|
DAVID MILLER, as Co-Trustee, etc., Appellant(s) v. LEAH MARISSA MOORE, et al., Appellee(s)
|
4D2023-3119
|
2023-12-27
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CP006268XXXXNB
|
Parties
| Name |
DAVID MILLER LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Farina
|
|
| Name |
Barbara R. Nurenberg Declaration of Trust, u/a/d October 9, 2018
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Leah Marissa Moore
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
C. Cory Mauro
|
|
| Name |
A.D.M., a minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Samantha Schosberg Feuer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-04-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-08-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-07-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Order Dispensing with Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-04-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2024-04-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellee's Motion for Attorney's Fees
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2024-03-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Appellee's Motion for Appellate Attorneys' Fees and Opposition to Appellant's Motion for Appellate Attorneys' Fees
|
|
| Docket Date |
2024-03-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Leah Marissa Moore
|
|
| Docket Date |
2024-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Leah Marissa Moore's February 29, 2024 motion for extension of time is granted, and Appellee shall serve the consolidated answer brief on or before March 18, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-02-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORDERED that, upon consideration of the January 3, 2024 notice of related cases, the appellee's January 9, 2024 motion to consolidate is granted, and case numbers 4D2023-3119 and 4D2023-1402 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.170, and shall proceed under case number 4D2023-3119. The record on appeal for case number 4D2023-1402 shall constitute the record for the consolidated appeal, and the answer brief for this consolidated appeal shall be filed within thirty (30) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-01-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
UNOPPOSED MOTION TO CONSOLIDATE APPEALS AND FOR AMENDED BRIEFING SCHEDULE
|
|
| Docket Date |
2024-01-08
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2024-01-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellant's January 5, 2024 appendix 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 contains no bookmarks as required by 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.
|
| View |
View File
|
|
| Docket Date |
2024-01-05
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2024-01-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2024-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2024-01-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
David Miller
|
| View |
View File
|
|
| Docket Date |
2023-12-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-12-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellant's October 30, 2023, and April 8, 2024, motions for attorneys' fees are denied to the extent that they seek an award of fees under section 736.1005, Florida Statutes (2023). Further,
ORDERED that Appellee's March 22, 2024, motion for attorneys' fees is denied to the extent that it requests an assessment of fees against appellant's individually owned property. Further,
ORDERED that the parties' motions for attorneys' fees are granted, conditioned on the trial court determining the parties' respective fee entitlements, if any, under section 736.1004, Florida Statutes (2023), as a matter of equity. See Harrell v. Badger, 171 So. 3d 764, 770 (Fla. 5th DCA 2015). If the trial court determines that either party is entitled to attorneys' fees, it shall set the amount of 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 motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
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| View |
View File
|
|
| Docket Date |
2024-02-02
|
| Type |
Order
|
| Subtype |
Amended/Corrected Order
|
| Description |
ORDERED that this court's January 17, 2024 order is withdrawn and the following is substituted in its place:
ORDERED that, upon consideration of the January 3, 2024 notice of related cases, the appellee's January 9, 2024 motion to consolidate is granted, and case numbers 4D2023-3119 and 4D2023-1402 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.170, and shall proceed under case number 4D2023-1402. The record on appeal for case number 4D2023-1402 shall constitute the record for the consolidated appeal, and the answer brief for this consolidated appeal shall be filed within thirty (30) days from the date of this order.
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| View |
View File
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|
|
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DAVID MILLER, as Co-Trustee of the Amendment, etc., Appellant(s) v. LEAH MARISSA MOORE, individually, as Co-Trustee, etc., et al., Appellee(s).
|
4D2023-1402
|
2023-06-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CP006268
|
Parties
| Name |
Barbara R. Nurenberg Declaration of Trust, u/a/d October 9, 2018
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAVID MILLER LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Adam Sabocik, John Farina
|
|
| Name |
Leah Marissa Moore
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
C. Cory Mauro
|
|
| Name |
A.D.M., a minor
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Laura Johnson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-07-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed
|
| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Order Dispensing with Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-04-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2024-04-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellee's Motion for Attorney's Fees
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2024-04-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-04-08
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-03-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Appellee's Motion for Appellate Attorneys' Fees and Opposition to Appellant's Motion for Appellate Attorneys' Fees
|
|
| Docket Date |
2024-03-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Leah Marissa Moore
|
|
| Docket Date |
2024-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Leah Marissa Moore's February 29, 2024 motion for extension of time is granted, and Appellee shall serve the consolidated answer brief on or before March 18, 2024. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-02-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-02-02
|
| Type |
Order
|
| Subtype |
Amended/Corrected Order
|
| Description |
ORDERED that this court's January 17, 2024 order is withdrawn and the following is substituted in its place:
ORDERED that, upon consideration of the January 3, 2024 notice of related cases, the appellee's January 9, 2024 motion to consolidate is granted, and case numbers 4D2023-3119 and 4D2023-1402 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.170, and shall proceed under case number 4D2023-1402. The record on appeal for case number 4D2023-1402 shall constitute the record for the consolidated appeal, and the answer brief for this consolidated appeal shall be filed within thirty (30) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORDERED that, upon consideration of the January 3, 2024 notice of related cases, the appellee's January 9, 2024 motion to consolidate is granted, and case numbers 4D2023-3119 and 4D2023-1402 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.170, and shall proceed under case number 4D2023-3119. The record on appeal for case number 4D2023-1402 shall constitute the record for the consolidated appeal, and the answer brief for this consolidated appeal shall be filed within thirty (30) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-01-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
UNOPPOSED MOTION TO CONSOLIDATE APPEALS AND FOR AMENDED BRIEFING SCHEDULE
|
|
| Docket Date |
2023-11-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
60 Days to 01/22/2024
|
|
| Docket Date |
2023-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
| On Behalf Of |
Leah Marissa Moore
|
|
| Docket Date |
2023-11-07
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
ORDERED that appellee's October 31, 2023 motion for leave to file a reply is granted, and the reply brief is deemed filed. Further, ORDERED that, upon consideration of appellant's October 26, 2023 response and appellee's October 31, 2023 reply, appellee's October 24, 2023 motion to dismiss is denied. Fla. R. App. P. 9.170(b).
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| View |
View File
|
|
| Docket Date |
2023-10-31
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply in Support of Motion to Dismiss
|
|
| Docket Date |
2023-10-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion for Leave to File Reply
|
|
| Docket Date |
2023-10-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2023-10-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Motion to Dismiss
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2023-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2023-10-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2023-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 8, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 16, 2023. 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 |
2023-08-08
|
| 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 |
David Miller
|
|
| Docket Date |
2023-07-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 861 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-06-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2023-06-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
David Miller
|
|
| Docket Date |
2023-06-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-08-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellant's October 30, 2023, and April 8, 2024, motions for attorneys' fees are denied to the extent that they seek an award of fees under section 736.1005, Florida Statutes (2023). Further,
ORDERED that Appellee's March 22, 2024, motion for attorneys' fees is denied to the extent that it requests an assessment of fees against appellant's individually owned property. Further,
ORDERED that the parties' motions for attorneys' fees are granted, conditioned on the trial court determining the parties' respective fee entitlements, if any, under section 736.1004, Florida Statutes (2023), as a matter of equity. See Harrell v. Badger, 171 So. 3d 764, 770 (Fla. 5th DCA 2015). If the trial court determines that either party is entitled to attorneys' fees, it shall set the amount of 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 motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
| View |
View File
|
|
| Docket Date |
2023-06-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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|
DAVID MILLER VS STATE OF FLORIDA
|
4D2016-3771
|
2016-11-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
76004041CF10A
|
Parties
| Name |
DAVID MILLER LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Sarah Sandler, Jesse Woodson Isom, Public Defender-P.B., Tamara Curtis, Public Defender-Broward
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B., Cynthia L. Comras, Joseph David Coronato
|
|
| Name |
Hon. Elizabeth A. Scherer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-06-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-05-25
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ "RE STAY OF MANDATE"
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2018-05-25
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC17-1741 DENIED
|
|
| Docket Date |
2018-04-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2018-04-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days fromthe date of this order regarding the process of seeking discretionary review in the FloridaSupreme Court.
|
|
| Docket Date |
2018-03-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-01-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2018-01-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days from the date of this order regarding the process of seeking discretionary review in the Florida Supreme Court.
|
|
| Docket Date |
2017-12-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2017-12-07
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC17-1741
|
|
| Docket Date |
2017-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay Issuance of Mandate
|
| Description |
Grant Motion to Stay Issuance of Mandate ~ ORDERED that appellant's September 18, 2017 motion to stay mandate is granted. Appellant shall file a status report in sixty (60) days.
|
|
| Docket Date |
2017-09-29
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC17-1741
|
|
| Docket Date |
2017-09-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2017-09-25
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2017-09-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2017-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2017-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2017-06-20
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2017-06-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that appellant's June 1, 2017 motion for extension of time is granted and the time for filing a reply to the response is extended fifteen (15) days from the date of this order.
|
|
| Docket Date |
2017-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-06-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2017-05-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee's April 11, 2017 motion for extension of time is granted, and the time for filing a response is extended thirty (30) days from the date of this order; further,ORDERED that appellant may file a reply within twenty (20) days thereafter.
|
|
| Docket Date |
2017-04-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-03-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response-3.800 ~ ORDERED that appellee, the State of Florida, shall file a response within twenty (20) days and show cause why the trial court's order denying appellant's Florida Rule of Criminal Procedure 3.800(a) motion should not be reversed and remanded for further proceedings. See generally Kelsey v. State, 206 So. 3d 5 (Fla. 2016) and Michel v. State, 204 So. 3d 101 (Fla. 4th DCA 2016); further,ORDERED that appellant may reply within twenty (10) days of service of the response.
|
|
| Docket Date |
2017-02-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2017-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 3/10/17.
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2016-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 1/9/17.
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2016-11-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-11-10
|
| Type |
Misc. Events
|
| Subtype |
Designation of Public Defender
|
| Description |
Designation of Public Defender-P.B.
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2016-11-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2016-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAVID MILLER
|
|
| Docket Date |
2016-11-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Summary Record
|
|
|
|
ORTHOPEDIC SPECIALISTS VS ALLSTATE INSURANCE COMPANY
|
4D2014-0295
|
2014-01-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012SC003157XX
|
Parties
| Name |
DAVID MILLER LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ORTHOPEDIC SPECIALISTS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
WILLIAM FOMAN
|
|
| Name |
ALLSTATE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Douglas G. Brehm, Suzanne Y. Labrit
|
|
| Name |
9.160
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Ted Booras
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion ~ ***BY ORDER UPON MANDATE OF THE SUPREME COURT**
|
|
| Docket Date |
2017-05-04
|
| Type |
Order
|
| Subtype |
Order on Remand from Supreme Court Mandate
|
| Description |
Upon Mandate of the Supreme Court ~ ORDERED that appellee's April 28, 2017 motion for clarification is granted; further,ORDERED that the order entered on April 25, 2017, which remanded to the trial court for entry of an order vacating the final judgments and for further proceedings, is withdrawn as it was entered in error. It is further ORDERED, upon mandate of the Supreme Court of Florida issued April 20, 2017, which quashes the decision of this court filed August 19, 2015, that the above-styled consolidated cases are affirmed in accordance with the opinion of the Supreme Court of Florida filed January 26, 2017.
|
|
| Docket Date |
2017-04-25
|
| Type |
Order
|
| Subtype |
Order on Remand from Supreme Court Mandate
|
| Description |
Upon Mandate of the Supreme Court ~ ORDERED upon mandate of the Supreme Court of Florida issued April 20, 2017, which quashes the decision of this court filed August 19, 2015, these cases are remanded to the County Court of the Fifteenth Judicial Circuit, Palm Beach County, Florida, with directions to vacate the final judgments and for further proceedings, consistent with the opinion of the Supreme Court of Florida filed on January 26, 2017.
|
|
| Docket Date |
2017-04-20
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC15-2298
|
|
| Docket Date |
2017-03-27
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC15-2298 (DENYING MOTION FOR REHEARING)
|
|
| Docket Date |
2017-02-21
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC15-2298 (AMICUS CURIAE FLORIDA MEDICAL ASSOC.'S MOTION FOR REHEARING IS STRICKEN AS UNAUTHORIZED)
|
|
| Docket Date |
2017-01-27
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC15-2298
|
|
| Docket Date |
2016-03-31
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ GRANTING MOTION FOR LEAVE TO FILE AMICUS CURI. SC15-2298
|
|
| Docket Date |
2016-01-29
|
| Type |
Supreme Court
|
| Subtype |
Record Sent to Supreme Court
|
| Description |
4DCA record sent to Supreme Court ~ RECORD SENT TO SUPREME COURT BY OUR COMPUTER DEPARTMENT
|
|
| Docket Date |
2016-01-20
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC15-2298
|
|
| Docket Date |
2015-12-16
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC15-2298
|
|
| Docket Date |
2015-12-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2015-12-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-11-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellee's September 17, 2015 motion for rehearing and rehearing en banc is denied.
|
|
| Docket Date |
2015-11-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-10-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants' October 2, 2015 motion for extension of time is granted, and the time for filing a response to appellee's motion for rehearing and rehearing en banc is extended fifteen (15) days from the date of this order.
|
|
| Docket Date |
2015-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellee's September 1, 2015 unopposed motion for extension of time is granted and the time for filing a motion for rehearing, clarification and/or rehearing en banc is extended to and including September 18, 2015.
|
|
| Docket Date |
2015-08-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2015-04-14
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4th DCA
|
|
| Docket Date |
2015-04-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2014-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief
|
|
| Docket Date |
2014-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
|
| Docket Date |
2014-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
|
| Docket Date |
2014-04-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Accept Jurisdiction-9.160 ~ ORDERED that this court accepts jurisdiction of this case, pursuant to Florida Rule of Appellate Procedure 9.160. The parties shall proceed with the preparation of the record and briefing in accordance with rule 9.160(g) and (h); further,ORDERED that the proceedings in the trial court are stayed pending further order of this court; further, ORDERED that appellant's (Orthopedic Specialists, as assignee of Kelli Serridge) unopposed motion filed January 31, 2014, to consolidate is granted, and the above-styled case numbers are now consolidated for all purposes and shall proceed under case number 4D14-287; further, ORDERED that the parties are directed to file a single set of appellate briefs and other appellate filings, instead of duplicative filings in each appeal; further, ORDERED that the Clerk of the trial court is directed to prepare a complete record on appeal in case number 4D14-287, and shall not prepare a record on appeal for the other appeals, without prejudice to any party's ability to subsequently file a motion to supplement the record on appeal with a particular or unique document in any particular case.
|
|
| Docket Date |
2014-02-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellants may file one joint memorandum in response to this Court's order dated January 31, 2014, addressing whether this Court should exercise its discretion to review the order in question under 9.160, Fla. R. App. P.; further, In the interim, this Court reserves ruling on the motion to consolidate filed January 31, 2014.
|
|
| Docket Date |
2014-01-31
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ ETC., WITH 14-287, ETC. (SEE 4/9/14 ORDER)
|
| On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
|
| Docket Date |
2014-01-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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, 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 the entry of this order. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2014-01-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ALLSTATE INSURANCE COMPANY
|
|
| Docket Date |
2014-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ORTHOPEDIC SPECIALISTS
|
|
| Docket Date |
2014-01-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
