| Docket Date |
2024-11-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Having received no response to this Court's order, issued August 15, 2024, and pursuant to that order, this case is dismissed.
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|
| Docket Date |
2024-06-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
The motion for extension of relinquishment is granted and relinquishment of jurisdiction is extended for an additional sixty days for the appellant to seek the limited appointment of a guardianship solely for the purposes of resolving the matters in this appeal. Within twenty days from the date of this order, appellant shall provide this court with a copy of the motion seeking such pending in lower tribunal number 2022-CC-000895-O.
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|
| Docket Date |
2024-04-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ STATUS REPORT AND REQUEST TOEXTENSION OF RELINQUISHMENT
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2024-03-28
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Appellants shall file a status report in compliance with this court's January 2, 2024, order within ten days.
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|
| Docket Date |
2024-02-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ Based on the January 2, 2024, order extending the relinquishment necessary to determine matters related to party capacity, the motion to dismiss is denied as moot.
|
|
| Docket Date |
2024-01-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-GRANTING EXTENSION FOR RELINQ. OF JURIS. ~ Appellant's motion for extension of the relinquishment period is granted, and the relinquishment period is extended an additional thirty days from the date of this order. Appellant shall serve a status report within thirty days from the date of this order.
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|
| Docket Date |
2023-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Thomas Sims
|
|
| Docket Date |
2023-10-09
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ STATUS REPORT AND REQUEST TOEXTENSION OF RELINQUISHMENT
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2023-09-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within ten days from the date of this order, counsel for appellant, Theodore Sims, shall comply with the July 27, 2023, order. Counsel may seek an extension of the relinquishment period if necessary for the lower tribunal to fully resolve the matters before it.
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|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Within ten days from the date of this order, appellant shall file a supplemental status report to provide an update on the status of the appeal following the client meeting anticipated to occur on or about June 7, 2023.
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|
| Docket Date |
2023-07-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER AND MOTION
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2023-06-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Thomas Sims
|
|
| Docket Date |
2023-06-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2023-04-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant shall file a supplemental status report to indicate the progress of the probate proceedings in regard to the status of the appellants in this appeal within sixty days from the date of this order.
|
|
| Docket Date |
2023-03-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER DATED MARCH16, 2023
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2023-03-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's request to file a supplemental response to this court's order of February 6, 2023, to indicate the legal status of the various interests of the appellants following the death of one appellant in light of his continued efforts to contact the remaining appellant is granted. Appellant shall file a supplemental response within ten days from the date of this order.
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|
| Docket Date |
2023-02-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER DATED FEBRUARY 6, 2023
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2023-01-20
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-DISPENSING ORAL ARGUMENT ~ Upon consideration, oral argument is hereby dispensed within this case, subject to reconsideration by the merits panel.
|
|
| Docket Date |
2023-01-20
|
| Type |
Notice
|
| Subtype |
Suggestion of Death
|
| Description |
Suggestion of Death
|
| On Behalf Of |
Thomas Sims
|
|
| Docket Date |
2023-01-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties ~ NOTICE OF DEATH OF APPELLANT THEODORE E. SIMSAND MOTION FOR LEAVE TO FILE SUBSTITUTION OFPARTY
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
ORD-TRANSFER TO ANOTHER COURT
|
|
| Docket Date |
2022-10-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ WITHDRAWAL OF MOTION FOR ATTYS. FEES
|
| On Behalf Of |
Thomas Sims
|
|
| Docket Date |
2022-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ OBJECTION TO REQUEST FOR OA
|
| On Behalf Of |
Thomas Sims
|
|
| Docket Date |
2022-09-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ MOTION WITHDRAWN PER 10/3 NOTICE
|
| On Behalf Of |
Thomas Sims
|
|
| Docket Date |
2022-09-24
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ TO MOT FOR FEES FILED 9/26
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2022-09-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2022-09-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ **OBJECTION TO REQUEST FOR OA FILED**
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2022-08-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
Thomas Sims
|
|
| Docket Date |
2022-07-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2022-06-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 91 PAGES
|
| On Behalf Of |
Orange Clerk
|
|
| Docket Date |
2022-05-17
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA Scott E. Siverson 0058289
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2022-05-17
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation
|
|
| Docket Date |
2022-05-16
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AE Pamela Jean Helton 104787
|
| On Behalf Of |
Thomas Sims
|
|
| Docket Date |
2022-05-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Thomas Sims
|
|
| Docket Date |
2022-05-10
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AA Scott E. Siverson 0058289
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2022-05-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2022-05-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
AFFIDAVIT OF INSOLVENCY IS INSUFFICIENT
|
|
| Docket Date |
2022-05-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-05-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 4/29/22
|
| On Behalf Of |
Theodore Sims
|
|
| Docket Date |
2024-08-15
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
The relinquishment period initially granted on July 27, 2023, and extended on January 2, 2024, and June 10, 2024, has expired. Further, appellant has not filed a status report with trial court documents in compliance with this Court's June 10, 2024, order. Appellant shall show cause within seven days of this order why this case should not be dismissed for lack of prosecution. Failure to respond to this order will result in dismissal of this case without further notice.
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|
| Docket Date |
2023-07-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Accordingly, this court relinquishes jurisdiction for forty-five days from the date of this order to any extent necessary for County Court Judge Brian Sandor or his appointed designee to determine the remaining party defendants in this matter and, in consideration of any related open probate or guardianship matters, substitute the appropriate parties or make any related factual findings regarding probate, guardianship, and party capacity as necessary to facilitate the substitution of parties to represent any property interests remaining for the purposes of appeal. Any such substitutions or factual determinations shall be memorialized in an order within forty-five days from the date of this order to be provided by the clerk of the lower tribunal to this court as supplemental record on appeal within fifty-five days from the date of this order.
|
|
| Docket Date |
2023-02-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Counsel for the appellant, Theodore Sims, has filed a motion including a suggestion of appellant Sims’ death and seeking leave to consult with the deceased appellant's spouse, also a party appellant, regarding her plans to continue the appeal in light of both her status as party appellant and her potential rights to proceed on Mr. Sims’ interest as his surviving spouse. As a deceased party cannot remain in an appellate proceeding, see § 46.021, Fla. Stat. (2022); Niemi v. Brown & Williamson Tobacco Corp., 862 So. 2d 31, 33 (Fla. 2d DCA 2003), within 10 days from the date of this order, counsel for the deceased appellant shall confer with the relevant persons, including Mrs. Sims, and shall file in this court one of the following, if necessary in conjunction with counsel for the personal representative: a motion to substitute the surviving spouse or personal representative of Theodore Sims' estate as appellant, see Fla. R. App. P. 9.360(c)(3), along with a copy of any order appointing the personal representative; an indication of whether Mrs. Sims shall appear as a party appellant on behalf of her current interests as well as those inured as surviving spouse, or a notice of voluntary dismissal if indicated. When identifying the personal representative, counsel for the deceased shall also clarify who shall serve as counsel for the personal representative, surviving spouse, or other appellant and shall serve that attorney.
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