| Docket Date |
2022-06-14
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
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|
| Docket Date |
2022-06-14
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| Type |
Disposition
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| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
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| Docket Date |
2022-05-25
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| Type |
Order
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| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/ROA ~ 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 appellants’ initial brief and the record-on-appeal have 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 initial brief and record-on-appeal are filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2022-05-24
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
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| On Behalf Of |
Johanne Simon
|
|
| Docket Date |
2022-05-04
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| Type |
Order
|
| Subtype |
Order to File Status Report
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| Description |
Order to File Status Report ~ ORDERED that appellants’ May 3, 2022 status report is treated as a notice of settlement. Appellants are directed to file a status report, within twenty (20) days from the date of this order, as to the status of the settlement.
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| Docket Date |
2022-05-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Johanne Simon
|
|
| Docket Date |
2022-04-28
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit Record on Appeal filed by the clerk of the lower tribunal on April 19, 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.
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| Docket Date |
2022-04-19
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
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| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-04-11
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellants’ March 15, 2022 “emergency motion to cancel sale/stay proceedings of lower court until addressed by this court” is denied. See Rsrv. at Wedgefield Homeowners’ v. Dixon, 948 So. 2d 65, 67-68 (Fla. 5th DCA 2007) (holding that the threat of foreclosure proceedings and potential loss of property does not constitute irreparable harm); Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) (“The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment.”).
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| Docket Date |
2022-03-15
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| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
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| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant’s March 15, 2022 request for emergency treatment is denied. “[A]n ‘emergency’ is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm.” Admin. Order No. 2014-1. Dispossession of property and the threat of foreclosure do not constitute irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); Rsrv. at Wedgefield Homeowners’ v. Dixon, 948 So. 2d 65, 67–68 (Fla. 5th DCA 2007) (holding that the threat of foreclosure proceedings and potential loss of property does not constitute irreparable harm); see also B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award); Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) (“The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment.”). The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
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|
| Docket Date |
2022-03-15
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
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| On Behalf Of |
Johanne Simon
|
|
| Docket Date |
2022-03-09
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Johanne Simon
|
|
| Docket Date |
2022-03-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Johanne Simon
|
|
| Docket Date |
2022-02-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ **AMENDED**
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|
| Docket Date |
2022-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Johanne Simon
|
|
| Docket Date |
2022-02-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2022-02-23
|
| 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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