Docket Date |
2023-03-24
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR APPELLATE ATTORNEYS' FEES
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On Behalf Of |
The Bear's Club Property Owners' Assoc. Inc.
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Docket Date |
2023-03-14
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Gary L. Sellers
|
|
Docket Date |
2023-03-14
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 03/24/2023**
|
On Behalf Of |
Gary L. Sellers
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Docket Date |
2023-05-26
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-05-26
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-05-04
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2023-05-04
|
Type |
Disposition by Order
|
Subtype |
Granted in Part/Denied in Part
|
Description |
ORD-Grant in Part/Deny in Part ~ ORDERED that appellees’ December 22, 2022 and February 3, 2023 motions for appellate attorney’s fees and costs are granted in part and denied in part. The request for appellate attorney’s fees is granted conditioned on the trial court determining that the appellees are the prevailing parties and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. The request for costs is denied without prejudice to seeking costs in the trial court. 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 appellant’s March 14, 2023 motion for appellate attorney’s fees is denied.
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|
Docket Date |
2023-03-31
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address ~ AMENDED.
|
On Behalf Of |
The Bear's Club Property Owners' Assoc. Inc.
|
|
Docket Date |
2023-03-31
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's March 30, 2023 notice 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.
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|
Docket Date |
2023-03-30
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address ~ **STRICKEN**
|
On Behalf Of |
The Bear's Club Property Owners' Assoc. Inc.
|
|
Docket Date |
2023-02-28
|
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 appellant's February 24, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before March 14, 2023. 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 |
2023-02-24
|
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 |
Gary L. Sellers
|
|
Docket Date |
2023-02-17
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO THE BEAR'S CLUB FOUNDING PARTNERS MOTION FOR ATTY. FEES
|
On Behalf Of |
Gary L. Sellers
|
|
Docket Date |
2023-02-03
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ THE BEAR'S CLUB FOUNDING PARTNERS **RESPONSE FILED 2/17/23**
|
On Behalf Of |
The Bear's Club Property Owners' Assoc. Inc.
|
|
Docket Date |
2023-01-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ THE BEAR'S CLUB FOUNDING PARTNERS, LLC
|
On Behalf Of |
The Bear's Club Property Owners' Assoc. Inc.
|
|
Docket Date |
2023-01-19
|
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 appellant's January 17, 2023 motion for extension of time is granted, and appellant shall serve the reply brief within thirty (30) days from the date of filing of appellee The Bear’s Club Founding Partners’ answer brief. 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 |
2023-01-17
|
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 |
Gary L. Sellers
|
|
Docket Date |
2023-01-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee The Bear’s Club Founding Partners’ January 11, 2023 motion for extension of time is granted in part, and appellee shall serve the answer brief within ten (10) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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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Docket Date |
2023-01-11
|
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 |
The Bear's Club Property Owners' Assoc. Inc.
|
|
Docket Date |
2023-01-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
On Behalf Of |
Gary L. Sellers
|
|
Docket Date |
2022-12-22
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 1/6/23**
|
On Behalf Of |
The Bear's Club Property Owners' Assoc. Inc.
|
|
Docket Date |
2022-12-15
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ THE BEAR'S CLUB PROPERTY OWNER'S ASSOC. INC.,JOHN BITOVE, WILLIAM TERLATO, SHERRIE ABBRUZZESE, GARY NICKLAUS, and ROBERT WESSELMAN
|
On Behalf Of |
The Bear's Club Property Owners' Assoc. Inc.
|
|
Docket Date |
2022-12-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee The Bear’s Club Founding Partners’, December 9, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 16, 2023. 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 |
2022-12-09
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ The Bear's Club Founding Partners
|
On Behalf Of |
The Bear's Club Property Owners' Assoc. Inc.
|
|
Docket Date |
2022-11-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees The Bear’s Club Property Owners’ Assoc. Inc., and John Bitove, William Terlato, Sherrie Abbruzzese, Gary Nicklaus, and Robert Wesselman’s November 14, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before December 16, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
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|
Docket Date |
2022-11-17
|
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 November 16, 2022 amended motion for extension of time is granted, and appellee shall serve the answer brief on or before December 16, 2022. 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 |
2022-11-16
|
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 |
The Bear's Club Property Owners' Assoc. Inc.
|
|
Docket Date |
2022-11-16
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's November 14, 2022 motion 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.
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|
Docket Date |
2022-11-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ **STRICKEN**
|
On Behalf Of |
The Bear's Club Property Owners' Assoc. Inc.
|
|
Docket Date |
2022-10-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Gary L. Sellers
|
|
Docket Date |
2022-10-17
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Gary L. Sellers
|
|
Docket Date |
2022-10-03
|
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 September 29, 2022 motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before October 17, 2022. 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.
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|
Docket Date |
2022-09-29
|
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 |
Gary L. Sellers
|
|
Docket Date |
2022-09-02
|
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 31, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before September 30, 2022. 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.
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|
Docket Date |
2022-08-31
|
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 |
Gary L. Sellers
|
|
Docket Date |
2022-08-16
|
Type |
Order
|
Subtype |
Order Reclassifying Case
|
Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. Fla. R. App. P. 9.130(a)(3)(B). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Florida Rule of Appellate Procedure 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
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|
Docket Date |
2022-08-12
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Gary L. Sellers
|
|
Docket Date |
2022-08-11
|
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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|
Docket Date |
2022-08-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-08-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-08-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Gary L. Sellers
|
|