| Docket Date |
2014-09-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2014-09-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2014-08-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ (GRANTED AS TO AE WELLS FARGO BANK, N.A. ONLY-SEE 9/22/14 ORDER)
|
| On Behalf Of |
DANIEL O'MALLEY
|
|
| Docket Date |
2015-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ **AS TO REI AND KIUSALAAS ONLY**ORDERED that upon consideration of appellees Real Estate Inspectors, Inc. ("REI") and Tim Kiusalaas' ("Kiusalaas") reply filed March 4, 2015, and the appendix to the reply filed April 16, 2015, REI and Kiusalaas' motion filed December 8, 2014, to dismiss appeal, is granted as to appellees REI and Kiusalaas only. Dismissal is without prejudice to appellants timely filing a notice of appeal of a lower tribunal order dismissing all claims against appellees REI and Kiusalaas with prejudice.
|
|
| Docket Date |
2015-09-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-09-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2015-08-27
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before September 7, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record-on-appeal 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 record-on-appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2015-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The June 16, 2015 motion of Raymond R. Dieppa, Esquire, counsel for appellants, Mathew Turner and Sarah Turner, to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for thirty (30) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 30 day abatement period;(3) if no counsel has filed a notice of appearance within thirty (30) days, all pleadings shall be sent to appellants, Mathew Turner and Sarah Turner at the address appearing below; (4) if substitute counsel does not appear within thirty (30) days from the date of this order, appellants, Mathew Turner and Sarah Turner are advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2015-06-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2015-05-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that appellants' May 18, 2015 motion for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended ten (10) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b). No further extensions will be permitted for this purpose.
|
|
| Docket Date |
2015-05-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXT. OF TIME TO FILE ROA
|
| On Behalf Of |
DANIEL O'MALLEY
|
|
| Docket Date |
2015-05-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2014-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed September 5, 2014, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended thirty (30) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2015-05-06
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ ORDERED that appellant in the above¿styled case is directed to show cause in writing, if any there be, on or before May 21, 2015, why the above¿styled case should not be dismissed for lack of timely prosecution, in that record on appeal 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 record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order..
|
|
| Docket Date |
2015-04-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ (SEE 5/7/15 ORDER)
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2015-04-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that upon consideration of appellees' reply filed March 4, 2015, appellees are directed to file, within ten (10) days from the date of this order, an appendix to the reply, which shall include the amended complaint and its attachments; further, ORDERED that appellee Shawn Stanislowski's motion to strike filed March 23, 2015 is denied.
|
|
| Docket Date |
2015-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2015-03-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ REPLY BRIEF AND INDEX TO APPENDIX (DENIED 4/9/15)
|
| On Behalf Of |
DANIEL O'MALLEY
|
|
| Docket Date |
2015-03-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO REPLY BRIEF
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2015-03-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2015-03-04
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ TO MOTION TO DISMISS (SEE 4/9/15 ORDER) (SEE ALSO 5/7/15 ORDER)
|
| On Behalf Of |
DANIEL O'MALLEY
|
|
| Docket Date |
2015-02-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AE Roberto Manuel Ureta 0000957
|
|
| Docket Date |
2015-02-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (SHAWN STANISLOWSKI)
|
| On Behalf Of |
DANIEL O'MALLEY
|
|
| Docket Date |
2015-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, Shawn Stanislowski's motion filed February 11, 2015, for extension of time, is granted and appellee shall serve the answer brief on or before March 18, 2015. 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 |
2015-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' (Real Estate Inspectors, Inc. and Tim Kiusalaas) motion filed February 2, 2015, for extension of time, is granted and appellees shall serve the answer brief within thirty (30) days from the date of the entry of this order. 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 |
2015-02-11
|
| 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 |
DANIEL O'MALLEY
|
|
| Docket Date |
2015-02-02
|
| 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 |
DANIEL O'MALLEY
|
|
| Docket Date |
2015-01-26
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2015-01-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that upon consideration of appellants' response filed December 22, 2014, appellees are directed to file with this Court a reply within ten (10) days from the date of this order. Appellees shall address whether the above-styled appeal can be treated as a partial final appeal under Mendez v. West Flagler Family Ass'n. Inc., 303 So. 2d 1 (Fla. 1974) and shall include the pertinent parts of the record as an appendix to the reply, including the amended complaint and all related filings.
|
|
| Docket Date |
2015-01-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that appellee Shawn Stanislowski's motion filed December 8, 2014, to strike is granted, and the brief of appellants filed on November 25, 2014, is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210(b)(3). An amended brief in compliance with the rules shall be filed within twenty (20) days of the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2015-01-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants' motion for extension filed December 29, 2014 is granted, and the time for filing responses to appellee, Stanislowski's, motion to strike and appellees, Real Estate Inspection, Inc. and Time Kiusalass' motion to dismiss is hereby extended thirty (30) days from the date of this order.
|
|
| Docket Date |
2014-12-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2014-12-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellants' motion filed December 22, 2014, for extension of time is hereby 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 Parties, Paragraphs 1 and 2.
|
|
| Docket Date |
2014-12-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2014-12-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2014-12-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ INITIAL BRIEF (GRANTED 1/22/15)
|
| On Behalf Of |
DANIEL O'MALLEY
|
|
| Docket Date |
2014-11-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Raymond R. Dieppa 0027690
|
|
| Docket Date |
2014-11-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **BRIEF STRICKEN - SEE 1/22/15 ORDER**
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2014-10-28
|
| 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 October 17, 2014, 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 |
2014-10-17
|
| 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 |
MATTHEW TURNER
|
|
| Docket Date |
2014-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ **AS TO WELLS FARGO BANK ONLY**ORDERED that appellee Wells Fargo Bank, N.A.'s motion filed August 26, 2014, to dismiss appeal for lack of jurisdiction, is granted as to appellee Wells Fargo Bank, N.A. only. Dismissal is without prejudice to appellants timely filing a notice of appeal of a lower tribunal order dismissing all claims against appellee Wells Fargo Bank, N.A. with prejudice.
|
|
| Docket Date |
2014-06-27
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Roberto M. Ureta, Kristy E. Armada and Raymond Dieppa 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 |
2014-06-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-06-26
|
| 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 Florida Department of Banking and Finance 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 |
2014-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MATTHEW TURNER
|
|
| Docket Date |
2014-06-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
