| Docket Date |
2024-12-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to Appellees' Motion for Rehearing, Rehearing end Banc, Clarification and Certification to Florida Supreme Court
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2024-10-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Upon consideration, Appellant's Unopposed Motion for Extension of Time to File Response is hereby granted to and including December 2, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Appellant's Unopposed Motion for Extension of Time to File Response
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2024-10-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc, Clarification and Certification to Florida Supreme Court
|
| On Behalf Of |
Ocean Pointe III Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Upon consideration of Appellant's Motion for a Conditional Award of Appellate Attorney's Fees, it is ordered that said Motion is conditionally granted, subject to Appellant ultimately prevailing on the significant issues below.
Upon consideration of Appellees' Motions for Attorneys' Fees, it is ordered that said Motions are hereby denied.
SCALES, GORDO and LOBREE, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed and remanded for further proceedings.
|
| View |
View File
|
|
| Docket Date |
2024-09-04
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Appellees' Consolidated Reply to Appellant's Response to Order to Show Cause, filed on August 29, 2024, is noted.
Upon consideration of the Appellant's Response to Order to Show Cause and the Appellees' Consolidate Reply, the Rule to Show Cause issued by this Court on August 6, 2024, is hereby discharged.
SCALES, GORDO and LOBREE, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Appellee's Reply to Show Cause Order
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Appellee's Consolidated Reply to Incident 365'S Response to Order to Show Cause
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-08-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to Order Show Cause
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2024-08-06
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Appellant Incident365 Florida, LLC ("Incident365") filed three (3)
appeals in this Court on December 30, 2022. We consolidated these appeals
on April 12, 2023, for the purposes of traveling together. It appears from the
respective records that, in the lower court proceedings in cases 3D22-2239
and 3D22-2241, appellees filed counterclaims raising issues that appear to
be inextricably intertwined with the issues raised in appellant's complaints.
Where a pending counterclaim is inextricably intertwined with a claim that is
the subject of an appeal, the trial court's order is not a final, appealable order.
Libman v. Fla. Wellness & Rehab. Ctr., Inc., 260 So. 3d 515, 517-18 (Fla. 3d
DCA 2018).
ORDER TO SHOW CAUSE
Incident365 is directed to show cause, withing fifteen (15) days of the
date this Order, why its appeals in cases 3D22-2239 and 3D22-2240 should
not be dismissed for lack of jurisdiction. The respective Appellees may file a
consolidated response within ten (10) days of Incident365's filing. The
parties' submissions shall be limited to seven (7) pages. There shall be no
reply brief.
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-01-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Appellant's Motion For A Conditional Award of Appellate Attorney's Fees
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellee's Motion for Attorney's Fees
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Reply Brief in Consolidated Cases
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Answer Brief in Consolidated Cases
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-11-28
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
The appellee is directed to file an answer brief in this cause within
ten (10) days from the date of this Order or be precluded from filing a brief
and/or presenting an oral argument to the Court in this cause. See Fla. R.
App. P. 9.410.
Order to Serve Brief
|
| View |
View File
|
|
| Docket Date |
2023-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 11/16/2023
|
|
| Docket Date |
2023-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 9/17/23
|
|
| Docket Date |
2023-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-06-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant's Unopposed Motion to Accept Brief Filed with Consolidated Style and to Use Record from Consolidated Cases is granted, and the Initial Brief filed on June 19, 2023, is accepted by the Court.
|
| View |
View File
|
|
| Docket Date |
2023-06-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ Appellant's Unopposed Motion to accept brief filed with consolidated style and to use record from consolidated cases
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2023-06-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2023-06-19
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
| View |
View File
|
|
| Docket Date |
2023-04-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant's Motion to Consolidate Cases and for Extension of Time to File Initial Brief is granted. It is ordered that the above-referenced appeals are consolidated for the purpose of traveling together. Appellant shall file the initial brief within thirty (30) days from the date of this Order.
|
| View |
View File
|
|
| Docket Date |
2023-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 05/10/2023
|
|
| Docket Date |
2023-04-06
|
| 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 |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2023-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2023-03-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 04/10/2023
|
|
| Docket Date |
2023-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Incident365 Florida, LLC
|
| View |
View File
|
|
| Docket Date |
2023-01-20
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcripts
|
| On Behalf Of |
Monroe Clerk
|
| View |
View File
|
|
| Docket Date |
2022-12-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ocean Pointe IV Condominium Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Monroe Clerk
|
| View |
View File
|
|
| Docket Date |
2022-12-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
| View |
View File
|
|
