Docket Date |
2022-11-03
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ (RESPONSE FILED 11/08/22)
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2023-04-21
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-04-04
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ March 6, 2023 motion for rehearing is denied.
|
|
Docket Date |
2023-04-04
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-04-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANTS' MOTION FOR REHEARING
|
On Behalf Of |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2023-03-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that appellee’s March 21, 2023 unopposed motion for extension of time is granted, and the time for filing a response to appellants’ motion for rehearing is extended ten (10) days from the date of this order.
|
|
Docket Date |
2023-03-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2023-03-21
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2023-03-06
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2023-03-01
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s August 24, 2022 motion for appellate attorney's fees is granted. On remand, the trial court shall set 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.
|
|
Docket Date |
2023-03-01
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Opinion
|
|
Docket Date |
2022-12-06
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
Docket Date |
2022-11-08
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ORAL ARGUMENT
|
On Behalf Of |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2022-11-04
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant’s November 3, 2022 reply to response is stricken as unauthorized.
|
|
Docket Date |
2022-11-03
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response ~ **Stricken**
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-11-02
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
Order Denying Reconsideration ~ ORDERED that appellants’ October 31, 2022 motion for reconsideration is denied. Fla. R. App. P. 9.300(a); Lurie v. Auto-Owners Ins. Co., 605 So. 2d 1023, 1025 (Fla. 1st DCA 1992) (“Florida Rules of Appellate Procedure do not authorize a reply to a response to a motion . . . .”).
|
|
Docket Date |
2022-10-31
|
Type |
Motions Other
|
Subtype |
Motion for Reconsideration/Rehearing of an Order
|
Description |
Motion For Reconsideration
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-10-31
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ ORDERED that appellants’ September 23, 2022 motion to disqualify appellee’s counsel is denied.
|
|
Docket Date |
2022-10-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANTS' MOTION TO DISQUALIFY APPELLEE COUNSEL
|
On Behalf Of |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2022-10-17
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellants’ September 23, 2022 motion to disqualify appellee’s counsel.
|
|
Docket Date |
2022-09-30
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant's Reply Brief
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-09-30
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-09-23
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellants' September 21, 2022 motion to serve an amended reply brief is granted. Appellants shall file said amended reply brief within ten (10) days from the date of this order.
|
|
Docket Date |
2022-09-23
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO DISQUALIFY APPELLEE'S COUNSEL
|
On Behalf Of |
Pam Stone
|
|
Docket Date |
2022-09-21
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-09-19
|
Type |
Disposition by Order
|
Subtype |
Granted in Part/Denied in Part
|
Description |
ORD-Grant in Part/Deny in Part ~ ORDERED that appellants’ September 14, 2022 motion for leave to file an amended reply brief is granted in part to the extent appellant seeks leave to file an amended reply brief. The motion is denied to the extent appellants seek leave to file the September 14, 2022 proposed amended reply brief, as the brief exceeds the word count limitation prescribed by the Florida Rules of Appellate Procedure. Fla. R. App. P. 9.210(a)(2)(B). Further, ORDERED that appellants’ September 14, 2022 proposed amended reply brief is stricken from the docket. Appellants may file a motion for leave to file an enlarged reply brief or a reply brief in compliance with the word count limitation within ten (10) days from the date of this order.
|
|
Docket Date |
2022-09-14
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant's Reply Brief ~ **Stricken**
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-09-14
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-09-09
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ ORDERED that appellants’ September 8, 2022 amended reply brief is stricken without prejudice to refiling with a motion for leave to amend.
|
|
Docket Date |
2022-09-08
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-09-08
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant's Reply Brief ~ **Stricken**
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-09-05
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-09-05
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-09-02
|
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 August 23, 2022 motion for extension of time to file reply brief is granted. The reply brief was filed August 24, 2022. Appellants are advised that, before October 1, 2022, this court will accept a request for oral argument which contains a request that oral argument, if granted, take place by communication technology. Further, ORDERED that appellant's September 1, 2022 motion to amend the brief is granted, and the amended reply brief filed August 30, 2022 is accepted as filed.
|
|
Docket Date |
2022-09-01
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-08-30
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant's Reply Brief
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-08-24
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2022-08-24
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-08-23
|
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 |
Glen DeCicco
|
|
Docket Date |
2022-07-25
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2022-06-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee’s June 22, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee’s right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
Docket Date |
2022-06-23
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ TO APPELLEE'S MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-06-22
|
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 |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2022-05-23
|
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 May 12, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) 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 |
2022-05-16
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-05-12
|
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 |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2022-04-12
|
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 April 5, 2022 amended motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) 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 |
2022-04-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED
|
On Behalf Of |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2022-04-04
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ **See amended motion**
|
On Behalf Of |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2022-03-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 921 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2022-03-03
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-01-26
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-01-24
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-01-24
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Mallory Creek Homeowners Association, Inc.
|
|
Docket Date |
2022-01-14
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Glen DeCicco
|
|
Docket Date |
2022-01-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-01-14
|
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 |
2022-01-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|