| Docket Date |
2024-08-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDERED that Appellees' January 22, 2024 motion for attorney's fees is granted conditioned on the trial court determining that Appellees are entitled to fees under section 768.79, Florida Statutes (2024), 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 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 Appellant's April 29, 2024 motion for attorney's fees and costs is denied.
|
| View |
View File
|
|
| Docket Date |
2024-02-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
ORDERED that appellant's February 5, 2024 "Motion for Reconsideration/Clarification Directed to Order Dated February 1, 2024" is denied. See Jackson v. U.S. Aviation Underwriters, Inc., 466 So. 2d 1119 (Fla. 2d DCA 1985) (A motion for rehearing "shall not re-argue the merits of the court's order."). Further, ORDERED that appellant's January 31, 2024 "Motion for Reconsideration/Clarification" is granted, and this court's January 24, 2024 order is withdrawn. Further, ORDERED that, upon consideration of the arguments presented in appellant's January 31, 2024 "Motion for Reconsideration/Clarification," appellee's January 22, 2024 motion to strike is granted. Further, ORDERED that appellant's February 5, 2024 "Motion for Extension of Time to Comply with Court's Order" and February 21, 2024 "Motion for Extension of Time and Request for Clarification on Briefing Schedule" are granted, and appellant shall file a second amended initial brief and appendix, without citations to the November 22, 2022 non-binding arbitration order, within ten (10) days from the date of this order. Appellee may file an amended answer brief within ten (10) days thereafter.
|
| View |
View File
|
|
| Docket Date |
2024-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's January 4, 2024 motion for extension of time is granted, and Appellee shall serve the answer brief within ten (10) days from the date of this order. 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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| View |
View File
|
|
| Docket Date |
2023-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's November 30, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief within thirty (30) days from the current due date. 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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| View |
View File
|
|
| Docket Date |
2023-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that, upon consideration of Appellees' September 26, 2023 response and Madison Reporting's October 19, 2023 response, Appellant's September 14, 2023 motion for extension of time is granted, and Appellant shall serve the initial brief within fifteen (15) days from receipt of the transcripts. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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| View |
View File
|
|
| Docket Date |
2023-07-11
|
| 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 June 27, 2023 motion for extension of time is granted, and appellant 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.
|
|
| Docket Date |
2023-07-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that Scott M. Behren's July 3, 2023 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-03-31
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ Civil Cover Sheet
|
|
| Docket Date |
2023-03-31
|
| 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 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.
|
|
| Docket Date |
2024-09-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-01-17
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellee is directed to respond, within ten (10) days from the date of this order, to Appellant's December 22, 2023 motion to supplement.
|
| View |
View File
|
|
| Docket Date |
2024-08-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Filing Supplemental Authority
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2024-06-14
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Order Dispensing with Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Nova Auto Shop's Request for Attorney's Fees
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2024-04-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-04-30
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-04-30
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Nova Auto Shop, LLC
|
| View |
View File
|
|
| Docket Date |
2024-04-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellant's April 4, 2024 motion for extension of time is granted in part, and Appellant 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.
|
| View |
View File
|
|
| Docket Date |
2024-04-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-03-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief to Amended Initial Brief
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
| View |
View File
|
|
| Docket Date |
2024-03-11
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
Nova Auto Shop, LLC
|
| View |
View File
|
|
| Docket Date |
2024-03-11
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Nova Auto Shop, LLC
|
|
| Docket Date |
2024-02-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time and Request for Clarification on Briefing Schedule
|
|
| Docket Date |
2024-02-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to Comply with Court's Order
|
|
| Docket Date |
2024-02-05
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
MOTION FOR RECONSIDERATION/CLARIFICATION DIRECTED TO ORDER DATED FEBRUARY 1st 2024
|
|
| Docket Date |
2024-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDERED that, upon consideration of appellee's January 29, 2024 response, appellant's December 22, 2023 motion to supplement is denied. See Personna v. State, 368 So. 3d 448 (Fla. 4th DCA 2023) ("A motion to supplement the record is not a motion for extension of time, nor is it a tool for indirectly obtaining an extension of time.").
|
| View |
View File
|
|
| Docket Date |
2024-01-31
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion for Reconsideration/Clarification
|
|
| Docket Date |
2024-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Supplement the Record
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2024-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORDERED that appellee's January 22, 2024 motion to strike is granted, and appellant shall file a second amended initial brief and appendix, without references to the November 22, 2022 non-binding arbitration, within ten (10) days from the date of this order. Appellee may file an amended answer brief within ten (10) days thereafter.
|
| View |
View File
|
|
| Docket Date |
2024-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-01-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
| View |
View File
|
|
| Docket Date |
2024-01-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike Sections of Initial Brief and Amended Appendix
|
|
| Docket Date |
2024-01-04
|
| 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 |
2023-12-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Appendix to Include Transcript
|
|
| Docket Date |
2023-12-22
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Proposed Supplemental Record
|
|
| Docket Date |
2023-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDERED that Appellant's December 20, 2023 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
|
| View |
View File
|
|
| Docket Date |
2023-12-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
|
| Docket Date |
2023-12-01
|
| 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 |
2023-11-02
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
Nova Auto Shop, LLC
|
| View |
View File
|
|
| Docket Date |
2023-11-02
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Amended Initial Brief
|
| On Behalf Of |
Nova Auto Shop, LLC
|
|
| Docket Date |
2023-11-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellant's 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, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2023-10-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Nova Auto Shop, LLC
|
| View |
View File
|
|
| Docket Date |
2023-10-31
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Nova Auto Shop, LLC
|
|
| Docket Date |
2023-10-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to appellant's motion for extension of time
|
|
| Docket Date |
2023-10-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Madison Court Reporting is directed to respond, within ten (10) days from the date of this order, to Appellant's September 14, 2023 motion.
|
| View |
View File
|
|
| Docket Date |
2023-09-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to TO THIRD MOTION FOR EXTENSION OF TIME
|
|
| Docket Date |
2023-09-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2023-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that, upon consideration of appellees' August 21, 2023 response, appellant's August 9, 2023 motion for extension of time is granted, and appellant 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.
|
|
| Docket Date |
2023-08-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO SECOND MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Nova Auto Shop, LLC
|
|
| Docket Date |
2023-08-15
|
| 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 appellant’s August 9, 2023 motion for extension of time to file initial brief.
|
|
| Docket Date |
2023-08-09
|
| 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 |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2023-08-07
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2023-07-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Nova Auto Shop, LLC
|
|
| Docket Date |
2023-07-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of Compliance
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2023-07-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1405 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-07-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-07-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED
|
| On Behalf Of |
Nova Auto Shop, LLC
|
|
| Docket Date |
2023-06-27
|
| 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 |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2023-05-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the April 28, 2023 notice of voluntary dismissal, this case is dismissed as to the April 6, 2023 order on attorney’s fees only. Further,ORDERED that this court’s April 20, 2023 order is discharged.
|
|
| Docket Date |
2023-04-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2023-04-20
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ **Discharged per this court's 5/01/23 order** ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address whether the March 29, 2023 notice of appeal can be amended to include the April 6, 2023 order; and if so, how the April 6, 2023 order is an appealable final or nonfinal order, as it appears the order merely grants a motion for attorney's fees. Fla. R. App. P. 9.110(h); Schmidt v. Schmidt, 319 So. 3d 65 (Fla. 4th DCA 2021) ("An order merely finding entitlement to attorney's fees is a non-final, non-appealable order."); Lauderdale Marine Ctr., Ltd. v. MYD Marine Distribs., Inc., 31 So. 3d 256, 257 (Fla. 4th DCA 2010) ("This court may review only proceedings occurring prior to the date of appellant's notice of appeal."). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER DENYING PLAINTIFF'S MOTION FOR REHEARING
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2023-04-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's April 17, 2023 notice of filing is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ **STRICKEN**
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2023-04-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2023-04-03
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2023-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Charles J. & Jeanette Bonfiglio Family Limited Partnership II
|
|
| Docket Date |
2023-03-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
