JANE ALLEN, LLC

Classification	NOA Final - Circuit Probate - Probate
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Seventeenth Judicial Circuit, Broward County PRC-15-005542

Parties

Name	JANE ALLEN, LLC
Role	Appellant
Status	Active
Representations	Amanda Haberman, Liliana Loebl
Name	ESTATE OF JAY E. ALLEN
Role	Appellee
Status	Active
Representations	Daniel Keil, David M Mcdonald
Name	HON. LISA WALSH
Role	Judge/Judicial Officer
Status	Active
Name	Hon. Charles M. Greene
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Broward
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2020-06-19
Type	Mandate
Subtype	Mandate
Description	Mandate
Docket Date	2020-06-19
Type	Misc. Events
Subtype	West Publishing
Description	West Publishing
Docket Date	2020-06-02
Type	Order
Subtype	Order on Motion For Attorney's Fees
Description	Deny Attorney's Fees ~ ORDERED that appellant's May 8, 2020 motion for rehearing is denied. Further ORDERED that the Court sua sponte withdraws its April 22, 2020 order denying appellant's motion for attorney's fees and costs and substitutes the following: ORDERED that appellant's November 11, 2019 motion for appellate attorney's fees is denied. See Fla. R. App. P. 9.400(b); United Services Auto. Ass'n v. Phillips, 775 So. 2d 921, 922 (Fla. 2000) ("We interpret this language to require that a party seeking attorney's fees in an appellate court must provide substance and specify the particular contractual, statutory, or other substantive basis for an award of fees on appeal. It is simply insufficient for parties to only refer to rule 9.400 or to rely on another court's order in support of a motion for attorney's fees for services rendered in an appellate court."). Further, ORDERED that appellant's motion for costs is denied without prejudice to refile this motion in the trial court. See Fla. R. App. P. 9.400(a); Vella v. Vella, 691 So. 2d 612, 612 (Fla. 4th DCA 1997) ("Florida Rule of Appellate Procedure 9.400(a) expressly provides that the authority to tax costs in favor of the prevailing party is vested in the trial court, not this court, upon motion served within thirty days after issuance of the mandate.”).
Docket Date	2020-05-07
Type	Post-Disposition Motions
Subtype	Motion for Rehearing
Description	Motion For Rehearing
On Behalf Of	JANE ALLEN
Docket Date	2020-04-22
Type	Disposition by Opinion
Subtype	Reversed
Description	Reversed - Authored Opinion
Docket Date	2020-04-22
Type	Order
Subtype	Order on Motion For Attorney's Fees
Description	Deny Attorney's Fees ~ ORDERED that appellee’s October 25, 2019 motion for attorney's fees is denied.
Docket Date	2019-11-25
Type	Brief
Subtype	Reply Brief
Description	Appellant's Reply Brief
On Behalf Of	JANE ALLEN
Docket Date	2019-11-25
Type	Order
Subtype	Order Dispensing with Oral Argument
Description	ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
Docket Date	2019-11-12
Type	Motions Relating to Attorney Fees/Costs
Subtype	Motion For Attorney's Fees
Description	Motion For Attorney's Fees
On Behalf Of	JANE ALLEN
Docket Date	2019-10-25
Type	Brief
Subtype	Answer Brief
Description	Appellee's Answer Brief
On Behalf Of	ESTATE OF JAY E. ALLEN
Docket Date	2019-10-25
Type	Motions Relating to Oral Argument
Subtype	Motion/Request for Oral Argument
Description	Request for Oral Argument
On Behalf Of	ESTATE OF JAY E. ALLEN
Docket Date	2019-10-25
Type	Motions Relating to Attorney Fees/Costs
Subtype	Motion For Attorney's Fees
Description	Motion For Attorney's Fees
On Behalf Of	ESTATE OF JAY E. ALLEN
Docket Date	2019-10-08
Type	Brief
Subtype	Initial Brief
Description	Initial Brief on Merits
On Behalf Of	JANE ALLEN
Docket Date	2019-09-05
Type	Notice
Subtype	Notice of Agreed Extension of Time - Initial Brief
Description	Notice of Agreed Extension - Initial Brief
On Behalf Of	JANE ALLEN
Docket Date	2019-09-05
Type	Order
Subtype	Order on Agreed Extension of Time
Description	Recognizing Agreed Extension of Time ~ 20 DAYS TO 10/8/19
Docket Date	2019-08-27
Type	Record
Subtype	Record on Appeal
Description	Received Records ~ 3 PAGES ***CONFIDENTIAL***
On Behalf Of	Clerk - Broward
Docket Date	2019-07-25
Type	Misc. Events
Subtype	Case Filing Fee Paid through Portal
Description	Case Filing Fee Paid Through Portal
On Behalf Of	JANE ALLEN
Docket Date	2019-07-15
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
Docket Date	2019-07-15
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	2019-07-12
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed
On Behalf Of	JANE ALLEN
Docket Date	2019-07-12
Type	Misc. Events
Subtype	Fee Status
Description	FP:Fee Paid Through Portal

Classification	NOA Final - Circuit Probate - Probate
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Seventeenth Judicial Circuit, Broward County PRC-15-005542

Parties

Name	JANE ALLEN, LLC
Role	Appellant
Status	Active
Representations	Liliana Loebl, Amanda Haberman
Name	ESTATE OF JAY E. ALLEN
Role	Appellee
Status	Active
Representations	David M Mcdonald, Daniel Keil
Name	Hon. Charles M. Greene
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Broward
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2018-12-17
Type	Brief
Subtype	Reply Brief
Description	Appellant's Reply Brief
On Behalf Of	JANE ALLEN
Docket Date	2019-01-17
Type	Order
Subtype	Order on Motion For Attorney's Fees
Description	Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee's November 2, 2018 motion for attorney's fees is granted. On remand, the trial court shall set 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 January 16, 2019 motion for attorney’s fees and/or remand is determined to be moot. Further,ORDERED that upon consideration of appellee’s November 2, 2018 response, the appellant’s October 18, 2018 motion for appellate attorney fees and costs is denied.
Docket Date	2019-01-16
Type	Motions Relating to Attorney Fees/Costs
Subtype	Motion For Attorney's Fees
Description	Motion For Attorney's Fees ~ **MOOT. SEE 01/17/2019 ORDER.**
On Behalf Of	ESTATE OF JAY E. ALLEN
Docket Date	2019-01-15
Type	Disposition
Subtype	Dismissed
Description	Dismissed - Order by Judge
Docket Date	2019-01-15
Type	Disposition by Order
Subtype	Dismissed
Description	ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED, sua sponte, that the above-styled case is dismissed for lack of jurisdiction. Because the order appealed contemplates additional judicial labor, it is not a final order. See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974); Alexopoulos v. Gordon Hargrove & James, P.A., 109 So. 3d 248, 250 (Fla. 4th DCA 2013). We decline to exercise certiorari review because the requirements for certiorari review have not been met. See Allstate Ins. Co. v. Total Rehab & Med. Centers, Inc., 123 So. 3d 1162, 1163 (Fla. 4th DCA 2013). The appeal is also untimely as a non-final appeal because the motion for rehearing did not toll the time for filing an appeal. See Fla. R. App. P. 9.020(i); Wagner v. Bieley, Wagner & Assocs., 263 So. 2d 1 (Fla. 1972).GERBER, C.J., GROSS and LEVINE, JJ., concur.
Docket Date	2019-01-10
Type	Response
Subtype	Response
Description	Response to Order to Show Cause
On Behalf Of	JANE ALLEN
Docket Date	2019-01-07
Type	Order
Subtype	Order Dispensing with Oral Argument
Description	ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
Docket Date	2018-12-21
Type	Order
Subtype	Order to Show Cause
Description	Order to Show Cause ~ ORDERED that the appellant shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why this appeal should not be dismissed for lack of appellate jurisdiction. Appellant shall address why the appealed order is not a non-final, non-appealable order in that it states: “If the parties are unable to agree on the discount rate, either may seek an evidentiary hearing on that issue.” See S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”); cf. Alexopoulos v. Gordon Hargrove & James, P.A., 109 So. 3d 248, 250 (Fla. 4th DCA 2013) (“Orders awarding attorneys’ fees are only final and therefore appealable once the trial court has set the amount of those fees.”).
Docket Date	2018-11-27
Type	Motions Relating to Oral Argument
Subtype	Motion/Request for Oral Argument
Description	Request for Oral Argument
On Behalf Of	ESTATE OF JAY E. ALLEN
Docket Date	2018-11-27
Type	Brief
Subtype	Answer Brief
Description	Appellee's Answer Brief
On Behalf Of	ESTATE OF JAY E. ALLEN
Docket Date	2018-11-13
Type	Motions Extensions
Subtype	Motion for Extension of Time to Serve Answer Brief
Description	Mot. for Extension of time to file Answer Brief ~ **MOOT. NOTICE OF AGREED EOT FILED.**
On Behalf Of	ESTATE OF JAY E. ALLEN
Docket Date	2018-11-13
Type	Order
Subtype	Order
Description	ORD-Moot ~ ORDERED that the appellee's November 13, 2018 motion for extension of time is determined to be moot. See the November 13, 2018 notice of agreed extension of time to serve answer brief.
Docket Date	2018-11-13
Type	Notice
Subtype	Notice of Agreed Extension of Time - Answer Brief
Description	Notice of Agreed Extension - Answer Brief
On Behalf Of	ESTATE OF JAY E. ALLEN
Docket Date	2018-11-02
Type	Response
Subtype	Response
Description	Response ~ TO MOTION FOR APPELLANT/PETITIONER ATTORNEY'S FEES AND COSTS
On Behalf Of	ESTATE OF JAY E. ALLEN
Docket Date	2018-11-02
Type	Motions Relating to Attorney Fees/Costs
Subtype	Motion For Attorney's Fees
Description	Motion For Attorney's Fees ~ **GRANTED. SEE 01/17/2019 ORDER.**
On Behalf Of	ESTATE OF JAY E. ALLEN
Docket Date	2018-10-18
Type	Motions Relating to Attorney Fees/Costs
Subtype	Motion For Attorney's Fees
Description	Motion For Attorney's Fees ~ **DENIED. SEE 01/17/2019 ORDER.** **RESPONSE FILED 11/02/2018**
On Behalf Of	JANE ALLEN
Docket Date	2018-10-18
Type	Brief
Subtype	Initial Brief
Description	Initial Brief on Merits
On Behalf Of	JANE ALLEN
Docket Date	2018-09-28
Type	Record
Subtype	Record on Appeal
Description	Received Records ~ 396 PAGES (PAGES 1-385)
Docket Date	2018-08-14
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	2018-08-14
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
Docket Date	2018-08-13
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed
On Behalf Of	JANE ALLEN
Docket Date	2018-08-13
Type	Misc. Events
Subtype	Fee Status
Description	A3:Paid In Full - $300