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CAMBRIDGE AT ABERDEEN HOMEOWNERS ASSOCIATION, INC., Petitioner(s) v. ABERDEEN PROPERTY OWNERS ASSOCIATION, INC. and ABERDEEN GOLF & COUNTRY CLUB, INC., Respondent(s).
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4D2023-2114
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2023-08-31
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Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
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| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2019CA001746
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Parties
| Name |
CAMBRIDGE AT ABERDEEN HOMEOWNERS ASSOCIATION, INC.
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| Role |
Petitioner
|
| Status |
Active
|
| Representations |
James Burnham
|
|
| Name |
ABERDEEN PROPERTY OWNERS ASSOCIATION, INC.
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Joshua A. Goldstein, Angela Prudenti, James K. Parker
|
|
| Name |
Hon. Scott Reid
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ABERDEEN GOLF & COUNTRY CLUB, INC.
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| Role |
Respondent
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-05
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| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
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| On Behalf Of |
Cambridge at Aberdeen Homeowners Association, Inc.
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|
| Docket Date |
2023-09-01
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2023-08-31
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| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
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|
| Docket Date |
2023-08-31
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| Type |
Petition
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| Subtype |
Petition Prohibition
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| Description |
Petition Prohibition ~ *FILING FEE PAID ELECTRONICALLY
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| On Behalf Of |
Cambridge at Aberdeen Homeowners Association, Inc.
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|
| Docket Date |
2023-10-25
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| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Denied
|
|
| Docket Date |
2023-10-25
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| Type |
Order
|
| Subtype |
Order on Petition
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| Description |
ORDERED that the August 31, 2023 petition for writ of prohibition is denied.
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| View |
View File
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| Docket Date |
2023-09-01
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of prohibition 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 filed separately from the pleading to which it applies, was not filed as one document, was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). 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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ABERDEEN GOLF & COUNTRY CLUB, INC., Appellant(s) v. IAN MICHAUD and CAROLE MICHAUD, Appellee(s)
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4D2023-2046
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2023-08-23
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA005460
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Parties
| Name |
ABERDEEN GOLF & COUNTRY CLUB, INC.
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Angela Prudenti, Robert Rivas, Jeremy Scott Dicker
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|
| Name |
Carole Michaud
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
Hon. Gerard Joseph Curley
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
| Name |
Ian Michaud
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
James Burnham
|
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Docket Entries
| Docket Date |
2024-05-17
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| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
Dismissed
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| View |
View File
|
|
| Docket Date |
2024-05-17
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Agreed Stipulation of Dismissal
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|
| Docket Date |
2024-04-03
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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|
| Docket Date |
2024-04-03
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| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
Agreed Motion To Relinquish Jurisdiction
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|
| Docket Date |
2024-03-26
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| Type |
Order
|
| Subtype |
Order to File Status Report
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| Description |
Order to File Status Report
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| View |
View File
|
|
| Docket Date |
2024-03-12
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| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Appellant's Status Report
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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| Docket Date |
2024-02-29
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
Order to File Status Report
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| View |
View File
|
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| Docket Date |
2024-01-29
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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| Docket Date |
2024-01-18
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
ORDERED that the parties are directed to file a status report, within ten (10) days from the date of this order, as to obtaining a comfort order.
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| View |
View File
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| Docket Date |
2023-12-15
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| Type |
Notice
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| Subtype |
Notice of Compliance
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| Description |
Notice of Compliance
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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| Docket Date |
2023-12-08
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORDERED that this court's November 29, 2023 order to show cause is discharged. Further, ORDERED that the parties shall comply with this court's December 6, 2023 order to obtain a comfort order.
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| View |
View File
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| Docket Date |
2023-12-06
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Order to Show Cause
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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| Docket Date |
2023-12-06
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| Type |
Order
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| Subtype |
Show Cause re Bankruptcy
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| Description |
Show Cause re Bankruptcy
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| View |
View File
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| Docket Date |
2023-12-05
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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| Docket Date |
2023-11-29
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| Type |
Order
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| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
Order to Show Cause for Lack of Prosecution - Initial Brief
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| View |
View File
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| Docket Date |
2023-10-19
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal - 482 Pages
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| On Behalf Of |
Clerk - Palm Beach
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|
| Docket Date |
2023-08-24
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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| Docket Date |
2023-08-23
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-08-23
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| Type |
Notice
|
| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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|
| Docket Date |
2023-08-23
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2024-05-16
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing of Amended Final Judgment Nunc Pro Tunc to July 2, 2024 and Order Vacating Trial Rulings
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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| Docket Date |
2024-04-04
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
Order on Motion to Relinquish Jurisdiction
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| View |
View File
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| Docket Date |
2023-08-23
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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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ALICIA GUESS VS ABERDEEN GOLF & COUNTRY CLUB, INC.
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4D2022-0139
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2022-01-14
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Closed
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| Classification |
NOA Final - County Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CC003331
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Parties
| Name |
Alicia Guess
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| Role |
Appellant
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| Status |
Active
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| Representations |
Morgan Lyle Weinstein
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|
| Name |
ABERDEEN GOLF & COUNTRY CLUB, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Daniel A. Weber, Robert Rivas
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|
| Name |
Hon. Marni Bryson
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2023-04-14
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2023-04-14
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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|
| Docket Date |
2023-03-29
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Citation
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| Docket Date |
2022-11-10
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
Alicia Guess
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| Docket Date |
2022-11-10
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
Alicia Guess
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| Docket Date |
2022-10-26
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Reply Brief
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| Description |
Notice of Agreed Extension - Reply Brief
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| On Behalf Of |
Alicia Guess
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|
| Docket Date |
2022-10-26
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ EXTENDED TO 11/10/2022
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| Docket Date |
2022-10-06
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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|
| Docket Date |
2022-09-27
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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|
| Docket Date |
2022-09-16
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension - Answer Brief
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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| Docket Date |
2022-09-16
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 7 DAYS TO 09/26/2022
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|
| Docket Date |
2022-08-10
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| Type |
Order
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| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 9/19/22
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|
| Docket Date |
2022-08-10
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension - Answer Brief
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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| Docket Date |
2022-07-11
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief ~ 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 has 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 is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2022-06-13
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ EXTENDED TO 07/03/2022
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|
| Docket Date |
2022-06-13
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| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief
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| On Behalf Of |
Alicia Guess
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|
| Docket Date |
2022-05-05
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 237 PAGES
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| On Behalf Of |
Clerk - Palm Beach
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|
| Docket Date |
2022-05-04
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ OF NON-TRANSMITTAL OF RECORD ON APPEAL
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| On Behalf Of |
Clerk - Palm Beach
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|
| Docket Date |
2022-03-30
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ of Compliance With Court Order
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| On Behalf Of |
Alicia Guess
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|
| Docket Date |
2022-02-28
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that, upon consideration of the appellant’s February 1, 2022 jurisdictional brief, this court relinquishes jurisdiction to the trial court for thirty (30) days in order to complete rendition of the December 14, 2021 order “granting plaintiff's motion to tax reasonable attorney’s fees and costs and denying defendant’s motion for rehearing” by filing the order with the clerk of the lower tribunal. See Fla. R. App. P. 9.020(h). 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 |
2022-02-10
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
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| Docket Date |
2022-02-04
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Alicia Guess
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|
| Docket Date |
2022-02-01
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief ~ and Motion to Relinquish Jurisdiction
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| On Behalf Of |
Alicia Guess
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| Docket Date |
2022-01-19
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| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
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| 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 December 14, 2021 order is an appealable final order, as it appears the order has not been rendered yet because it has not been filed with the clerk of the lower tribunal and is missing from the trial court's docket. See Fla. R. App. P. 9.020(h) (“An order is rendered when a signed, written order is filed with the clerk of the lower tribunal.”). Further,Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2022-01-14
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-01-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
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| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s October 6, 2022 motion for award of 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.
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| Docket Date |
2022-08-03
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 18 PAGES
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| On Behalf Of |
Clerk - Palm Beach
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|
| Docket Date |
2022-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
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| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant’s July 18, 2022 motion to supplement the record is granted, and the record is supplemented to include the transcript dated August 3, 2021. Said supplemental record is deemed filed as of the date of this order.
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| Docket Date |
2022-07-19
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Alicia Guess
|
|
| Docket Date |
2022-07-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Alicia Guess
|
|
| Docket Date |
2022-07-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Alicia Guess
|
|
| Docket Date |
2022-01-14
|
| 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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| Docket Date |
2022-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Alicia Guess
|
|
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IRENE FISHER VS ABERDEEN GOLF & COUNTRY CLUB, INC.
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4D2021-3284
|
2021-11-18
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502020SC014988
|
Parties
| Name |
Irene Fisher
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ronald E. D'Anna
|
|
| Name |
ABERDEEN GOLF & COUNTRY CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel A. Weber, Jeremy Scott Dicker, Aleksandra Novakovich Gonzalez
|
|
| Name |
Hon. Marni Bryson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ ***STRICKEN 12/17/21***
|
| On Behalf Of |
Irene Fisher
|
|
| Docket Date |
2022-01-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Irene Fisher
|
|
| Docket Date |
2022-12-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-12-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Per Curiam Opinion
|
|
| Docket Date |
2022-09-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
|
|
| Docket Date |
2022-08-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
|
|
| Docket Date |
2022-07-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/10/22
|
|
| Docket Date |
2022-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
|
|
| Docket Date |
2022-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
|
|
| Docket Date |
2022-06-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/11/2022
|
|
| Docket Date |
2022-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
|
|
| Docket Date |
2022-05-09
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/10/22
|
|
| Docket Date |
2022-04-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Irene Fisher
|
|
| Docket Date |
2022-03-31
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before April 11, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has 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 is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-02-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 208 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Irene Fisher
|
|
| Docket Date |
2022-01-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Aberdeen Golf & Country Club, Inc.
|
|
| Docket Date |
2021-12-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED, upon consideration of appellant's December 20, 2021 status report, appellant shall file a supplemental status report within thirty (30) days from the date of this order.
|
|
| Docket Date |
2021-12-20
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **AMENDED**
|
| On Behalf Of |
Irene Fisher
|
|
| Docket Date |
2021-12-17
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's December 16, 2021 status report is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-11-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Irene Fisher
|
|
| Docket Date |
2021-11-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Irene Fisher
|
|
| Docket Date |
2022-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellee’s September 9, 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.
|
|
| Docket Date |
2021-11-30
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2021-11-19
|
| 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, 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.
|
|
|
|
C. RON ALLEN VS ABERDEEN GOLF & COUNTRY CLUB, INC.
|
4D2018-3384
|
2018-11-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA003349
|
Parties
| Name |
C. RON ALLEN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
H. Starr Parker
|
|
| Name |
ABERDEEN GOLF & COUNTRY CLUB, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Rivas, Angela Prudenti
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO FILE SUPPLEMENTAL ROA
|
| On Behalf Of |
C. RON ALLEN
|
|
| Docket Date |
2020-03-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-03-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-02-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-02-27
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee’s November 1, 2019 motion for award of appellate attorneys’ 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 |
2019-11-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
C. RON ALLEN
|
|
| Docket Date |
2019-11-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
C. RON ALLEN
|
|
| Docket Date |
2019-11-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ABERDEEN GOLF & COUNTRY CLUB,
|
|
| Docket Date |
2019-10-29
|
| 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 October 22, 2019 motion for extension of time is granted, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-10-22
|
| 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 |
C. RON ALLEN
|
|
| Docket Date |
2019-09-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ABERDEEN GOLF & COUNTRY CLUB,
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ Upon consideration of appellant’s August 23, 2019 response, it is ORDERED that appellee’s August 16, 2019 motion to supplement the record is denied. The proposed supplemental record is stricken from the docket. The request for extension of time, found in the August 16, 2019 motion to supplement, is granted, and appellee shall serve the answer brief within seven (7) 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. Further,ORDERED that appellant’s requests for attorney’s fees, found in the August 23, 2019 response, is denied. Further,ORDERED that appellant’s request for clarification, found in the August 23, 2019 response, is denied as moot.
|
|
| Docket Date |
2019-08-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time
|
| On Behalf Of |
ABERDEEN GOLF & COUNTRY CLUB,
|
|
| Docket Date |
2019-08-16
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***MOTION DENIED, STRICKEN FROM THE DOCKET, SEE 9/16/19 ORDER***PROPOSED***
|
| On Behalf Of |
ABERDEEN GOLF & COUNTRY CLUB,
|
|
| Docket Date |
2019-07-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 28 DAYS TO 8/16/19
|
|
| Docket Date |
2019-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ABERDEEN GOLF & COUNTRY CLUB,
|
|
| Docket Date |
2019-06-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/19/19
|
|
| Docket Date |
2019-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ABERDEEN GOLF & COUNTRY CLUB,
|
|
| Docket Date |
2019-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
ABERDEEN GOLF & COUNTRY CLUB,
|
|
| Docket Date |
2019-05-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/19/19
|
|
| Docket Date |
2019-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ABERDEEN GOLF & COUNTRY CLUB,
|
|
| Docket Date |
2019-04-24
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
C. RON ALLEN
|
|
| Docket Date |
2019-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's April 12, 2019 motion for extension of time to serve initial brief and alternative motion for leave to file amended initial brief is treated as a motion to file an amended initial brief and is granted. Appellant shall file an amended initial brief within seven (7) days from the date of this order.
|
|
| Docket Date |
2019-04-12
|
| 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 |
C. RON ALLEN
|
|
| Docket Date |
2019-04-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
C. RON ALLEN
|
|
| Docket Date |
2019-03-12
|
| 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 |
C. RON ALLEN
|
|
| Docket Date |
2019-03-12
|
| 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 March 12, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. 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.
|
|
| Docket Date |
2019-03-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's March 9, 2019 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2019-03-11
|
| 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 |
C. RON ALLEN
|
|
| Docket Date |
2019-02-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 216 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-01-23
|
| 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 January 22, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within forty-five (45) days from the date of this order. 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.
|
|
| Docket Date |
2019-01-22
|
| 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 |
C. RON ALLEN
|
|
| Docket Date |
2018-12-06
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2018-11-16
|
| 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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-11-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-11-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
C. RON ALLEN
|
|
|
