| Docket Date |
2024-06-12
|
| Type |
Miscellaneous Document
|
| Subtype |
Mail Returned
|
| Description |
Mail Returned
|
| View |
View File
|
|
| Docket Date |
2024-04-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED sua sponte that Appellant's April 8, 2024 second motion for entry of default is stricken as unauthorized.
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| View |
View File
|
|
| Docket Date |
2023-08-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
ORD-Grant Rehearing on Interim Order ~ ORDERED that appellant's July 11, 2023 motion for rehearing of this court's June 13, 2023 order is granted. Appellant's May 16, 2023 "Emergency Verified Motion for Injunction" is treated as a motion for review of the trial court's December 7, 2022 Order Denying Motion to Stay. The motion is denied. See Parker v. Est. of Bealer, 890 So. 2d 508, 512 (Fla. 4th DCA 2005) (this court applies an abuse of discretion standard in reviewing a trial court's order on a motion for stay); see also Everett v. Everett, 196 So. 3d 483, 484 (Fla. 1st DCA 2016) (this standard is "highly deferential" because it is assumed that the court most familiar with the controversy is typically in the best posture to determine the appropriateness and conditions of a stay).
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|
| Docket Date |
2023-05-16
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant’s May 16, 2023 request for emergency treatment is denied. "[A]n 'emergency' is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm." Admin. Order No. 2014-1. Dispossession of property does not constitute irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); Rsrv. at Wedgefield Homeowners’ v. Dixon, 948 So. 2d 65, 67–68 (Fla. 5th DCA 2007); see also B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award); Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) ("The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment."). The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
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|
| Docket Date |
2024-05-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Copy of Motion for Rehearing filed in Supreme Court
|
|
| Docket Date |
2024-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Written Opinion
|
| Description |
Order on Motion for Written Opinion
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
|
| Docket Date |
2024-04-17
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction of Florida Supreme Court
|
| On Behalf Of |
Marisa C. Smith
|
| View |
View File
|
|
| Docket Date |
2024-04-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion
|
|
| Docket Date |
2024-04-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Second Motion for Entry of Default
|
|
| Docket Date |
2024-03-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-03-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing of the February 8, 2024 Order
|
|
| Docket Date |
2024-02-14
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion for Rehearing on Motion for Default
|
|
| Docket Date |
2024-02-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing on Motion for Default *Duplicate*
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|
| Docket Date |
2024-02-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee's January 29, 2024 motion for extension of time to file the answer brief is denied. Further, ORDERED that Appellant's January 29, 2024 motion for default is denied. However, the court will consider the appeal in the absence of a brief filed by Appellee.
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| View |
View File
|
|
| Docket Date |
2024-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion for Default and Motion for Extension of Time to File Answer Brief
|
| On Behalf Of |
Shoma Homes at Nautica Single Family Neighborhood Association, Inc.
|
|
| Docket Date |
2024-01-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion for Default
|
|
| Docket Date |
2023-11-14
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Marisa C. Smith
|
|
| Docket Date |
2023-11-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that Appellant shall file an appendix in compliance with this court's January 6, 2023 order within ten (10) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2023-08-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Marisa C. Smith
|
|
| Docket Date |
2023-08-18
|
| 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, 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 |
2023-07-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing on an Order ~ MOTION FOR REHEARING OF THE ORDER DATED JUNE 13, 2023
|
| On Behalf Of |
Marisa C. Smith
|
|
| Docket Date |
2023-06-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's June 20, 2023 motion for rehearing is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service is insufficient. You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the appellee within fifteen (15) days from the date of this order.
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|
| Docket Date |
2023-06-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing on an Order ~ **STRICKEN** MOTION FOR REHEARING OF THE ORDER DATED JUNE 13, 2023
|
| On Behalf Of |
Marisa C. Smith
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant's May 16, 2023 motion for injunction is denied without prejudice to appellant filing a motion for review in this court after filing a motion to stay pending appeal in the lower tribunal. See Fla. R. App. P. 9.310(a) (“a party seeking to stay a final or nonfinal order pending review first shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief” and may condition a stay on the posting of a “good and sufficient bond, other conditions, or both.”).
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|
| Docket Date |
2023-05-16
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Marisa C. Smith
|
|
| Docket Date |
2023-04-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellant's March 22, 2023 motion for reinstatement is granted, and the above-styled appeal is reinstated. Appellant shall serve the initial brief within thirty (30) days from the date of this order.
|
|
| Docket Date |
2023-03-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Marisa C. Smith
|
|
| Docket Date |
2023-03-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Marisa C. Smith
|
|
| Docket Date |
2023-03-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Marisa C. Smith
|
|
| Docket Date |
2023-01-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-01-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED 04/17/2023** ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the court determines that this appeal seeks review of an order entered on an authorized and timely motion for relief from judgment, which is reviewable by the method prescribed by Florida Rule of Appellate Procedure 9.130. Fla. R. App. P. 9.130(a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
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|
| Docket Date |
2022-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CERTIFIED BY LOWER COURT
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-12-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-12-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-12-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Marisa C. Smith
|
|
