| Docket Date |
2023-06-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's April 6, 2023 motion for rehearing, rehearing en banc, and certification is denied.
|
|
| Docket Date |
2023-05-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-04-06
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2023-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellee’s December 16, 2022 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Tamar Duffner Shendell is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2023-03-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-01-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2023-01-12
|
| 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 January 11, 2023 motion for extension of time is granted, 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.
|
|
| Docket Date |
2023-01-11
|
| 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 |
Ron Rothstein
|
|
| Docket Date |
2022-12-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
The Port Condominium Association, Inc.
|
|
| Docket Date |
2022-12-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
| On Behalf Of |
The Port Condominium Association, Inc.
|
|
| Docket Date |
2022-12-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
The Port Condominium Association, Inc.
|
|
| Docket Date |
2022-11-29
|
| 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 November 22, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within forty-five (45) days from the date of this order. 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.
|
|
| Docket Date |
2022-11-22
|
| 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 |
The Port Condominium Association, Inc.
|
|
| Docket Date |
2022-10-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2022-10-24
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2022-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that appellee’s September 13, 2022 motion to strike is denied. Further, ORDERED that appellant’s October 17, 2022 amended response is treated as a motion to serve an amended initial brief and appendix, and is granted. Appellant’s amended initial brief and amended appendix are deemed filed as of the date of this order.
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|
| Docket Date |
2022-10-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AMENDED - TO APPELEE'S MOTION TO STRIKE
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2022-10-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee’s September 13, 2022 motion to strike.
|
|
| Docket Date |
2022-09-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
The Port Condominium Association, Inc.
|
|
| Docket Date |
2022-09-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2022-09-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2022-08-30
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED that appellant in the above-styled case is 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 appellant’s initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s July 12, 2022 amended jurisdictional brief, the above-styled appeal is dismissed in part as to the portion of the May 27, 2022 order denying the motion to vacate default. See Int’l House of Pancakes v. Robinson, 124 So. 3d 1004, 1006 (Fla. 4th DCA 2013) (“[T]he order denying the motion to vacate the simple default-where no final judgment has been entered-is not appealable . . . .”). This appeal shall proceed from the portion of the May 27, 2022 order denying the motion to quash service of process. Fla. R. App. P. 9.130(a)(3)(C)(i).GROSS, CONNER and KUNTZ, JJ., concur.
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|
| Docket Date |
2022-07-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s July 11, 2022 jurisdictional brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-07-12
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ AMENDED
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2022-07-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2022-07-11
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ **Stricken**
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2022-06-30
|
| 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 how the portion of the May 27, 2022 order denying the motion to vacate default is appealable, as it appears no default final judgment has been entered by the trial court. See Bank of N.Y. Mellon v. Berry, 209 So. 3d 575 (Fla. 2d DCA 2016); RD & G Leasing, Inc. v. Stebnicki, 626 So. 2d 1002, 1003 (Fla. 3d DCA 1993) (explaining portions of orders that are nonappealable do not “tag along” with portions appealable pursuant to Rule 9.130). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-06-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 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 this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
|
|
| Docket Date |
2022-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ron Rothstein
|
|
| Docket Date |
2022-06-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
