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
PROVIDENCE CAPITAL HOLDINGS, LLC
|
|
| Docket Date |
2020-01-15
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2020-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that the John P. Leonard, Esquire's January 8, 2020 verified motion for permission to appear pro hac vice is granted, and John P. Leonard, Esquire, is permitted to appear in this appeal as counsel for Howard and Associates Attorneys at Law, P.A. and Timothy Howard. John P. Leonard, Esquire, is advised that this court does not send paper documents to attorneys, and he or she shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order; further,ORDERED that John P. Leonard, Esquire, shall tender the $100.00 appearance fee required by section 35.22(2)(a), Florida Statutes (2016) 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.
|
|
| Docket Date |
2020-01-08
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
Grant Continuance of Oral Argument ~ ORDERED that the appellants’ December 23, 2019 motion for continuance of oral argument is granted. Oral argument scheduled for January 21, 2020 is cancelled and rescheduled for February 11, 2020 at 11:30 A.M.
|
|
| Docket Date |
2019-12-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO RESCHEDULE ORAL ARGUMENT
|
| On Behalf Of |
PROVIDENCE CAPITAL HOLDINGS, LLC
|
|
| Docket Date |
2019-12-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on January 21, 2020, at 10:30 A.M. for 15 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2019-08-16
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-08-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-07-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
PROVIDENCE CAPITAL HOLDINGS, LLC
|
|
| Docket Date |
2019-07-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PROVIDENCE CAPITAL HOLDINGS, LLC
|
|
| Docket Date |
2019-07-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
PROVIDENCE CAPITAL HOLDINGS, LLC
|
|
| Docket Date |
2019-07-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-07-02
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellants' appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-06-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-06-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN 7/1/19**
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' June 21, 2019 motion for extension of time is granted, and appellants shall serve the initial brief on or before June 28, 2019. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-06-21
|
| 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 |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-06-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-06-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-06-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
HOWARD AND ASSOCIATES ATTORNEYS AT LAW, P.A.
|
|
| Docket Date |
2019-06-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
