| Docket Date |
2023-07-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ June 12, 2023 motion for rehearing is denied.
|
|
| Docket Date |
2023-06-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' MOTION FOR REHEARING
|
| On Behalf Of |
Westview Community Cemetery of Pompano Beach, Inc.
|
|
| Docket Date |
2023-06-12
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Edward Phillips
|
|
| Docket Date |
2023-05-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-02-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Edward Phillips
|
|
| Docket Date |
2023-02-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Edward Phillips
|
|
| Docket Date |
2023-02-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 02/23/2023
|
|
| Docket Date |
2023-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder ~ IN AND ADOPTION OF ANSWER BRIEF
|
| On Behalf Of |
Westview Community Cemetery of Pompano Beach, Inc.
|
|
| Docket Date |
2023-01-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **See Notice of Joinder filed 1/9/23**
|
| On Behalf Of |
Westview Community Cemetery of Pompano Beach, Inc.
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 1/9/2023
|
|
| Docket Date |
2022-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Westview Community Cemetery of Pompano Beach, Inc.
|
|
| Docket Date |
2022-11-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ APPELLEES' JOINT NOTICE OF AGREED EXTENSION
|
| On Behalf Of |
Westview Community Cemetery of Pompano Beach, Inc.
|
|
| Docket Date |
2022-10-24
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Edward Phillips
|
|
| Docket Date |
2022-10-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ Amended
|
| On Behalf Of |
Edward Phillips
|
|
| Docket Date |
2022-10-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants’ October 13, 2022 motion for extension of time is granted. Appellants shall file the amended appendix within five (5) days from the date of this order.
|
|
| Docket Date |
2022-10-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE AMENDED APPENDIX
|
| On Behalf Of |
Westview Community Cemetery of Pompano Beach, Inc.
|
|
| Docket Date |
2022-10-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **Stricken**
|
| On Behalf Of |
Edward Phillips
|
|
| Docket Date |
2022-08-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 10/08/2022
|
|
| Docket Date |
2022-08-22
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Westview Community Cemetery of Pompano Beach, Inc.
|
|
| Docket Date |
2022-08-19
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 447 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-17
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record on appeal has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-08-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ August 1, 2022 status report is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-08-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **Stricken**
|
| On Behalf Of |
Westview Community Cemetery of Pompano Beach, Inc.
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on July 8, 2022, it is ORDERED that appellants shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2022-07-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ Dismissal with Prejudice in Favor of Defendant Westview Community Cemetery of Pompano Beach, Inc.
|
| On Behalf Of |
Westview Community Cemetery of Pompano Beach, Inc.
|
|
| Docket Date |
2022-07-08
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-06-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Edward Phillips
|
|
| Docket Date |
2022-06-21
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellants shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) (“An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.”).ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2022-06-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Edward Phillips
|
|
| Docket Date |
2022-10-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants’ 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 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. Further, ORDERED that appellants’ initial brief brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the arguments for review are not written out in the Table of Contents. An amended initial brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2022-10-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **Stricken**
|
| On Behalf Of |
Edward Phillips
|
|
| Docket Date |
2022-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Westview Community Cemetery of Pompano Beach, Inc.
|
|
| Docket Date |
2022-08-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ August 19, 2022 status report is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does 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.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-06-17
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
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