| Docket Date |
2024-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Appellee's motion for appellate attorney's fees, filed pursuant to Florida Rule of Appellate Procedure 9.400(b), section 59.46, Florida Statutes, and the applicable deed restrictions, is granted with respect to entitlement and remanded to the trial court for a determination of amount.
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| View |
View File
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|
| Docket Date |
2024-12-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-10-23
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument-Video Conference
|
| Description |
This case is provisionally set for oral argument on December 11, 2024, at 09:30 AM, before: Judge Stevan T. Northcutt, Judge Patricia J. Kelly, Judge Nelly N. Khouzam. The oral argument will be conducted by video conference. The court calendars can be viewed on this court's website at https://2dca.flcourts.gov. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.
The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.
Please review the notice regarding oral argument in the Second District Court of Appeal that follows this order.
Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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| View |
View File
|
|
| Docket Date |
2024-02-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SOUTH GATE COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2023-12-12
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellants' motion for leave to file initial brief one day late is granted, and theinitial brief filed on December 1, 2023, is accepted as timely filed.
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|
| Docket Date |
2023-03-20
|
| 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 |
2024-10-23
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2024-09-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
In light of Attorney Leatherwood's notice of unavailability and Appellee's response, the September 25, 2024, oral argument is canceled and will be rescheduled at the next available date.
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| View |
View File
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|
| Docket Date |
2024-09-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO REQUEST FOR CONTINUANCE
|
| On Behalf Of |
SOUTH GATE COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2024-09-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellants' attorney, Valerie L. Leatherwood, has filed a notice of unavailability that includes a request to continue all proceedings in this matter for the foreseeable future. The oral argument in this case, scheduled for September 25, 2024, is presumably encompassed within Attorney Leatherwood's request.
No later than September 19, 2024, Appellee shall file a response to Attorney Leatherwood's request for continuance of the oral argument scheduled for September 25, 2024. Attorney Leatherwood may file a reply no later than September 20, 2024.
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| View |
View File
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|
| Docket Date |
2024-09-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF UNAVAILABILITY
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2024-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument-Video Conference
|
| Description |
This case is provisionally set for oral argument on September 25, 2024, at 11:00 AM, before: Judge Edward C. LaRose, Judge Suzanne Labrit, Associate Senior Judge James R. Case. The oral argument will be conducted by video conference. The court calendars can be viewed on this court's website at https://2dca.flcourts.gov. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.
The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.
Please review the notice regarding oral argument in the Second District Court of Appeal that follows this order.
Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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| View |
View File
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|
| Docket Date |
2024-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Appellant's motion for an extension of time is granted to the extent that the reply brief is accepted as timely filed.
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| View |
View File
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|
| Docket Date |
2024-06-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2024-06-11
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
| View |
View File
|
|
| Docket Date |
2024-06-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
MOTION FOR LEAVE TO REPLY BRIEF SEVEN DAYS LATE
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2024-06-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2024-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2024-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Appellant's motion for extension of time is granted, and the reply brief shall be served by June 3, 2024. However, further motions for extension of time are unlikely to receive favorable consideration.
|
| View |
View File
|
|
| Docket Date |
2024-05-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2024-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB DUE 05/03/2024
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2024-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB DUE 04/03/2024
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2024-02-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
SOUTH GATE COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2023-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 31 - AB DUE 02/02/2024
|
| On Behalf Of |
SOUTH GATE COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2023-12-01
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-12-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-11-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall beserved by November 30, 2023.
|
|
| Docket Date |
2023-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-11-02
|
| 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 |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-10-20
|
| 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 beserved by November 2, 2023.
|
|
| Docket Date |
2023-10-19
|
| 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 |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-10-13
|
| 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 beserved by October 19, 2023.
|
|
| Docket Date |
2023-10-12
|
| 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 |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall beserved by October 12, 2023.
|
|
| Docket Date |
2023-09-26
|
| 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 |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
counsel substitution ~ Pursuant to the filing of the notice of substitution of counsel, The Law Offices ofLobeck & Hanson, P.A., are substituted as Appellee's counsel of record and the firmUlrich, Scarlett, Wickman & Dean, P.A., is relieved of further appellate responsibilities.
|
|
| Docket Date |
2023-09-14
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
SOUTH GATE COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2023-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SOUTH GATE COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2023-08-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served by September 27, 2023.
|
|
| Docket Date |
2023-08-24
|
| 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 |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Grant Withdrawal of Appellant's Counsel-32A ~ The motion for withdrawal as counsel for appellants filed by Attorney John S.Jaffer is granted. Attorney Jaffer is relieved of further appellate responsibilities. AttorneyJohn S. Koda remains counsel of record for appellants.
|
|
| Docket Date |
2023-07-26
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB DUE 08/26/2023
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-07-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 26 PAGES - CORRECTED NON-IMAGED EVIDENCE
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60 DAYS - IB DUE ON 07/27/23
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-05-12
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ 1 DVD - EXHIBIT #31 ***LOCATED IN THE VAULT***
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-05-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 26 PAGES
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-03-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
| Docket Date |
2023-03-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-03-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
ACHIM GINSBERG - KLEMMT
|
|
