| Classification |
NOA Final - County Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
County Court for the Twentieth Judicial Circuit, Charlotte County
22-499CC
|
Parties
| Name |
BRUCE KEVIN GREEN, JR.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JASMUND/EMLOYEE OF TRINITY SERVICES GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRINITY SERVICES GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
HINSHAW & CULBERTSON, LLP
|
|
| Name |
HON. JOHN L. BURNS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
ROGER EATON, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2024-04-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2024-03-15
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2024-03-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Upon consideration that Appellant has failed to pay the required filing feeor to submit an order from lower tribunal adjudging appellant insolvent, andappellant file a notice of voluntary dismissal on November 22, 2023, thisappeal is dismissed.
|
|
| Docket Date |
2023-11-22
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-11-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-11-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se ~ This appeal has been filed without a filing fee required by section35.22(2)(a), Florida Statutes.Appellant shall forward the required $300.00 filing fee or, if applicable, acertificate or order from the lower tribunal finding appellant insolvent pursuantto section 57.081 or 57.085, Florida Statutes, as applicable, within forty daysfrom the date of this order.If this court does not receive either of the above within the prescribedtime, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-10-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
| Docket Date |
2024-09-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
This Court treats Appellant's "Reinstatement of Voluntary Dismissal / And Notice of Appellant Insolvent" as a notice to this Court that Appellant has resolved Appellant's indigency status, and it is recognized to the extent that Appellant's voluntary dismissal filed on November 22, 2023, remains in effect.
|
| View |
View File
|
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
County Court for the Twentieth Judicial Circuit, Charlotte County
22-499CC
|
Parties
| Name |
BRUCE KEVIN GREEN, JR.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JASMUND, EMPLOYEE OF TRINITY SERVICES GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TRINITY SERVICES GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
HINSHAW & CULBERTSON, LLP, TAYLOR R. BOWMAN, ESQ.
|
|
| Name |
HONORABLE JOHN L. BURNS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
ROGER EATON, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-03-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2024-01-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The Court's mandate dated January 19, 2024, is withdrawn. Appellant's second "Initial Brief," dated December 20, 2023, is treated like a motion for rehearing and is denied.
|
|
| Docket Date |
2024-01-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-01-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate ~ **WITHDRAWN-SEE 01/31/24 ORDER**
|
|
| Docket Date |
2023-12-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ **TREATED LIKE A MOTION FOR REHEARING-SEE 01/31/24 ORDER**
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-12-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-11-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO SHOW CAUSE ORDER
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-10-24
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ The lower court has entered an order granting in part the motion to vacate filed by Appellant, Bruce Kevin Green, Jr. ("Appellant"), ruling that Appellee, Trinity Services Group, Inc. is dismissed without prejudice. Because a dismissal without prejudice is typically a non-appealable, non-final order, Appellant shall show cause within 30 days why his appeal should not be dismissed for lack of jurisdiction. See, e.g., McGuire v. Fla. Lottery, 17 So. 3d 1276 (Fla. 1st DCA 2009). Appellant shall also advise whether he wishes to proceed with this appeal against "Jasmund," or if he solely wishes to proceed against Trinity Services Group, Inc. Appellees may respond to Appellant's response, if any, within 5 days of filing. Appellant's failure to timely respond to this order may result in dismissal of Trinity Services Group, Inc. without further notice.
|
|
| Docket Date |
2023-10-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ MOTION TO RESCHEDULE NOTICE OF HEARING STATUS CONFERNCE, CASE MANAGEMENT CONFERENCE AND MOTION TO REINSTATE COMPLAINT
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-10-13
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Within three days, Appellees, Trinity Services Group, Inc. and Jasmund, through their counsel, Taylor Bowman of Hinshaw & Culbertson, LLP, shall report on the status of this Court's August 28, 2023 order relinquishing jurisdiction.
|
|
| Docket Date |
2023-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-09-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE'S RESPONSE TO ORDER REQUIRING A STATUS REPORT
|
| On Behalf Of |
TRINITY SERVICES GROUP, INC.
|
|
| Docket Date |
2023-09-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Within three days, Appellees, Trinity Services Group, Inc. and Jasmund, through their counsel, Taylor Bowman of Hinshaw & Culbertson, LLP, shall report on the status of this Court's August 28, 2023 order relinquishing jurisdiction. Specifically, Appellees shall advise this Court whether a hearing has been set on Appellant's motion to reinstate his complaint pursuant to Florida Rule of Civil Procedure 1.540(b). If a hearing has not yet been set, Appellees shall expeditiously set the hearing within the 45-day relinquishment period, allowing appropriate time for Appellant, Bruce Kevin Green Jr., to appear telephonically.
|
|
| Docket Date |
2023-08-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Bruce Kevin Green, Jr. appeals the trial court’s December 9, 2022 order dismissing his complaint against Trinity Services Group, Inc. (“Trinity”) and Jasmund/Employee of Trinity Services Group, Inc. (“Jasmund,” and collectively with Trinity, “Appellees”). We relinquish jurisdiction to the trial court for forty-five days to resolve Green’s post-dismissal motion for relief from judgment.Green, a Florida Department of Corrections (“FDOC”) inmate, sued Appellees for an issue arising from a canteen purchase. Trinity allegedly contracts to provide these services for FDOC, and “Jasmund”1 allegedly works for Trinity. Jasmund moved to dismiss Green’s complaint and stated that Trinity had not yet been served. Appellees, represented by the same law firm below and on appeal, later jointly moved to stay discovery. When Green later sought default against Trinity for failing to respond, Trinity filed a response in opposition stating that it had, in fact, moved to dismiss. But in support, it attached a copy of the dismissal motion Jasmund had filed.Appellees noticed “their” motion to dismiss for December 6, 2022.2 They provided proof that they had mailed notice of this hearing via certified mail to Green on November 18, 2022, but there is no record evidence as to when he received it. The trial court granted Appellees’ request and dismissed both with prejudice. The resulting order noted that Green had not made a request to attend the hearing telephonically.After filing his notice of appeal, Green filed a motion to reinstate his complaint, citing Florida Rule of Civil Procedure 1.540(b). In support, he said that he could not attend the hearing because it had not been arranged by his classification officer. In his initial brief, he contends that he needed fifteen days’ notice to accomplish this task, and there was not enough time.If a trial court’s jurisdiction has been divested by an appeal from a final order, we may “permit the lower tribunal to proceed with specifically stated matters during the pendency of the appeal.” See Fla. R. App. P. 9.600(b); see also Zuckerman v. Alex Hofrichter, P.A., 630 So. 2d 210, 211 (Fla. 3d DCA 1993) (“[A] trial court lacks jurisdiction to proceed on a motion for relief from judgment once appellate jurisdiction is invoked.”).Based on the nature of Green’s rule 1.540(b) motion, we relinquish jurisdiction to the trial court for forty-five days to rule on it. If the trial court conducts a hearing, it shall permit Green’s attendance by telephone if he is still incarcerated. See Garcia v. R.A.G., 229 So. 3d 882, 882 (Fla. 5th DCA 2017). Appellants shall file a status report within fifteen days of the entry of this order apprising the Court of if and when this hearing has been set.______________________ 1 The record does not identify this party in any other way. 2 We do not forestall the possibility that our record simply does not include a separate motion to dismiss filed by Trinity, and that Appellees’ counsel did not somehow secure Trinity’s dismissal from this matter with prejudice without an underlying motion seeking this relief.
|
|
| Docket Date |
2023-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
TRINITY SERVICES GROUP, INC.
|
|
| Docket Date |
2023-04-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
TRINITY SERVICES GROUP, INC.
|
|
| Docket Date |
2023-03-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time to serve answer brief is granted. The answer brief shall be served within thirty days from the date of this order.
|
|
| Docket Date |
2023-03-14
|
| 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 |
TRINITY SERVICES GROUP, INC.
|
|
| Docket Date |
2023-02-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ BURNS - 61 PAGES
|
| On Behalf Of |
ROGER EATON, CLERK
|
|
| Docket Date |
2023-02-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ Appellant's response filed January 27, 2023 is accepted and the order to show cause issued January 10, 2023 is discharged. Appellant's motion for extension of time to file the initial brief, filed January 5, 2023 (mailbox date), is denied as premature inasmuch as the initial brief is not required to be served until 70 days after the filing of the Notice of Appeal. See Fla. R. App. P. 9.110(f).
|
|
| Docket Date |
2023-02-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO ORDER OF THE COURT
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-01-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO SHOW CAUSE ORDER
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-01-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-01-10
|
| 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 |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-01-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se ~ **DISCHARGED-SEE 03/23/23 ORDER**
|
|
| Docket Date |
2023-01-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2023-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
| Docket Date |
2023-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BRUCE KEVIN GREEN, JR.
|
|
|
