| Docket Date |
2024-10-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-10-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-10-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-10-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Dismiss
|
|
| Docket Date |
2024-10-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-10-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-09-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Indian River Clerk
|
|
| Docket Date |
2024-09-17
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are directed to show cause in writing, if any there be, on or before September 27, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-07-24
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
|
| Docket Date |
2024-07-22
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2023), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, Appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, Appellant shall file a copy of that order in this court. If Appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, Appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of Appellant to comply with this order will result in the dismissal of this appeal. **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
|
| Docket Date |
2024-12-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Cynthia Myers
|
| View |
View File
|
|
| Docket Date |
2024-12-10
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORDERED that appellee's December 5, 2024 motion to dismiss is denied. See Howard v. Baumer, 519 So. 2d 679, 680 (Fla. 1st DCA 1988) ("[W]e find that the motion to strike the initial brief and dismiss the appeal is an improper motion in that it raises substantive arguments which are more appropriately raised in the answer brief."). Appellee shall file her answer brief within fifteen (15) days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-12-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss Appellants' Amended Brief.
|
|
| Docket Date |
2024-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORDERED that appellee's October 16, 2024 motion to dismiss is denied as moot, but without prejudice, in light of this court's October 30, 2024 order. The court notes that appellants filed an amended initial brief on November 26, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
Gene Dejordy
|
| View |
View File
|
|
| Docket Date |
2024-10-30
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORDERED that, upon consideration of appellants' October 15, 2024 response, appellee's October 7, 2024 motion to dismiss is denied. See Lindsey v. King, 894 So. 2d 1058 (Fla. 1st DCA 2005) ("Public policy in Florida favors deciding controversies on their merits, even when an initial brief is untimely filed."). Appellants' motion for extension of time, contained within the response, is granted, and appellants shall shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellee's October 2, 2024 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order.
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| View |
View File
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