|
LAUREL POINT CARE AND REHAB CENTER, LLC, et al. VS WILLIE J. HOWARD, JR.
|
4D2020-2712
|
2020-12-17
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
2018CA001838
|
Parties
| Name |
JOSEPH SCHWARTZ, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Skyline Healthcare, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SKYLINE MANAGEMENT GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
703 SOUTH 29TH STREET, SPE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LAUREL POINT HOLDING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DONNA WILDES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SUN ISLAND CAPITAL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Laurel Point Care and Rehab Center, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark Hartig, Alexis Connell, Amy L. Dilday, Theresa Domenico
|
|
| Name |
Sun Island Healthcare, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SKYLINE CENTRAL BILLING OFFICE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Yolette Jean-Louis
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Willie J. Howard, Jr.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Megan Gisclar Colter, Lisa M. Tanaka, Jason R. Delgado
|
|
| Name |
Hon. Barbara W. Bronis
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that case numbers 4D20-873, 4D20-2712, and 4D20-2367 are consolidated for all purposes and shall proceed in 4D20-873. Further,ORDERED that the parties April 6, 2021 and April 15, 2021 joint requests for oral argument are denied.
|
|
| Docket Date |
2021-06-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-04-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Willie J. Howard, Jr.
|
|
| Docket Date |
2021-03-31
|
| 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’ March 31, 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.
|
|
| Docket Date |
2021-03-31
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED
|
| On Behalf Of |
Willie J. Howard, Jr.
|
|
| Docket Date |
2021-03-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Willie J. Howard, Jr.
|
|
| Docket Date |
2021-03-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Willie J. Howard, Jr.
|
|
| Docket Date |
2021-02-26
|
| 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 February 25, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before March 31, 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.
|
|
| Docket Date |
2021-02-25
|
| 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 |
Willie J. Howard, Jr.
|
|
| Docket Date |
2021-01-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-01-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-01-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellee's January 5, 2021 response and appellant's January 6, 2021 response, it is ORDERED that case numbers 4D20-0873 and 4D20-2712 are now consolidated for purposes of designation to the same appellate panel for review and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130.
|
|
| Docket Date |
2021-01-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Willie J. Howard, Jr.
|
|
| Docket Date |
2021-01-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF FIRM NAME CHANGE
|
| On Behalf Of |
Willie J. Howard, Jr.
|
|
| Docket Date |
2021-01-04
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ Upon consideration of appellants’ December 29, 2020 notice of similar case pending, it is ORDERED that the parties are to respond, within ten (10) days from the date of this order as to why case numbers 4D20-0873 and 4D20-2712 should not be consolidated for the purpose of designation to the same appellate panel for review.
|
|
| Docket Date |
2020-12-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ December 28, 2020 motion for extension of time is granted, and appellants shall serve the initial brief and appendix on or before January 30, 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 |
2020-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-12-28
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Willie J. Howard, Jr.
|
|
| Docket Date |
2020-12-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-12-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-12-17
|
| 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.
|
|
| Docket Date |
2020-12-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC., et al. VS THE ESTATE OF MARION H. KIRBY, et al.
|
4D2020-2387
|
2020-11-03
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562019CA000360
|
Parties
| Name |
Lyric Health Care Holdings III, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
John Dwyer
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lyric Health Care Holding III, Inc.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lyric HC Operations Acquisitions, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lyric Health Care, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Timothy F. Nicholson
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
INTEGRATED HEALTH SERVICES AT CENTRAL FLORIDA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kenneth N. Johnson
|
|
| Name |
SKYLINE MANAGEMENT GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Yolette Jean-Louis Martelly
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOSEPH SCHWARTZ, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALAN J. ZUCCARI, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Laurel Point Care and Rehab Center, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Skyline Health Care, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FC Lending-Sunshine, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SABRA HEALTH CARE HOLDINGS III, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Sabra Health Care, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DONNA WILDES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Sabra Health Care Limited Partnership
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SABRA HEALTH CARE REIT, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Pacific Western Bank Corp.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barbara W. Bronis
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Marion K. McKinney
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Marion H. Kirby
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Megan Gisclar Colter, Seth Schimmel, Jason D. Joffe, Robert R. Hearn, Donna J. Fudge, Mark Hartig, Lisa M. Tanaka, Alexis Connell, Matt Williams, Jason R. Delgado, John M Stewart, Keith M Hoffman, Theresa Domenico
|
|
Docket Entries
| Docket Date |
2021-06-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-04-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ JOINT
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2021-03-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ 2ND AMENDED.
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2021-03-12
|
| 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’ March 12, 2021 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) 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.
|
|
| Docket Date |
2021-02-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2021-02-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2021-01-26
|
| 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 |
Estate of Marion H. Kirby
|
|
| Docket Date |
2021-01-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF FIRM NAME CHANGE.
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2020-12-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-12-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED.
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2020-11-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellee's November 9, 2020 and appellants' November 10, 2020 responses, it is ORDERED sua sponte that case numbers 4D20-2367 and 4D20-2387 are now consolidated and are to proceed under the time schedule for a direct appeal, according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D20-2367. Appellants shall file a single initial brief addressing the issues of both case numbers.
|
|
| Docket Date |
2020-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ November 12, 2020 motion for extension of time is granted, and appellants shall serve the initial on or before December 16, 2020. 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 |
2020-11-12
|
| 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 |
Integrated Health Services at Central Florida, Inc.
|
|
| Docket Date |
2020-11-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Integrated Health Services at Central Florida, Inc.
|
|
| Docket Date |
2020-11-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Integrated Health Services at Central Florida, Inc.
|
|
| Docket Date |
2020-11-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2020-11-09
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of the November 5, 2020 "notice of related case," it is ORDERED that the parties are directed to show cause, within ten (10) days from the date of this order, why case numbers 4D20-2367 and 4D20-2387 should not be consolidated for all purposes.
|
|
| Docket Date |
2020-11-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2020-11-05
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Integrated Health Services at Central Florida, Inc.
|
|
| Docket Date |
2020-11-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Integrated Health Services at Central Florida, Inc.
|
|
| Docket Date |
2020-11-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-11-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Integrated Health Services at Central Florida, Inc.
|
|
| Docket Date |
2021-03-11
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-01-26
|
| 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 January 26, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before February 26, 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.
|
|
|
|
LAUREL POINT CARE AND REHAB CENTER, LLC, et al. VS ESTATE OF MARION H. KIRBY, by and through MARION K. MCKINNEY, et al.
|
4D2020-2367
|
2020-10-30
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562019CA000360AXXXHC
|
Parties
| Name |
DONNA WILDES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Yolette Jean-Louis Martelly
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SKYLINE MANAGEMENT GROUP, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Laurel Point Care and Rehab Center, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alexis Connell, Amy L. Dilday, Theresa Domenico, Mark Hartig
|
|
| Name |
Skyline Healthcare, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALAN J. ZUCCARI, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SABRA HEALTH CARE REIT, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Pacific Western Bank Corp.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lyric Health Care Holdings III, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lyric Health Care, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
John Dwyer
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lyric HC Operations Acquisitions, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FC Lending-Sunshine, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Sabra Health Care Limited Partnership
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Marion K. McKinney
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Timothy F. Nicholson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Intergrated Health Services at Central Florida, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Marion H. Kirby
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason R. Delgado, Donna J. Fudge, David A Archer, Megan Gisclar Colter, Keith M Hoffman, Roman Ortega-Cowan, Jason D. Joffe, Seth Schimmel, Kenneth N. Johnson, John M Stewart, Lisa M. Tanaka, Robert R. Hearn
|
|
| Name |
Sabra Health Care, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Skyline Health Care, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SABRA HEALTH CARE HOLDINGS III, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOSEPH SCHWARTZ, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barbara W. Bronis
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that case numbers 4D20-873, 4D20-2712, and 4D20-2367 are consolidated for all purposes and shall proceed in 4D20-873. Further,ORDERED that the parties April 6, 2021 and April 15, 2021 joint requests for oral argument are denied.
|
|
| Docket Date |
2021-06-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-04-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ JOINT
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2021-03-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ 2ND AMENDED.
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2021-03-12
|
| 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’ March 12, 2021 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) 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.
|
|
| Docket Date |
2021-03-11
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-02-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2021-02-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2021-01-26
|
| 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 January 26, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before February 26, 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.
|
|
| Docket Date |
2021-01-26
|
| 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 |
Estate of Marion H. Kirby
|
|
| Docket Date |
2021-01-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF FIRM NAME CHANGE.
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2020-12-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-12-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED.
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2020-11-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellee's November 9, 2020 and appellants' November 10, 2020 responses, it is ORDERED sua sponte that case numbers 4D20-2367 and 4D20-2387 are now consolidated and are to proceed under the time schedule for a direct appeal, according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D20-2367. Appellants shall file a single initial brief addressing the issues of both case numbers.
|
|
| Docket Date |
2020-11-12
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-11-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2020-11-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ November 12, 2020 motion for extension of time is granted, and appellants shall serve the initial brief on or before December 16, 2020. 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 |
2020-11-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-11-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Estate of Marion H. Kirby
|
|
| Docket Date |
2020-11-09
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Upon consideration of the November 5, 2020 "notice of related case," it is ORDERED that the parties are directed to show cause, within ten (10) days from the date of this order, why case numbers 4D20-2367 and 4D20-2387 should not be consolidated for all purposes.
|
|
| Docket Date |
2020-11-06
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ w/4D20-2387
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-11-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-11-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-10-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
|
|
LAUREL POINT CARE AND REHAB CENTER, LLC and DONNA WILDES VS ESTATE OF CAROL DESANTIS, by and through ANTHONY STEVEN DESANTIS
|
4D2020-0873
|
2020-04-01
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562018CA001065
|
Parties
| Name |
DONNA WILDES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Laurel Point Care and Rehab Center, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kimberly J. Lopater, Vilma Martinez, Thomas A. Valdez
|
|
| Name |
Estate of Carol Desantis
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason R. Delgado, Megan Gisclar Colter, Lisa M. Tanaka
|
|
| Name |
Anthony Steven Desantis
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Felix Desantis
|
| Role |
Appellee
|
| Status |
Withdrawn
|
|
| Name |
Hon. Barbara W. Bronis
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2021-02-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-01-20
|
| 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' January 15, 2021 motion for extension of time is granted in part. Appellants shall serve the reply brief within fifteen (15) 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.
|
|
| Docket Date |
2021-01-15
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-01-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO THIS COURT'SJANUARY 4, 2021 SHOW CAUSE ORDER
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-01-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2021-01-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF FIRM NAME CHANGE.
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2021-01-04
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ Upon consideration of appellants’ December 29, 2020 notice of similar case pending, it is ORDERED that the parties are to respond, within ten (10) days from the date of this order as to why case numbers 4D20-0873 and 4D20-2712 should not be consolidated for the purpose of designation to the same appellate panel for review.
|
|
| Docket Date |
2020-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED.
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2020-12-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2020-12-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's appendix to the answer 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 contains no bookmarks as required by 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.
|
|
| Docket Date |
2020-12-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2020-12-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2020-12-04
|
| 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 December 3, 2020 unopposed motion to substitute appellee is granted. Further,ORDERED that appellee's motion for extension of time, contained in the December 3, 2020 unopposed motion to substitute, is granted, and appellee shall serve the answer brief within fifteen (15) 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.
|
|
| Docket Date |
2020-12-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO SUBSTITUTE APPELLEE *AND* MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF.
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2020-12-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO SUBSTITUTE APPELLEE.
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2020-11-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2020-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellee's September 25, 2020 motion to stay is granted. This case stayed pending the appointment of a successor Personal Representative of the Estate of Carol DeSantis and a subsequent Motion to Substitute Parties is filed. Appellee shall file a status report every thirty (30) days to advise this court as to the status of the appointment of a successor personal representative.
|
|
| Docket Date |
2020-09-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2020-08-25
|
| 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 August 24, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before September 26, 2020. 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.
|
|
| Docket Date |
2020-07-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-07-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-07-10
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' June 24, 2020 motion for extension of time is granted, and appellants shall serve the initial brief within fifteen (15) 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 |
2020-06-24
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-06-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ June 8, 2020 motion for extension of time is granted in part, and appellants shall serve the initial brief within fifteen (15) 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 |
2020-06-08
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-04-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ April 21, 2020 motion for extension of time is granted, and appellants shall serve the initial brief within forty-five (45) 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 |
2020-04-21
|
| 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 |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **AMENDED NOTICE FILED**
|
| On Behalf Of |
Estate of Carol Desantis
|
|
| Docket Date |
2020-04-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2020-04-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-04-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Laurel Point Care and Rehab Center, LLC
|
|
| Docket Date |
2021-06-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that case numbers 4D20-873, 4D20-2712, and 4D20-2367 are consolidated for all purposes and shall proceed in 4D20-873. Further,ORDERED that the parties April 6, 2021 and April 15, 2021 joint requests for oral argument are denied.
|
|
| Docket Date |
2021-01-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellee's January 5, 2021 response and appellant's January 6, 2021 response, it is ORDERED that case numbers 4D20-0873 and 4D20-2712 are now consolidated for purposes of designation to the same appellate panel for review and are to proceed under the time schedule for a nonfinal appeal and according to the requirements of Florida Rule of Appellate Procedure 9.130.
|
|
| Docket Date |
2020-08-24
|
| 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 |
Estate of Carol Desantis
|
|
| Docket Date |
2020-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants' July 10, 2020 unopposed motion for extension of time to file initial brief is granted in part, and appellants shall serve the initial brief and accompanying appendix within fifteen (15) days from the date of this order. In addition, if the initial brief and appendix are 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. Appellants are 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.
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| Docket Date |
2020-04-01
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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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