Docket Date |
2023-11-02
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2023-10-16
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Theresa D. Rubalcava’s motion to enlarge time to supplement the record and file a brief is granted to the extent that this court accepts the brief and appendix filed by Ms. Rubalcava on October 9. Theresa D. Rubalcava’s motion for rehearing is granted to the extent that this court’s July 5, 2023, order denying the motion for substitution of appellant and dismissing the appeal for lack of a party appellant is vacated. The motion is denied as moot to the extent it seeks issuance of a written opinion and rehearing en banc. Having reviewed Ms. Rubalcava’s brief and appendix, including the transcript of the evidentiary hearing held May 22, 2023, and the trial court’s findings and recommendations, the motion for substitution of appellant is denied and this appeal is dismissed for lack of a party appellant in accordance with this court's March 16, 2023, order.Appellee Morgan Group Development’s Request for Direction as to Response to Theresa Rubalcava’s Filings and Time for Filing Same is denied as moot.
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|
Docket Date |
2023-10-16
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ NORTHCUTT, LaROSE, and SMITH
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|
Docket Date |
2023-10-16
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ MORGAN GROUP DEVELOPMENT'S REQUEST FOR DIRECTION AS TO RESPONSE TO THERESA RUBALCAVA'S FILINGS AND TIME FOR FILING SAME
|
On Behalf Of |
THE CITY OF TARPON SPRINGS, FLORIDA
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|
Docket Date |
2023-10-09
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
THERESA DEWALD RUBALCAVA
|
|
Docket Date |
2023-10-09
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
THERESA DEWALD RUBALCAVA
|
|
Docket Date |
2023-10-06
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO MORGAN GROUP DEVELOPMENT, LLC'SRESPONSE IN OPPOSITION TO MOTION TO ENLARGE TIME
|
On Behalf Of |
THE CITY OF TARPON SPRINGS, FLORIDA
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|
Docket Date |
2023-10-06
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO MOTION TO ENLARGE TIME
|
On Behalf Of |
THE CITY OF TARPON SPRINGS, FLORIDA
|
|
Docket Date |
2023-10-02
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Extension of Time For Supp.Record & Brief
|
On Behalf Of |
THERESA DEWALD RUBALCAVA
|
|
Docket Date |
2023-09-21
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ Theresa D. Rubalcava’s Verified Motion to Enlarge Time to Comply with theCourt’s Order of August 31, 2023, is granted until October 2, 2023. Further extensionswill not be granted.
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|
Docket Date |
2023-09-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
THERESA DEWALD RUBALCAVA
|
|
Docket Date |
2023-08-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT Response to Court Order-74a ~ Theresa D. Rubalcava's Motion to Enlarge Time to Respond to the Court's Order of July 26, 2023, is granted to the extent that within 20 days of the date of this order Ms. Rubalcava shall supplement her motion for rehearing in accordance with this court's July 26 order with the transcript of the May 22 hearing on her motion for substitution of appellant and any documents presented to the trial court in support of her motion for substitution. Within 20 days of the date of this order Ms. Rubalcava may serve a brief directed to the trial court's findings following the May 22 hearing. Further extensions of time for supplementation or briefing will not be granted, and failure to comply with this order will result in this court's disposition of the motion for rehearing without supplementation or briefing.
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|
Docket Date |
2023-08-17
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF WITHDRAWAL
|
On Behalf Of |
A. EVAN DIX, ESQ.
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|
Docket Date |
2023-08-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
THERESA DEWALD RUBALCAVA
|
|
Docket Date |
2023-07-26
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Within 20 days of the date of this order, Theresa D. Rubalcava shall supplement her motion for rehearing, issuance of a written opinion, and for rehearing en banc with the transcript of the May 22, 2023, hearing on her motion for substitution of appellant and any documents presented to the trial court in support of her motion for substitution.
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|
Docket Date |
2023-07-20
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ ISSUANCE OF A WRITTEN OPINION, AND FOR REHEARING EN BANC
|
On Behalf Of |
THERESA DEWALD RUBALCAVA
|
|
Docket Date |
2023-07-05
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ NORTHCUTT, LaROSE, and SMITH
|
|
Docket Date |
2023-07-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Denying EOT for Initial Brief ~ The motion to enlarge time filed by Theresa Dewald Rubalcava is denied as moot.
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|
Docket Date |
2023-07-05
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-SUA SPONTE DISMISSAL ~ ***VACATED PER 10/16/23 ORDER***The relinquishment periods initiated by this court's April 5, 2023, and June 23, 2023, orders have concluded, and in accordance with the trial court's findings and recommendations, the motion for substitution of appellant is denied. This appeal is dismissed for lack of a party appellant in accordance with this court's March 16, 2023, order. The motion to enlarge time filed by Theresa Dewald Rubalcava is denied as moot.
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|
Docket Date |
2023-06-26
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Order ~ ORDER DENYING REHEARING
|
On Behalf Of |
PINELLAS CLERK
|
|
Docket Date |
2023-06-23
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ On June 20, 2023, Theresa Rubalcava filed a copy of her Motion for Rehearing and Exceptions to the Report and Recommendations on Motion for Substitution of Appellant Entered on June 1, 2023, which she filed in the lower tribunal. This court sua sponte relinquishes jurisdiction for 15 days from the date of this order for the Honorable Patricia Muscarella to rule on the motion for rehearing and to forward a copy of her order ruling on the motion to this court.
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Docket Date |
2023-06-20
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Document ~ MOTION FOR REHEARING AND EXCEPTIONS TO THE REPORT AND RECOMMENDATIONS ON MOTION FOR SUBSTITUTION OF APPELLANT ENTERED ON JUNE 1, 2023
|
On Behalf Of |
THERESA DEWALD RUBALCAVA
|
|
Docket Date |
2023-06-01
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Order ~ FINDINGS AND RECOMMENDATIONS OF THE TRIAL COURT; AND ORDER RETURNING JURISDICTION TO THE FLORIDA SECOND DISTRICT COURT OF APPEAL
|
On Behalf Of |
HON. PATRICIA A. MUSCARELLA
|
|
Docket Date |
2023-05-11
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ The motion to require service of documents filed by Theresa Dewald Rubalcava is denied. Ms. Rubalcava is not currently the appellant or a party to this appeal. In addition, the appellees' responses for which Ms. Rubalcava seeks to direct service certify service on Ms. Rubalcava by U.S. mail at her address. As a courtesy, copies of the responses and appendix are enclosed with Ms. Rubalcava's copy of this order.
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|
Docket Date |
2023-04-11
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLANT'S MOTION TO REQUIRE SERVICE OF DOCUMENTS WITH APPENDIX
|
On Behalf Of |
THERESA DEWALD RUBALCAVA
|
|
Docket Date |
2023-04-05
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ This court is in receipt of a Motion for Substitution of Appellant filed by TheresaDewald Rubalcava, asserting that prior to his death, Appellant Clay G. Colsontransferred his interest in this action to her. This court is also in receipt of the Appendixto Motion for Substitution of Appellant with a copy of a Transfer of Interest purportedlysigned by Mr. Colson on February 20, 2023. Appellees responded to the motion andchallenged the authenticity of the Transfer of Interest, giving rise to a factual dispute.This court sua sponte relinquishes jurisdiction to the trial court for 60 days, duringwhich the Honorable Patricia A. Muscarella shall hold an evidentiary hearing and permitthe parties to submit evidence and argument concerning the authenticity of the Transferof Interest. Judge Muscarella shall thereafter provide this court with a report of herfindings and recommendations concerning whether the Transfer of Interest is authenticand whether it served to transfer Mr. Colson's interest in this matter to Ms. Rubalcava.Judge Muscarella may view the Motion for Substitution of Appellant, theAppendix to Motion for Substitution of Appellant, appellees' responses, and any otherfilings related to this proceeding at https://eDCA.2dca.org/. If Judge Muscarella is notregistered for eDCA, she may do so by accessing https://edca.2dca.org/, clicking on the"Not Registered? Click here" link, and going through the registration procedure.Alternatively, Judge Muscarella may direct the parties to provide her with all documentsrelevant to her consideration and resolution of the issues described in this order.This court's order to show cause, the Motion for Substitution of Appellant, andAppellant's Motion to Enlarge Time remain pending. This appeal is stayed during therelinquishment period.
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|
Docket Date |
2023-03-29
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO MOTION FORSUBSTITUTION OF APPELLANT AND MOTION TO ENLARGE TIME
|
On Behalf Of |
THE CITY OF TARPON SPRINGS, FLORIDA
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|
Docket Date |
2023-03-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO MOTION FOR SUBSTITUTION OF APPELLANT AND MOTION TO ENLARGE TIME
|
On Behalf Of |
THE CITY OF TARPON SPRINGS, FLORIDA
|
|
Docket Date |
2023-03-27
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
On Behalf Of |
THE CITY OF TARPON SPRINGS, FLORIDA
|
|
Docket Date |
2023-03-17
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
|
Docket Date |
2023-03-17
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Parties
|
Description |
Motion For Substitution of Parties ~ MOTION FOR SUBSTITUTION OF APPELLANT FILED BY THERESA DEWALD RUBALCAVA
|
|
Docket Date |
2023-03-17
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
|
Docket Date |
2023-03-16
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
ORD-SHOW CAUSE-APPEAL DISMISSAL ~ This court is in receipt of a Suggestion of Death filed by appellees’ counselstating that the pro se Appellant, Clay G. Colson, passed away on February 22, 2023.Within 15 days of the date of this order, appellant or appellant’s successor in interestshall show cause why this proceeding should not be dismissed for lack of a partyappellant to prosecute this appeal.
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|
Docket Date |
2023-03-02
|
Type |
Notice
|
Subtype |
Suggestion of Death
|
Description |
Suggestion of Death
|
On Behalf Of |
THE CITY OF TARPON SPRINGS, FLORIDA
|
|
Docket Date |
2023-02-16
|
Type |
Order
|
Subtype |
Order on Motion For Leave To Intervene
|
Description |
ORD-LEV TO INTERVENE ~ The motion to intervene, filed by Morgan Group Development, LLC, is granted. Morgan Group Development, LLC is recognized as an appellee in this appeal. The appellant shall serve the initial brief within 30 days of the date of this order.
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|
Docket Date |
2023-01-30
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO THE MOTION TO RECOGNIZE MORGAN GROUP DEVELOPMENT, LLC AS AN APPELLEE OR ALTERNATIVELY TO INTERVENE
|
On Behalf Of |
CLAY G. COLSON
|
|
Docket Date |
2023-01-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant EOT (general)-74c ~ Appellant's motion for extension of time is granted to the extent that Appellant may respond to the "motion to recognize Morgan Group Development, LLC as an appellee or, alternatively, to intervene" within 15 days of the date of this order.
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|
Docket Date |
2023-01-11
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO ENLARGE TIME
|
On Behalf Of |
A. EVAN DIX, ESQ.
|
|
Docket Date |
2023-01-04
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
PINELLAS CLERK
|
|
Docket Date |
2022-12-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO APPELLEE'S MOTION TO DISMISS
|
On Behalf Of |
CLAY G. COLSON
|
|
Docket Date |
2022-12-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ TO MOTION TO INTERVENE
|
On Behalf Of |
CLAY G. COLSON
|
|
Docket Date |
2022-12-08
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
THE CITY OF TARPON SPRINGS, FLORIDA
|
|
Docket Date |
2022-12-08
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Leave To Intervene
|
Description |
Motion For Leave To Intervene ~ MOTION TO RECOGNIZE MORGAN GROUP DEVELOPMENT, LLC AS AN APPELLEE OR, ALTERNATIVELY, TO INTERVENE
|
On Behalf Of |
THE CITY OF TARPON SPRINGS, FLORIDA
|
|
Docket Date |
2022-12-08
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
On Behalf Of |
THE CITY OF TARPON SPRINGS, FLORIDA
|
|
Docket Date |
2022-12-07
|
Type |
Miscellaneous Document
|
Subtype |
Lower Tribunal Insolvency
|
Description |
LOWER TRIBUNAL INSOLVENCY ~ PS CLAY G. COLSON DATED 05/20/2022
|
On Behalf Of |
CLAY G. COLSON
|
|
Docket Date |
2022-11-14
|
Type |
Misc. Events
|
Subtype |
Certificate
|
Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
On Behalf Of |
PINELLAS CLERK
|
|
Docket Date |
2022-11-09
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; pro se
|
|
Docket Date |
2022-11-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-11-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
CLAY G. COLSON
|
|
Docket Date |
2022-11-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF:Not Required
|
|