Docket Date |
2021-07-02
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Joe Taylor Restoration, Inc.
|
|
Docket Date |
2021-07-02
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Joe Taylor Restoration, Inc.
|
|
Docket Date |
2021-07-13
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ MICHAEL MAYS and KALA HENNESSEY
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-07-02
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
Joe Taylor Restoration, Inc.
|
|
Docket Date |
2021-07-02
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Joe Taylor Restoration, Inc.
|
|
Docket Date |
2222-07-16
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ ***4D20-2720, 4D21-917 AND 4D21-1776 ARE CONSOLIDATED FOR PANEL PURPOSES ONLY.***
|
|
Docket Date |
2023-07-07
|
Type |
Record
|
Subtype |
Returned Exhibits
|
Description |
Returned Exhibits
|
|
Docket Date |
2022-09-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-09-09
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-07-09
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ Upon consideration of appellee's July 2, 2021 notice of related cases, it is ORDERED that the parties are to show cause, within five (5) days from the date of this order, as to why case numbers 4D21-0917, 4D21-1776, and 4D20-2720 should not be consolidated for all purposes.
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|
Docket Date |
2022-08-24
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellee’s July 2, 2021 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee 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. Further,ORDERED that appellants’ September 13, 2021 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellants are 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. Further,ORDERED that the motion for costs filed by Jay L. Farrow is denied without prejudice to seek costs in the trial court.
|
|
Docket Date |
2022-08-24
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Per Curiam Opinion
|
|
Docket Date |
2022-07-22
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2022-07-22
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellants' July 21, 2022 motion to supplement the record is granted, and the record is supplemented to include the June 29, 2022 order denying appellant Kala Hennessey’s second amended motion for summary judgment. Said supplemental record is deemed filed as of the date of this order.
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|
Docket Date |
2022-07-21
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2022-07-21
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2022-06-21
|
Type |
Order
|
Subtype |
Order on Motion For Continuation of Oral Argument
|
Description |
Grant Continuance of Oral Argument ~ ORDERED that the appellee's June 20, 2022 motion for continuance of oral argument is granted. Oral argument scheduled for June 21, 2022 is cancelled and will be rescheduled for a later date.
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|
Docket Date |
2022-06-20
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Request for Emergency Treatment
|
On Behalf Of |
Joe Taylor Restoration, Inc.
|
|
Docket Date |
2022-06-20
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion For Continuation of Oral Argument
|
Description |
Motion For Continuation of Oral Argument
|
On Behalf Of |
Joe Taylor Restoration, Inc.
|
|
Docket Date |
2022-05-04
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on June 21, 2022, at 9:30 A.M. for 15 minutes per side, in person at the Fourth District Court of Appeal Courthouse. 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 www.4dca.org. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.Within seven (7) days from the date of this order, either side may file a motion for remote oral argument, which, if granted, would take place on the same week as the currently scheduled in-person oral argument, with the date and time to be set by further order of this court. Before filing the motion, the moving party shall confer with the opposing side to ascertain whether the opposing side agrees to a remote oral argument. The motion shall state: (1) the reasons why remote oral argument is requested; and (2) whether the opposing side consents to a remote oral argument. If the motion is opposed, then the opposing side shall file a response to the motion within three (3) days after the filing of the motion. No extensions of time to file the motion or response will be permitted, absent extraordinary circumstances. If the court grants the motion for remote oral argument, the argument will take place via Zoom video conference and all judges and attorneys will appear remotely.
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|
Docket Date |
2021-10-21
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ THUMB DRIVE PER THE OCTOBER 11, 2021 ORDER
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2021-10-11
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion ~ ORDERED that appellants' September 13, 2021 "motion to supplement appendix with four videos” is granted. The appellants shall file, within ten (10) days from the date of this order, an amended appendix with the four videos mentioned in their motion.
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|
Docket Date |
2021-09-14
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellants’ September 13, 2021 motion to supplement the appendix.
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|
Docket Date |
2021-09-13
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-09-13
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION TO SUPPLEMENT THE APPENDIX WITH FOUR VIDEOS
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-09-13
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-08-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ August 13, 2021 motion for extension of time is granted, and appellants shall serve the reply brief within twenty (20) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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|
Docket Date |
2021-08-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-07-16
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Sua Sponte ~ Upon consideration of appellants’ July 13, 2021 response and appellees’ July 14, 2021 response to the court’s July 9, 2021 order to show cause, it is ORDERED that case numbers 4D21-0917, 4D21-1776, and 4D20-2720 are now consolidated for purposes of assignment to the same panel. Further, ORDERED that this court’s July 9, 2021 order is discharged.
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|
Docket Date |
2021-07-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ July 14, 2021 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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|
Docket Date |
2021-07-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Joe Taylor Restoration, Inc.
|
|
Docket Date |
2021-07-14
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Joe Taylor Restoration, Inc.
|
|
Docket Date |
2021-07-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-05-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 25, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before July 2, 2021. 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.
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|
Docket Date |
2021-05-25
|
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 |
Joe Taylor Restoration, Inc.
|
|
Docket Date |
2021-04-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's April 28, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 2, 2021. 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.
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|
Docket Date |
2021-04-28
|
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 |
Joe Taylor Restoration, Inc.
|
|
Docket Date |
2021-04-15
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-04-15
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-04-13
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that 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 completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not 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.
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|
Docket Date |
2021-04-12
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ **STRICKEN**
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-04-12
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-03-30
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-03-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ March 9, 2021 motion for extension of time is granted, and appellants shall serve the initial brief and appendix on or before April 10, 2021. In addition, if the initial brief and appendix are 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 |
2021-03-09
|
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 |
Michael Mays
|
|
Docket Date |
2021-03-01
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-02-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-02-26
|
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.
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|
Docket Date |
2021-02-25
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Michael Mays
|
|
Docket Date |
2021-02-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|