| Docket Date |
2021-06-25
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant’s alternative request for certiorari review is denied. Further, ORDERED that appellant’s April 21, 2021 request for oral argument is denied. Further, ORDERED that appellant’s March 15, 2021 motion for attorney’s fees is granted, conditioned on appellant commencing an arbitration proceeding and the arbitrator determining that appellant is entitled to fees under section 768.79, Florida Statutes, and, if so, setting the amount of 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 motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2021-06-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-04-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
David Allan Ayer
|
|
| Docket Date |
2021-04-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
David Allan Ayer
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that appellant’s April 1, 2021 motion to relinquish jurisdiction is denied. See McNulty v. BankUnited, 140 So. 3d 1041, 1041 (Fla. 3d DCA 2014) (courts grant motions to relinquish sparingly and usually for the accomplishment of ministerial matters).
|
|
| Docket Date |
2021-04-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
J. Alexander's Restaurants, LLC
|
|
| Docket Date |
2021-04-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
J. Alexander's Restaurants, LLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
|
| Docket Date |
2021-04-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
David Allan Ayer
|
|
| Docket Date |
2021-03-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant’s March 25, 2021 reply to response and motion to relinquish jurisdiction is stricken without prejudice to refiling as a stand-alone motion to relinquish.
|
|
| Docket Date |
2021-03-25
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO APPELLANT'S MOTION FOR COSTS AND ATTORNEYS' FEES
|
| On Behalf Of |
J. Alexander's Restaurants, LLC
|
|
| Docket Date |
2021-03-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant’s appendix to the initial 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 was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2021-03-16
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE OF SERVICE OF APPENDIX
|
| On Behalf Of |
David Allan Ayer
|
|
| Docket Date |
2021-03-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
David Allan Ayer
|
|
| Docket Date |
2021-03-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
David Allan Ayer
|
|
| Docket Date |
2021-03-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ MOTION FOR COSTS AND ATTORNEYS' FEES (Response filed 03/25/21)
|
| On Behalf Of |
David Allan Ayer
|
|
| Docket Date |
2021-03-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that appellee’s March 12, 2021 amended verified motion for permission to appear pro hac vice is granted, and Katharine R. Klein, Esquire, is permitted to appear in this appeal as counsel for appellee. Katharine R. Klein, Esquire, is advised that this court does not send paper documents to attorneys and she shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2021-03-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
David Allan Ayer
|
|
| Docket Date |
2021-03-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ AMENDED
|
| On Behalf Of |
J. Alexander's Restaurants, LLC
|
|
| Docket Date |
2021-03-12
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
J. Alexander's Restaurants, LLC
|
|
| Docket Date |
2021-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED
|
| On Behalf Of |
J. Alexander's Restaurants, LLC
|
|
| Docket Date |
2021-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Order to Pay Fee - Motion to appear pro hac vice ~ This court is in receipt of the verified motion for admission to appear pro hac vice filed March 12, 2021, further,ORDERED that Katharine R. Klein, Esq., shall tender the $100 appearance fee required by section 35.22(2)(a), Fla. Stat. (2019), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details.
|
|
| Docket Date |
2021-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
J. Alexander's Restaurants, LLC
|
|
| Docket Date |
2021-03-11
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
| On Behalf Of |
J. Alexander's Restaurants, LLC
|
|
| Docket Date |
2021-03-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s March 11, 2021 motion to appear pro hac vice and notice of appearance are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-03-01
|
| 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 |
2021-03-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-03-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
David Allan Ayer
|
|
| Docket Date |
2021-02-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
David Allan Ayer
|
|
