|
J. W. VS DEPARTMENT OF REVENUE AND C. J. D.
|
2D2023-1235
|
2023-06-09
|
Closed
|
|
| Classification |
NOA Final - Administrative - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Administrative Agency
29230002336DR
|
Parties
| Name |
C J D, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
TONI C. BERNSTEIN, S.A.A.G.
|
|
| Name |
DEPARTMENT OF REVENUE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J & W INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LAKEISHA R. SIMMS, ESQ.
|
|
Docket Entries
| Docket Date |
2023-12-13
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-12-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-12-13
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2023-12-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed.
|
|
| Docket Date |
2023-12-01
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellee's answer brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2023-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 11/24/2023
|
| On Behalf Of |
C. J. D.
|
|
| Docket Date |
2023-09-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2023-09-05
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2023-08-18
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index
|
|
| Docket Date |
2023-07-11
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ ORDER GRANTING CIVIL INDIGENT STATUS
|
|
| Docket Date |
2023-06-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
C. J. D.
|
|
| Docket Date |
2023-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CERTIFIED
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2023-06-15
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ FINAL ADMINISTRATIVE PATERNITY AND SUPPORT ORDER
|
|
| Docket Date |
2023-06-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-06-09
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2023-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Administrative Appeal ~ *PATERNITY*
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2023-06-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
dep't of revenue fee order ~ This administrative appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes (2018). The clerk of the circuit court's indigency determination in a different case does not satisfy this order.Appellant shall forward the required $300.00 filing fee or, if applicable, an order of the administrative agency finding appellant insolvent pursuant to section 57.081, Florida Statutes, within forty days from the date of this order. If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.To obtain an order of indigency, appellant should direct inquiries to the Department of Revenue, Child Support Enforcement, attn: Agency Clerk Eureka Jenkins, P.O. Box 8030, Tallahassee, Florida, 32314-8030; phone: 850-617-8611.
|
|
|
|
Vincent West and Monica West, as parents and natural guardians of J.W., a minor, Appellant(s) v. Marsha Tedder, Appellee(s).
|
1D2022-3782
|
2022-11-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Third Judicial Circuit, Suwannee County
20-CA-68
|
Parties
| Name |
Vincent West
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ashley N. Richardson, Marie A. Mattox
|
|
| Name |
Monica West
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
J & W INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Marsha Tedder
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Terry J. Harmon, Matthew Joseph Carson
|
|
| Name |
Hon. David W. Fina
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Suwannee Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2023-01-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 167 pages
|
| On Behalf Of |
Suwannee Clerk
|
|
| Docket Date |
2024-05-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
385 So. 3d 124
|
| View |
View File
|
|
| Docket Date |
2023-07-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Vincent West
|
| View |
View File
|
|
| Docket Date |
2023-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief 14 days/RB 14 days 7/19/23
|
| On Behalf Of |
Vincent West
|
|
| Docket Date |
2023-06-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Marsha Tedder
|
|
| Docket Date |
2023-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
AB 30 days/ AB 30 days 6/5/23
|
| On Behalf Of |
Marsha Tedder
|
| View |
View File
|
|
| Docket Date |
2023-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
AB 30 days/ AB 30 days
|
| On Behalf Of |
Marsha Tedder
|
|
| Docket Date |
2023-03-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Vincent West
|
|
| Docket Date |
2023-02-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 62 pages - Supplement 1
|
| On Behalf Of |
Suwannee Clerk
|
|
| Docket Date |
2023-01-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Grant Suppl Rcd-Transmit/brf EOT ~ The Court grants Appellants’ motion, filed on January 26, 2023, seeking to supplement the record on appeal with the transcripts of the hearings held on February 2, 2022 and October 12, 2022. Counsel for movant shall ensure preparation and transmittal of the supplemental record by the clerk of the lower tribunal on or before March 1, 2023.The Court extends time for service of the initial brief to seven days following transmittal of the supplemental record.
|
|
| Docket Date |
2023-01-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ and for extension of time to file IB
|
| On Behalf Of |
Vincent West
|
|
| Docket Date |
2023-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Vincent West
|
|
| Docket Date |
2022-11-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
| On Behalf Of |
Vincent West
|
|
| Docket Date |
2022-11-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of November 18, 2022.
|
|
| Docket Date |
2022-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ orders appealed attached
|
| On Behalf Of |
Vincent West
|
|
|
|
J. W. VS DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES, DIVISION OF LICENSING
|
2D2021-3829
|
2021-12-13
|
Closed
|
|
| Classification |
NOA Final - Administrative - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Administrative Agency
CONFIDENTIAL
|
Parties
| Name |
J & W INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
AMA N. APPIAH, ESQ.
|
|
| Name |
DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES, DIVISION OF LICENSING
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nina L. Moody, Esq.
|
|
Docket Entries
| Docket Date |
2022-02-14
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-02-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-02-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2022-02-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ NOTICE OF VOLUNTARY DISMISSAL OF DIRECT APPEAL
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2022-01-28
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index
|
|
| Docket Date |
2022-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Determine Confidentiality
|
| Description |
ORD-GRANT. CONFIDENTIALITY ~ Appellee's motion to determine confidentiality of court records filed in this administrative appeal is granted. Personal identifying information of the appellant, including appellant's name, will be held as confidential. See § 790.0601, Fla. Stat. (2020); Fla. R. Gen. Prac. & Jud. Admin. 2.420(c)(8). Appellant shall be referred to as J.W. Only the parties and their counsel, the judges of the court, the staff of the judges to which this case is assigned, and as necessary the court's clerical staff may view the information determined as confidential by this order. This court's administrative file and the court docket are determined not to be confidential. The court finds that no less restrictive measure is available to protect the confidentiality of these items and that the degree, duration, and manner of confidentiality ordered herein are no broader than necessary to protect such confidentiality.It is further ordered that, within 10 days from the date of this order, the clerk shall post a copy of this order on the clerk's website for a period of 30 days to provide public notice.Future filings by the parties should either be redacted or accompanied by a notice of confidential information within court filing to protect the information determined to be confidential by this order.
|
|
| Docket Date |
2021-12-20
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES, DIVISION OF LICENSING
|
|
| Docket Date |
2021-12-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2021-12-20
|
| Type |
Motions Other
|
| Subtype |
Motion to Determine Confidentiality
|
| Description |
Motion to Determine Confidentiality of Court Records ~ MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS
|
|
| Docket Date |
2021-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
counsel substitution ~ Pursuant to the filing of the notice of substitution of counsel, Attorney Nina L. Moody is substituted as Appellee's counsel of record and Attorney Stephen Hurm is relieved of further appellate responsibilities.
|
|
| Docket Date |
2021-12-20
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2021-12-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2021-12-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
F. H. VS J. W.
|
2D2021-3767
|
2021-12-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Family - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2014DR009522XXFDFD
|
Parties
| Name |
F & H COMPANY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
J & W INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SUSAN M. HELMS, ESQ.
|
|
| Name |
HONORABLE STEVE D. BERLIN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-18
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-02-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ LaRose, Khouzam, and Smith
|
|
| Docket Date |
2022-02-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss/no fee/order of insolvency ~ This appeal is dismissed because of the appellant's failure to satisfy this court’s December 7, 2021, fee order.
|
|
| Docket Date |
2021-12-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-12-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se
|
|
| Docket Date |
2021-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER. **PATERNITY**
|
| On Behalf Of |
F. H.
|
|
| Docket Date |
2021-12-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
|
|
JULIE GODDARD, AS GUARDIAN OF THE PROPERTY FOR J. W. VS J. S. J. UNLIMITED, LLC, AND JOSE MEJIA-HERNANDEZ
|
2D2021-2879
|
2021-09-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2019CA-003874
|
Parties
| Name |
J & W INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JULIE GODDARD
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
WILLIAM T. DRISCOLL, ESQ., BRENT R. BIGGER, ESQ., LANDIS V. CURRY, I I I, ESQ.
|
|
| Name |
J.S.J. UNLIMITED, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KARI A. METZGER, ESQ., JOSEPH T. METZGER, ESQ.
|
|
| Name |
JOSE MEJIA-HERNANDEZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. CATHERINE L. COMBEE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2021-12-21
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 2ND TRANSCRIPT - REDACTED - 1707 PAGES
|
|
| Docket Date |
2021-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 1/15/22
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ Transferred to 6th DCA
|
|
| Docket Date |
2022-06-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2022-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENION OF TIME//24 - RB DUE 6/30/22
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2022-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Appellees’ motion to strike is granted. The answer brief is stricken. The amended answer brief is accepted as filed.
|
|
| Docket Date |
2022-05-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Contrary to the statement in Appellees' motion to strike, an amended answerbrief has not been filed. Appellees shall file an amended brief within five days. Themotion to strike remains pending.
|
|
| Docket Date |
2022-05-05
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee Answer Brief
|
| On Behalf Of |
J. S. J. UNLIMITED, LLC
|
|
| Docket Date |
2022-04-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Florida Rule of Appellate Procedure 9.045 requires a certificate of compliance to indicate that the document complies with the font and applicable word count limits specified in the appellate rules. Appellees’ answer brief does not contain a certificate of compliance with the word count limits. Appellees shall file an amended brief within ten days from the date of this order and shall file with the brief a motion to strike the brief previously filed.
|
|
| Docket Date |
2022-04-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ MOTION TO STRIKE ANSWER BRIEF
|
| On Behalf Of |
J. S. J. UNLIMITED, LLC
|
|
| Docket Date |
2022-04-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
J. S. J. UNLIMITED, LLC
|
|
| Docket Date |
2022-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 4/20/22
|
| On Behalf Of |
J. S. J. UNLIMITED, LLC
|
|
| Docket Date |
2022-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 3/19/22
|
| On Behalf Of |
J. S. J. UNLIMITED, LLC
|
|
| Docket Date |
2022-01-28
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ SUPPLEMENTAL VOL. 3; 1 FLASHDRIVE (located in vault)
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2022-01-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2022-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2021-12-02
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ REDACTED - 9 PAGES
|
|
| Docket Date |
2021-11-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ COMBEE - REDACTED - 5141 PAGES
|
|
| Docket Date |
2021-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 12/16/21
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2021-09-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ REPORTER'S ACKNOWLEDGMENT
|
|
| Docket Date |
2021-09-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2021-09-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-09-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2021-09-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
JULIE GODDARD, AS GUARDIAN OF THE PROPERTY FOR J. W. VS J. S. J. UNLIMITED, LLC, AND JOSE MEJIA-HERNANDEZ
|
6D2023-0085
|
2021-09-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2019CA-003874
|
Parties
| Name |
J & W INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JULIE GODDARD
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
WILLIAM T. DRISCOLL, ESQ., BRENT R. BIGGER, ESQ., LANDIS V. CURRY, I I I, ESQ.
|
|
| Name |
JOSE MEJIA-HERNANDEZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
J.S.J. UNLIMITED, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KARI A. METZGER, ESQ., JOSEPH T. METZGER, ESQ.
|
|
| Name |
HON. CATHERINE L. COMBEE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
STACY BUTTERFIELD, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
| Docket Date |
2022-01-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2021-12-21
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 2ND TRANSCRIPT - REDACTED - 1707 PAGES
|
|
| Docket Date |
2023-09-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-09-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-08-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-06-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2022-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENION OF TIME//24 - RB DUE 6/30/22
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2022-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Appellees’ motion to strike is granted. The answer brief is stricken. The amended answer brief is accepted as filed.
|
|
| Docket Date |
2022-05-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Contrary to the statement in Appellees' motion to strike, an amended answerbrief has not been filed. Appellees shall file an amended brief within five days. Themotion to strike remains pending.
|
|
| Docket Date |
2022-05-05
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee Answer Brief
|
| On Behalf Of |
J. S. J. UNLIMITED, LLC
|
|
| Docket Date |
2022-04-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Florida Rule of Appellate Procedure 9.045 requires a certificate of compliance to indicate that the document complies with the font and applicable word count limits specified in the appellate rules. Appellees’ answer brief does not contain a certificate of compliance with the word count limits. Appellees shall file an amended brief within ten days from the date of this order and shall file with the brief a motion to strike the brief previously filed.
|
|
| Docket Date |
2022-04-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ MOTION TO STRIKE ANSWER BRIEF
|
| On Behalf Of |
J. S. J. UNLIMITED, LLC
|
|
| Docket Date |
2022-04-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
J. S. J. UNLIMITED, LLC
|
|
| Docket Date |
2022-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 4/20/22
|
| On Behalf Of |
J. S. J. UNLIMITED, LLC
|
|
| Docket Date |
2022-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 3/19/22
|
| On Behalf Of |
J. S. J. UNLIMITED, LLC
|
|
| Docket Date |
2022-01-28
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ SUPPLEMENTAL VOL. 3; 1 FLASHDRIVE (located in vault)
|
| On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
| Docket Date |
2022-01-18
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2021-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 1/15/22
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2021-12-02
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ REDACTED - 9 PAGES
|
|
| Docket Date |
2021-11-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ COMBEE - REDACTED - 5141 PAGES
|
|
| Docket Date |
2021-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 12/16/21
|
| On Behalf Of |
JULIE GODDARD
|
|
| Docket Date |
2021-09-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ REPORTER'S ACKNOWLEDGMENT
|
|
| Docket Date |
2021-09-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2021-09-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-09-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-09-17
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
JULIE GODDARD
|
|
|
|
J. W. VS STATE OF FLORIDA
|
2D2019-1262
|
2019-04-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
CF18-005464-XX
|
Parties
| Name |
J & W INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Stephania Anna Valantasis, A.P.D., HOWARD L. DIMMIG, I I, P. D., LISA B. LOTT, A.P.D.
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, Katie Lynn Salemi - Ashby, A.A.G.
|
|
| Name |
HONORABLE WAYNE DURDEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-04-27
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order
|
| Description |
Order per Art. I, s. 16(b)(10)(b), Fla. Const.
|
|
| Docket Date |
2021-04-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-03-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ and remanded.
|
|
| Docket Date |
2020-09-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2020-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's second motion for extension of time is granted, and the answer brief shall be served within 30 days from the date of this order. No other extensions of time to file briefs will be entertained by this court.
|
|
| Docket Date |
2020-08-17
|
| 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 |
STATE OF FLORIDA
|
|
| Docket Date |
2020-07-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 30 days from the date of this order.
|
|
| Docket Date |
2020-07-14
|
| 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 |
STATE OF FLORIDA
|
|
| Docket Date |
2020-06-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ DUPLICATE
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2020-06-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 10 days from the date of this order.
|
|
| Docket Date |
2020-06-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2020-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2020-05-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-STRICKEN ~ Counsel for appellant has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there are no issues of arguable merit in this case. This court has identified arguable claims related to the sufficiency of the factual basis to support the plea and the plea process that must be briefed. The Anders brief is therefore stricken. See In re Anders Briefs, 581 So. 2d 149, 151 (Fla. 1991). Within twenty days from the date of this order, appellant's counsel shall file an initial brief addressing the merits of the issues as described in this order. Appellee shall file an answer brief within twenty days after the filing of appellant's initial brief, and within ten days of the filing of the answer, appellant may file a reply. Either party may seek leave to supplement the record on appeal if it is necessary to do so. Mr. Whitenight was charged with and pleaded no contest to single felony counts of resting arrest with violence and battery on a law enforcement officer and the misdemeanor count of driving without a driver license. Mr. Whitenight is limited on the issues that might provide him relief because he did not reserve any issues for appeal. See Fla. R. App. P. 9.140(2); Fla. R. Crim. P. 3.170. However, entering a plea on any charge to which there is no factual basis constitutes a fundamental error. Dydek v. State, 400 So. 2d 1255, 1257-58 (Fla. 2d DCA 1981). This is true even where defense counsel stipulates to the existence of a factual basis. Id. In this case, the misdemeanor charge was alleged to have been committed outside the presence of the officers, and Mr. Whitenight was therefore given a citation and notice to appear. See § 901.15, Fla. Stat. (2018); Marshall v. State, 354 So. 2d 107, 108 (Fla. 2d DCA 1978) ("Since the arresting officer had no warrant and there was no evidence that Eddie Ruth Marshall had committed even a misdemeanor [of driving without a license] in his presence, the arrest of Ms. Marshall was unlawful."). According to the police report, which was relied upon as supplying a factual basis at the plea hearing, the acts of resisting and battery occurred after an officer informed Mr. Whitenight that he needed to accompany them and Mr. Whitenight refused. Accordingly, counsel for appellant is directed to prepare a brief that addresses the following questions:(1)Whether the police report established a sufficient factual basis with respect to the lawful execution or performance element on the charges of battery of a law enforcement officer and the resisting arrest with violence in light of the facts surrounding the decision to take Mr. Whitenight into custody stated in the report and any other considerations counsel deems relevant. Consideration should be given to the relevant language in sections 873.01 and .02, Fla. Stat. (2018), and the enhancement language in section 784.07(2), Fla. Stat. (2018), and the operation of section 776.051(1), Fla. Stat. (2018), on the State's burden to establish that element in relation to each charge. Briefing may include but is not limited to a discussion of Tillman v. State, 934 So. 2d 1263, 1270 n.4 (Fla. 2006); Lobb v. State, 290 So. 3d 591, 596 (Fla. 2d DCA 2020); White v. State, 170 So. 3d 77, 78 (Fla. 2d DCA 2015); Sinquefield v. State, 1 So. 3d 370, 372 n.2 (Fla. 2d DCA 2009); C.B. v. State, 979 So. 2d 391, 394 (Fla. 2d DCA 2008); C.W. v. State, 76 So. 3d 1093, 1096 (Fla. 3d DCA 2011); Tilus v. State, 121 So. 3d 1145, 1150–51 (Fla. 4th DCA 2013); State v. A.R.R., 113 So. 3d 942, 945 (Fla. 5th DCA 2013); Motes v. State, 37 So. 3d 301, 303 (Fla. 4th DCA 2010); and Johnson v. State, 989 So. 2d 1228, 1229 (Fla. 4th DCA 2008).(2)If the factual basis was inadequate in any way, can this court reach this issue in the context of a plea with no reservation of any issue and about which no motion to withdraw plea was filed?
|
|
| Docket Date |
2019-12-12
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
rule 3.800(b)(2) supp. record rec'd ~ This court has received the supplemental record prepared by the circuit court clerk pursuant to Florida Rule of Appellate Procedure 9.140(f)(6).
|
|
| Docket Date |
2019-12-04
|
| Type |
Order
|
| Subtype |
Anders Order
|
| Description |
anders order for pro se brief ~ Counsel for appellant has filed appellant's brief asserting no arguable merit in this case. Appellant may within thirty days, if (s)he wishes to do so, file with this court an additional brief calling the court's attention to any matters (s)he feels should be considered in connection with this appeal, and shall at the same time serve a copy of the brief on appellee, which is Attorney General, 3507 E. Frontage Road, Suite 200, Tampa, Florida, 33607, and appellant's counsel, and certify on the original that a copy has been served on such offices.
|
|
| Docket Date |
2019-12-03
|
| Type |
Brief
|
| Subtype |
Anders Brief
|
| Description |
Anders Brief ~ **STRICKEN**
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2019-11-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 36 PAGES
|
|
| Docket Date |
2019-10-29
|
| Type |
Order
|
| Subtype |
Order re 3.800(b)(2) Motion
|
| Description |
rule 3.800(b)(2) notice ~ Appellant has filed a notice of pending motion to correct sentencing error pursuant to Florida Rule of Criminal Procedure 3.800(b)(2). The trial court clerk shall forward to this court a supplemental record according to the time standards of Florida Rule of Appellate Procedure 9.140(f)(6). The parties shall notify this court in writing if the supplemental record is not timely transmitted.
|
|
| Docket Date |
2019-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Pending Motion Correct Sentencing Error
|
| Description |
Notice of Pending Motion to Correct Sentencing Error
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2019-09-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days from the date of this order.
|
|
| Docket Date |
2019-09-04
|
| 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 |
J. W.
|
|
| Docket Date |
2019-07-02
|
| 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 |
J. W.
|
|
| Docket Date |
2019-07-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days from the date of this order.
|
|
| Docket Date |
2019-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
J. W.
|
|
| Docket Date |
2019-05-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ DURDEN - REDACTED - 65 PAGES
|
|
| Docket Date |
2019-04-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2019-04-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
J. W.
|
|
|
