| Docket Date |
2017-06-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-06-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED sua sponte that the above–styled appeal is dismissed for lack of jurisdiction. A challenge to the “dicta” exceeds the scope of appellate review permitted by Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i). Appellant is not challenging the ruling upon which this Court’s appellate jurisdiction is based. See e.g. Garcia-Lawson v. Lawson, 211 So. 3d 137 (Fla. 4th DCA 2017) (remanding to strike dicta where appellant challenged the substantive ruling of the final judgment that denied a request for retroactive child support in addition to the dicta within that judgment); Pitcher v. Waldo, 103 So. 3d 980, 982 (Fla. 4th DCA 2012) (remanding to strike dicta where appellant sought review of an order denying his motion to reconsider following a fee and cost judgment; appellant challenged the substantive ruling regarding his standing and dicta within that appealable post-judgment non-final order). Further,ORDERED that appellant's April 12, 2017 motion for appellate attorney fees is denied; further,ORDERED that the appellee's April 17, 2017 motion for 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 appellee's April 21, 2017 motion for leave to file statement is denied.
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|
| Docket Date |
2017-06-09
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's June 9, 2017 order is amended as follows: ORDERED sua sponte that the above–styled appeal is dismissed for lack of jurisdiction. A challenge to the “dicta” exceeds the scope of appellate review permitted by Florida Rule of Appellate Procedure 9.130(a)(3)(C)(i). Appellant is not challenging the ruling upon which this Court’s appellate jurisdiction is based. See e.g. Garcia-Lawson v. Lawson, 211 So. 3d 137 (Fla. 4th DCA 2017) (remanding to strike dicta where appellant challenged the substantive ruling of the final judgment that denied a request for retroactive child support in addition to the dicta within that judgment); Pitcher v. Waldo, 103 So. 3d 980, 982 (Fla. 4th DCA 2012) (remanding to strike dicta where appellant sought review of an order denying his motion to reconsider following a fee and cost judgment; appellant challenged the substantive ruling regarding his standing and dicta within that appealable post-judgment non-final order). Further,ORDERED that appellant's April 12, 2017 motion for appellate attorney fees is denied; further, ORDERED that the appellee's April 17, 2017 motion for 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 appellee's April 21, 2017 motion for leave to file statement is denied. WARNER, GROSS and MAY, JJ., concur.
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|
| Docket Date |
2017-04-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S AMENDED MOTION FOR LEAVE FILE STATEMENT
|
| On Behalf Of |
DON "DONNY" MILLER
|
|
| Docket Date |
2017-04-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE STATEMENT (AMENDED)
|
| On Behalf Of |
SHIMEON TAL
|
|
| Docket Date |
2017-04-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED that the appellee's April 17, 2017 cross-reply brief is stricken as unauthorized and removed from the court's docket as a notice of cross-appeal was not filed in this case.
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|
| Docket Date |
2017-04-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR FEES
|
| On Behalf Of |
SHIMEON TAL
|
|
| Docket Date |
2017-04-17
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief ~ **BRIEF STRICKEN AND REMOVED FROM THE DOCKET - SEE 4/20/17 ORDER**
|
| On Behalf Of |
SHIMEON TAL
|
|
| Docket Date |
2017-04-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE STATEMENT **AMENDED MOTION FILED 4/21/17**
|
| On Behalf Of |
SHIMEON TAL
|
|
| Docket Date |
2017-04-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SHIMEON TAL
|
|
| Docket Date |
2017-04-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
DON "DONNY" MILLER
|
|
| Docket Date |
2017-04-12
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DON "DONNY" MILLER
|
|
| Docket Date |
2017-04-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 4/17/17)
|
| On Behalf Of |
DON "DONNY" MILLER
|
|
| Docket Date |
2017-03-30
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
SHIMEON TAL
|
|
| Docket Date |
2017-03-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellee's answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the table of contents does not list the issues for review. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
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|
| Docket Date |
2017-03-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO THE ANSWER BRIEF
|
| On Behalf Of |
SHIMEON TAL
|
|
| Docket Date |
2017-03-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **BRIEF STRICKEN 3/30/17**
|
| On Behalf Of |
SHIMEON TAL
|
|
| Docket Date |
2017-03-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO THE INITIAL BRIEF
|
| On Behalf Of |
DON "DONNY" MILLER
|
|
| Docket Date |
2017-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee’s March 13, 2017 motion to dismiss is denied. FurtherORDERED that appellant’s March 13, 2017 motion for extension of time to file initial brief is granted. The court notes that appellant's initial brief was filed on March 20, 2017. Appellant shall file the appendix within seven (7) days from the date of this order. Failure to file the appendix within the time provided herein may result in dismissal or other sanctions.
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|
| Docket Date |
2017-03-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DON "DONNY" MILLER
|
|
| Docket Date |
2017-03-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
SHIMEON TAL
|
|
| Docket Date |
2017-03-13
|
| 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 |
DON "DONNY" MILLER
|
|
| Docket Date |
2017-02-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-02-21
|
| 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. 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.
|
|
| Docket Date |
2017-02-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DON "DONNY" MILLER
|
|
| Docket Date |
2017-02-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
