| Docket Date |
2023-08-21
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| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2023-08-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-08-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the stipulation for substitution of counsel filed July 7, 2023, John Carrigan, Ross Earle Bonan Ensor & Carrigan P.A., is substituted for the law firm of Dill, Evan & Rhodeback as counsel for appellee Falcon Trace Homeowners Association, Inc. in the above-styled cause.
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|
| Docket Date |
2023-07-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel ~ (STIPULATION)
|
| On Behalf Of |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-03-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-03-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's March 6, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before March 22, 2023. 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.
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|
| Docket Date |
2023-03-06
|
| 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 |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Granting Rehearing ~ Upon consideration of appellee's January 30, 2023 response, it is ORDERED that the appellant’s January 20, 2023 motion for rehearing is granted, and this appeal is reinstated.
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|
| Docket Date |
2023-01-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-01-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2023-01-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND RECONSIDERATION TOVACATE DISMISSAL ORDER FOR LACK OF PROSECUTION AND FOR THECOURT TO ACCEPT APPELLANTS' INITIAL BRIEF
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2023-01-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ **REINSTATED**ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
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|
| Docket Date |
2023-01-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ **REINSTATED**
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|
| Docket Date |
2022-12-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case is directed to show cause in writing, if any there be, on or before December 27, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants’ 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 |
2022-11-17
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that this court's October 27, 2022 order to show cause is discharged.
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|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ **DISCHARGED**ORDERED that appellants' November 14, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
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|
| Docket Date |
2022-11-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ *AND* RESPONSE
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-11-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (838 PAGES)
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellants are 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 or other sanctions imposed for failure to comply with this court's October 11, 2022 order.
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|
| Docket Date |
2022-10-11
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Clerk’s Affidavit filed September 30, 2022, it is ORDERED that appellants shall file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
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|
| Docket Date |
2022-09-30
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the above-styled appeal shall proceed from the July 11, 2022 final judgment of foreclosure. Further, ORDERED that the court's August 4, 2022 order requesting briefing on the issue of jurisdiction is vacated.
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|
| Docket Date |
2022-08-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ **VACATED** ORDERED that, within ten (10) days from the date of this order, appellants shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellants shall specifically address how the July 11, 2022 order is an appealable final or nonfinal order, as it appears appellant's counterclaim is currently pending in the trial court. See Mantabs, LLC v. Happy Fiddler Ass'n, 279 So. 3d 661 (Fla. 2d DCA 2019) (dismissing appeal as premature because an interrelated counterclaim remained pending in the trial court). Further,Appellee may file a response within ten (10) days of service of that statement.
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|
| Docket Date |
2022-08-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-03
|
| 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.
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|
| Docket Date |
2022-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-08-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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