| Docket Date |
2020-08-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that the August 8, 2020 joint motion to dismiss is granted, and the above–styled appeal is dismissed.
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|
| Docket Date |
2020-08-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-08-10
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ "JOINT"
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2020-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that the July 9, 2020 Joint Notice Regarding Settlement and Motion to Relinquish Jurisdiction is granted to the extent stated in this order. Jurisdiction is relinquished to the circuit court for thirty (30) days from the date of this order for the purpose of allowing the circuit court to vacate the judgment on appeal. Within seven (7) days of the circuit court's entry of an order vacating the judgment on appeal, a joint motion to dismiss shall be filed in this court. Further, ORDERED that the oral argument scheduled in this case for July 14, 2020 is cancelled.
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|
| Docket Date |
2020-07-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ JOINT NOTICE REGARDING SETTLEMENT ANDMOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2020-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ #1
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2020-06-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ TO THE COURT
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2020-06-15
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument ~ Given the evolving situation surrounding the COVID-19 virus, the in-person oral arguments now scheduled at the Court on July 14, 2020 are cancelled. So as not to delay the disposition of the cases, the court will conduct oral argument through Zoom video conference on that date. The week before oral argument the Clerk of the Court will provide connection instructions. Should both parties file a stipulation by noon on June 22, 2020 that they waive oral argument, the court will then decide the case based upon the briefs. If the parties do not stipulate to waive oral argument, then they shall file a notice by noon on June 22, 2020 which: (1) identifies the attorneys who will be arguing the case; and (2) provides the direct contact information for those attorneys.
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|
| Docket Date |
2020-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2020-05-26
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellees’ May 21, 2020 motion seeking to correct a misstatement, and further seeking to allow a corrected answer brief and amended 20 page reply brief is denied.
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|
| Docket Date |
2020-05-21
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ SEEKING TO CORRECT A MISSTATEMENT, AND FURTHERSEEKING TO ALLOW A CORRECTED ANSWER BRIEF ANDAMENDED 20 PAGE REPLY BRIEF
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2020-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on July 14, 2020, at 10:00 A.M. for 15 minutes per side. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Given the evolving situation surrounding the COVID-19 virus, the court may reschedule this oral argument or conduct oral argument by remote means.Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
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|
| Docket Date |
2020-05-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2020-04-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 5/16/20.
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|
| Docket Date |
2020-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2020-04-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellees’ April 2, 2020 motion to serve an amended brief is granted, and the proposed amended answer brief is deemed filed.
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|
| Docket Date |
2020-04-02
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2020-04-02
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2020-04-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ AMENDED ANSWER BRIEF FILED.
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2020-04-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2020-03-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/8/20.
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|
| Docket Date |
2020-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2020-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2020-01-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 3/9/20.
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|
| Docket Date |
2019-12-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED.
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2019-12-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the 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 bookmarked in compliance with Rule 9.220(c)(3) and contains condensed transcripts. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2019-12-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2019-12-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2019-12-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2019-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2019-11-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 18 DAYS TO 12/9/19.
|
|
| Docket Date |
2019-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2019-11-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 11/21/19.
|
|
| Docket Date |
2019-10-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (6658 PAGES)
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2019-07-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 11/1/19
|
|
| Docket Date |
2019-07-16
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
JOSEPH MENARD
|
|
| Docket Date |
2019-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ AMENDED.
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2019-07-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on July 11, 2019. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
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|
| Docket Date |
2019-07-12
|
| 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.
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|
| Docket Date |
2019-07-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PORT ST. LUCIE RETIREMENT INVESTORS, LLC
|
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