| Docket Date |
2024-11-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-07-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CARROLL - 972 PAGES REDACTED
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-07-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-06-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEES' RESPONSETO MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
CAPITAL SERVICING COMPANY, LLC
|
|
| Docket Date |
2024-07-17
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2024-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
Appellant's Motion to Continue Oral Argument is granted. The oral argument scheduled for August 13, 2024, is canceled and will be rescheduled for a later date.
|
| View |
View File
|
|
| Docket Date |
2024-06-25
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2024-05-28
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2024-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2024-05-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
30 - RB DUE 05/16/2024
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2024-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB DUE 04/16/2024
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2024-03-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ TOORAK CAPITAL PARTNERS' MOTION FOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2024-02-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CAPITAL SERVICING COMPANY, LLC
|
|
| Docket Date |
2024-02-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ MOTION OF APPELLEE CAPITAL SERVICING COMPANY, LLC FOR ATTORNEY'S FEES ON APPEAL
|
| On Behalf Of |
CAPITAL SERVICING COMPANY, LLC
|
|
| Docket Date |
2024-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 DAYS - AB DUE ON 02/15/24
|
| On Behalf Of |
CAPITAL SERVICING COMPANY, LLC
|
|
| Docket Date |
2023-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60 - AB DUE 01/15/2024
|
| On Behalf Of |
CAPITAL SERVICING COMPANY, LLC
|
|
| Docket Date |
2023-10-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
GR T/ACCEPT BRF FILED AS TIMELY ~ Appellant's motion to accept the brief as timely filed is granted. The initial brief is accepted as timely filed.
|
|
| Docket Date |
2023-10-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2023-10-13
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2023-10-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost ~ APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2023-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 10 - IB DUE 10/12/2023
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2023-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 10/01/2023
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2023-07-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 DAYS - IB DUE ON 08/31/23
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2023-07-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 202 PAGES
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-DENY. RELINQUISH JURISDCTN ~ Appellant's motion to relinquish jurisdiction is denied.
|
|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The trial transcript does not comply with Florida Rule of Appellate Procedure 9.200(d)(2)(B) because the document is not paginated to match the pagination of the master trial index. Within ten days, the clerk of the circuit court shall transmit a trial transcript without the cover pages, index, progress docket, or directions to clerk. While these items are required for the record on appeal pursuant to rule 9.200(d)(1)(A), they are not required for the trial transcript.
|
|
| Docket Date |
2023-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CAPITAL SERVICING COMPANY, LLC
|
|
| Docket Date |
2023-06-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2023-06-16
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2023-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2023-05-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2023-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-12-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellant's Motion for Leave of Court to File Corrected Motion for Rehearing or Clarification is granted.
|
| View |
View File
|
|
| Docket Date |
2024-12-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
CORRECTED MOTION FOR REHEARING OR CLARIFICATION
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2024-12-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION FOR LEAVE OF COURT TO FILE CORRECTED MOTION FOR REHEARING OR CLARIFICATION
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2024-12-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
MOTION FOR REHEARING OR CLARIFICATION
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2025-01-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF UNAVAILABILITY - March 13 - 14, 2025 • April 11 - 18, 2025 • June 2 - 3, 2025 • September 22 - 24, 2025 • October 1 - 2, 2025 • October 6 - 15, 2025
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2024-12-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEES' RESPONSE TO CORRECTED MOTION FOR REHEARING OR CLARIFICATION
|
| On Behalf Of |
CAPITAL SERVICING COMPANY, LLC
|
|
| Docket Date |
2024-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee's "Motion of Appellees for Extension of Time to Respond to Motion for Rehearing and Corrected Motion for Rehearing" is granted until December 30, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-12-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
CAPITAL SERVICING COMPANY, LLC
|
|
| Docket Date |
2024-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Appellee, Capital Servicing Company, LLC, has filed a motion for appellate attorney's fees pursuant to the loan agreement and commercial mortgage, section 59.46, Florida Statutes (2023), and section 57.105(8), Florida Statutes (2023). Appellee's motion is granted in an amount to be determined by the trial court.
The portion of Appellant's motion for appellate attorney's fees seeking attorney's fees is denied. The portion of Appellant's motion for appellate attorney's fees seeking costs is stricken. See Fla. R. App. P. 9.400(a).
|
| View |
View File
|
|
| Docket Date |
2024-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
This case is provisionally set for oral argument on September 4, 2024, at 9:30 AM, before: Judge Edward C. LaRose, Judge Matthew C. Lucas, Judge Suzanne Labrit. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court's website at https://2dca.flcourts.gov. Counsel or parties are requested to make their presence known to court personnel by fifteen minutes prior to the time listed above.
The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.
Please review the notice regarding oral argument in the Second District Court of Appeal that follows this order.
|
| View |
View File
|
|
| Docket Date |
2024-06-20
|
| Type |
Order
|
| Subtype |
Order Setting Oral Argument
|
| Description |
This case is provisionally set for oral argument on August 13, 2024, at 09:30 AM, before: Judge Daniel H. Sleet, Judge Patricia J. Kelly, Judge Matthew C. Lucas. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court's website at https://2dca.flcourts.gov. Counsel or parties are requested to make their presence known to court personnel by fifteen minutes prior to the time listed above.
The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.
Please review the notice regarding oral argument in the Second District Court of Appeal that follows this order.
|
| View |
View File
|
|
| Docket Date |
2023-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
TOORAK CAPITAL PARTNERS, LLC
|
|
| Docket Date |
2023-06-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellee shall serve a response to appellant's motion to relinquish jurisdiction within 15 days of the date of this order.
|
|
| Docket Date |
2023-05-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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