| Docket Date |
2023-06-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 12, 2023 notice of voluntary dismissal, this case is dismissed. Further, ORDERED that appellant’s January 9, 2023 motion for appellate attorney’s fees is determined to be moot.
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|
| Docket Date |
2023-06-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-06-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2023-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant’s May 16, 2023 motion for extension of time to file reply brief is treated as a motion to stay and is granted. The above-styled appeal is stayed for thirty (30) days from the current due date, so that the parties may finalize their settlement negotiations. If a voluntary dismissal has not been filed by the deadline provided in this order, appellant shall serve the reply brief on that date.
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|
| Docket Date |
2023-05-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2023-04-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2023-04-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s April 28, 2023 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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|
| Docket Date |
2023-04-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ *AMENDED*
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2023-04-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's appendix to the answer 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 text searchable. 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 |
2023-04-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-04-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-04-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-01-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s January 25, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before April 6, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
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|
| Docket Date |
2023-01-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-01-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2023-01-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-12-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 6 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-12-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s December 1, 2022 motion for extension of time is granted in part, and appellant shall serve the initial brief within thirty (30) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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|
| Docket Date |
2022-12-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-10-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/07/2022
|
|
| Docket Date |
2022-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-09-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/7/2022
|
|
| Docket Date |
2022-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL JUDGMENT ENTERED ON SEPTEMBER 7, 2022
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-08-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2,636 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-08
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the clerk of the lower tribunal is directed to respond, within ten (10) days from the date of this order, to appellant’s August 5, 2022 status report.
|
|
| Docket Date |
2022-08-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Non-Receipt of Transcript filed by the clerk of the lower tribunal on August 3, 2022, it is ORDERED that appellant shall file a report, within three (3) days from the date of this order, as to the status of the preparation of the transcript.
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|
| Docket Date |
2022-08-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ Of Non-Receipt Of Transcript
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTION STATEMENT
|
| On Behalf Of |
Cypress Property & Casualty Insurance Company
|
|
| Docket Date |
2022-07-07
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-06-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-06-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2023-01-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 1/25/23)
|
| On Behalf Of |
Merrick Preserve Condominium Association, Inc.
|
|
| Docket Date |
2022-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant’s December 6, 2022 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
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|
| Docket Date |
2022-07-25
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Jurisdiction Relinquished ~ Upon consideration of appellant’s July 7, 2022 jurisdictional brief, it is ORDERED that jurisdiction is relinquished to the trial court for forty-five (45) days for the limited purpose of entering a final order specifically addressing the confirmation of the appraisal award, containing language which indicates that no further judicial labor is needed in the trial court. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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|
| Docket Date |
2022-06-27
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address whether the January 26, 2022 order is a final or nonfinal appealable order, as it appears the order merely denies a motion to vacate the appraisal award and grants a motion to confirm appraisal award without entering a final judgment; and whether the motion for rehearing tolled rendition of the January 26, 2022 order. See Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (“A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary.”); Federated Nat’l Ins. Co. v. Palenzuela, 11 So. 3d 969 (Fla. 3d DCA 2009) (dismissing appeal from an order granting motion to confirm appraisal which did not enter a final judgment); Doukas v. Doukas, 335 So. 3d 218, 219 (Fla. 1st DCA 2022) (“A motion for rehearing is not authorized as to a non-final order, so it does not toll the time for appeal.”). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-06-16
|
| 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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