|
FATHER THOMAS EUTENEUER VS THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA, et al.
|
4D2022-2481
|
2022-09-09
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432021CA001106
|
Parties
| Name |
Thomas Euteneuer
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeanette Marie Lugo, John P. Wiederhold
|
|
| Name |
Anne Lotierzo
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DIOCESE OF PALM BEACH, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Catholic Mutual Relief Society of America
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. Patrick Fitzgerald, Martin B. Kofsky, Daniel C. Dresch, Michael A. Mullen, Sharon C. Degnan, Laurie J. Adams, Robert J. Diaz, Emily C. Smith
|
|
| Name |
Hon. Gary L. Sweet
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-03-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-01-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-12-27
|
| 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 December 27, 2022 motion for extension of time is granted in part. Appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2022-12-27
|
| 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 |
Thomas Euteneuer
|
|
| Docket Date |
2022-12-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
The Catholic Mutual Relief Society of America
|
|
| Docket Date |
2022-12-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
The Catholic Mutual Relief Society of America
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee The Catholic Mutual Relief Society of America's November 14, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before December 6, 2022. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-11-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
The Catholic Mutual Relief Society of America
|
|
| Docket Date |
2022-10-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-10-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index 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.
|
|
| Docket Date |
2022-10-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-10-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-10-06
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 17, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ ***STRICKEN***
|
| On Behalf Of |
The Catholic Mutual Relief Society of America
|
|
| Docket Date |
2022-09-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
The Catholic Mutual Relief Society of America
|
|
| Docket Date |
2022-09-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-09-09
|
| 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.
|
|
|
|
ANN LOTIERZO VS THOMAS EUTENEUER, et al.
|
4D2022-0238
|
2022-01-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432019CA001525
|
Parties
| Name |
Anne Lotierzo
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Martin B. Kofsky
|
|
| Name |
DIOCESE OF PALM BEACH, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ARCHDIOCESE OF MIAMI, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Gerald Barbarito
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Felipe De Jesus Estevez
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gary L. Sweet
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Thomas Euteneuer
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeanette Marie Lugo, Daniel C. Dresch, Michael A. Mullen, Joseph M. Winsby, Robert J. Diaz, Emily C. Smith, John P. Wiederhold, J. Patrick Fitzgerald
|
|
Docket Entries
| Docket Date |
2023-03-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-03-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2022-08-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-08-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 08/18/2022
|
|
| Docket Date |
2022-07-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-06-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Anne Lotierzo
|
|
| Docket Date |
2022-06-06
|
| 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.
|
|
| Docket Date |
2022-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that, upon consideration of appellant’s response filed on May 10, 2022, this court’s April 26, 2022 order to show cause is discharged. Further, ORDERED that appellant’s May 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 27, 2022. 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 |
2022-05-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ AND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Anne Lotierzo
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**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.
|
|
| Docket Date |
2022-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-03-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 441 PAGES
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2022-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-02-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s February 2, 2022 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **Stricken**
|
| On Behalf Of |
Anne Lotierzo
|
|
| Docket Date |
2022-01-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Anne Lotierzo
|
|
| Docket Date |
2022-01-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Anne Lotierzo
|
|
| Docket Date |
2022-01-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-03-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Thomas Euteneuer
|
|
| Docket Date |
2022-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees’ July 7, 2022 motion for extension of time is granted, and appellees shall serve the answer brief on or before August 8, 2022. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-01-21
|
| 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.
|
|
|
|
FATHER JOHN GALLAGHER VS DIOCESE OF PALM BEACH, INC.
|
SC2018-0865
|
2018-05-30
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA000337XXXXMB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D17-2579
|
Parties
| Name |
JOHN GALLAGHER, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Philip M. Burlington, Nichole J. Segal, THEODORE BABBITT
|
|
| Name |
DIOCESE OF PALM BEACH, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Joseph M. Winsby, Maura F. Jennings, Mark E. Chopko, Michael A. Mullen, Roberto J. Diaz, Elaine D. Walter, J. Patrick Fitzgerald
|
|
| Name |
Meenu Talwar Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sharon Repak Bock
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-08-23
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2018-06-12
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-06-04
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL) ~ The motion to appear pro hac vice filed in the above cause by Mark E. Chopko, on behalf of Diocese of Palm Beach, Inc., is hereby granted and counsel's payment of the $100.00 fee required by section 25.241(2)(a), Florida Statutes (2015), was received by this Court on June 4, 2018.
|
|
| Docket Date |
2018-06-04
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
LETTER ~ Letter regarding pro hac vice payment
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-06-01
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid In Full - $300
|
|
| Docket Date |
2018-06-01
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2018-06-01
|
| Type |
Motion
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL) ~ VERIFIED MOTION OF MARK E. CHOPKO, ESQ.FOR ADMISSION TO APPEAR PRO HAC VICE
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-06-01
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-05-30
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ Rec'd 05/25/2018
|
| On Behalf Of |
John Gallagher
|
| View |
View File
|
|
| Docket Date |
2018-05-30
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
John Gallagher
|
| View |
View File
|
|
| Docket Date |
2018-05-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DIOCESE OF PALM BEACH, INC. VS FATHER JOHN GALLAGHER
|
4D2017-2579
|
2017-08-14
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA000337XXXXMB
|
Parties
| Name |
DIOCESE OF PALM BEACH, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Maura F. Jennings, MARK E. CHOPKO, Joseph M. Winsby, J. Patrick Fitzgerald, Elaine D. Walter, Robert J. Diaz, Michael A. Mullen
|
|
| Name |
FATHER JOHN GALLAGHER
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Philip M. Burlington, Theodore Babbitt, CLERK THIRD DISTRICT COURT OF APPEAL, Nichole J. Segal
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-06-04
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC18-865
|
|
| Docket Date |
2018-05-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2020-12-08
|
| Type |
Record
|
| Subtype |
Returned Exhibits
|
| Description |
Returned Exhibits
|
|
| Docket Date |
2019-05-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ U.S. SUPREME COURT DISPO. 18-964
|
|
| Docket Date |
2019-01-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ U.S. SUPREME COURT ACKNOWLEDGMENT 18-964
|
|
| Docket Date |
2018-11-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ U.S. Sup. Court ORDER 18A524
|
|
| Docket Date |
2018-08-23
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC18-865
|
|
| Docket Date |
2018-08-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-05-24
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
FATHER JOHN GALLAGHER
|
|
| Docket Date |
2018-05-09
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion ~ **CORRECTED OPINION**
|
|
| Docket Date |
2018-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
FATHER JOHN GALLAGHER
|
|
| Docket Date |
2018-01-17
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2017-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ Petitioner’s request for oral argument is granted, and the above-styled proceeding is set for oral argument on Wednesday, January 17, 2018 at 9:30 o’clock A.M., before the Fourth District Court of Appeal. Oral argument will be held at Florida International University, College of Law, Rafael Diaz Balart Hall, 11200 S.W. 8th Street, Miami, FL 33199. The parties will be allowed ten (10) minutes per side to present their arguments.LAGOA, SCALES and LUCK, Associate Judges, concur.
|
|
| Docket Date |
2017-12-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2017-12-07
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply ~ IN SUPPORT OF PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2017-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner’s unopposed motion for extension of time to file the reply is granted. The reply shall be filed no later than Friday, December 8, 2017. No further extensions will be granted.
|
|
| Docket Date |
2017-11-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2017-10-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
FATHER JOHN GALLAGHER
|
|
| Docket Date |
2017-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's October 17, 2017 motion for extension of time to file the response is granted. The response shall be filed no later than October 24, 2017. No further extensions will be granted.
|
|
| Docket Date |
2017-10-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
FATHER JOHN GALLAGHER
|
|
| Docket Date |
2017-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that respondent's September 29, 2017 motion for extension of time is granted, and the time for filing a response is extended to and including October 17, 2017; further,ORDERED that petitioner may file a reply within fifteen (15) days thereafter.
|
|
| Docket Date |
2017-09-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
FATHER JOHN GALLAGHER
|
|
| Docket Date |
2017-08-30
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that petitioner’s August 14, 2017 motion for leave to file audio CD as item no. 6 to the appendix is granted. Further,ORDERED that the party, if any, opposing the relief requested in the petition for writ of prohibition shall, and the respondent judge may, show cause as to why the relief requested should not be granted, within thirty (30) days of the date of this order. This order stays further proceedings in the lower tribunal pursuant to Fla. R. App. P. 9.100(h). Further, a reply may be filed fifteen (15) days thereafter.LAGOA, SCALES and LUCK, Associate Judges, concur.
|
|
| Docket Date |
2017-08-28
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ ORDER DESIGNATING 3RD DCA
|
|
| Docket Date |
2017-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that the petitioner's August 16, 2017 verified motion for permission to appear pro hac vice is granted, and Mark E. Chopko, Esquire, is permitted to appear in this appeal as counsel for petitioner, Diocese of Palm Beach, Inc.; further,ORDERED that Mark E. Chopko, Esquire, shall register with this court's EDCA system within five (5) days from the date of this order.
|
|
| Docket Date |
2017-08-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2017-08-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2017-08-15
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ ***PROPOSED*** CD ROM (ITEM #6 OF APPENDIX)
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2017-08-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-08-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ "TO FILE AUDIO CD AS ITEM NO. 6 TO APPENDIX"
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2017-08-14
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2017-08-14
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
|
|
DIOCESE OF PALM BEACH, INC., ET AL. VS ANDREA THOMPSON, ET AL.
|
4D2014-4083
|
2014-10-24
|
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
2010CA017448MB AI
|
Parties
| Name |
DIOCESE OF PALM BEACH, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Hinda Klein
|
|
| Name |
HUNTER CONSTRUCTION SERVICES INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANDREA THOMPSON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Andrew A. Harris, Matthew David Kobren, THOMAS H. COURTNEY, J. Patrick Fitzgerald
|
|
| Name |
CIVIL-CADD ENGINEERING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-03-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-03-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-02-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-02-16
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2015-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on February 16, 2016, at 9:30 A.M. for 10 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2015-09-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2015-08-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 09/21/15
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2015-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 08/20/15
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2015-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee's June 26, 2015 motion to supplement the record is granted, and the record is supplemented to include the October 7, 2014 hearing transcript. Said supplemental record is included in the appellee's appendix to the answer brief filed June 26, 2015.
|
|
| Docket Date |
2015-06-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ANDREA THOMPSON
|
|
| Docket Date |
2015-06-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ANDREA THOMPSON
|
|
| Docket Date |
2015-06-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO ANSWER BRIEF **INCLUDES SUPPLEMENTAL RECORD SEE 7/1/15 ORDER**
|
| On Behalf Of |
ANDREA THOMPSON
|
|
| Docket Date |
2015-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 15 DAYS TO 6/27/15
|
| On Behalf Of |
ANDREA THOMPSON
|
|
| Docket Date |
2015-05-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 06/13/15
|
| On Behalf Of |
ANDREA THOMPSON
|
|
| Docket Date |
2015-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
ANDREA THOMPSON
|
|
| Docket Date |
2015-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 05/14/15
|
| On Behalf Of |
ANDREA THOMPSON
|
|
| Docket Date |
2015-03-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2015-03-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Hinda Klein 0510815
|
|
| Docket Date |
2015-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' motion filed February 2, 2015, for extension of time, is granted and appellants 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 |
2015-02-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ANDREA THOMPSON
|
|
| Docket Date |
2015-02-02
|
| 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 |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2015-01-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SEVEN (7) VOLUMES
|
|
| Docket Date |
2015-01-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' unopposed motion filed December 29, 2014, for extension of time, is granted and appellants 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 |
2014-12-29
|
| 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 |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2014-11-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
ANDREA THOMPSON
|
|
| Docket Date |
2014-10-29
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Matthew D. Kobren, M. Patrick Fitzgerald and Thomas H. Courtney have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-10-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-10-28
|
| 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, 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 the entry 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. 4DCA 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 |
2014-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Diocese of Palm Beach, Inc.
|
|
| Docket Date |
2014-10-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
