|
DAVID W. ROBERTS and ROYAL PALM PROPERTIES, LLC VS CHRISTIE'S GREAT ESTATES, INC., et. al.
|
4D2017-1416
|
2017-05-15
|
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
2009CA040545XXXXMB
|
Parties
| Name |
ROYAL PALM PROPERTIES LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAVID W. ROBERTS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brett L. Goldblatt, Robert J. Hauser, Gerald F. Richman, GARY STEVEN BETENSKY
|
|
| Name |
RICK S. FELBERBAUM
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTIE'S GREAT ESTATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gregory Scott Weiss, Stephen A. Mendelsohn, Lewis W. Murphy, Lorin Louis Mrachek, STEVEN TEPPLER, JEROLD IRA BUDNEY, DAVID R. HAZOURI, Alan Benjamin Rose, Robert A. Sweetapple, Berkley S. Vitale
|
|
| Name |
FELBERBAUM & ASSOCIATES, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Fabienne E. Fahnestock
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Joseph George Marx
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-07-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-07-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee, Christies Great Estates Inc., n/k/a Christies InternationalReal Estates, Inc.'s December 28, 2017 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2018-06-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-04-13
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2018-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2018-03-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2018-03-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2018-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's February 21, 2018 motion for extension of time is granted, and appellant shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2018-02-21
|
| 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 |
DAVID W. ROBERTS
|
|
| Docket Date |
2018-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 2/21/18.
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2018-01-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-12-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-12-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ (AMENDED) 15 DAYS TO 12/28/2017
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-10-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 10/19/17
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-08-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 9/19/17
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-07-25
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
|
| Docket Date |
2017-07-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ EVIDENCE (FILED IN 16-2768 11/3/16) (REDACTED PER L.T.)
|
|
| Docket Date |
2017-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 8/20/17
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-07-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JULY 7, 2017 ORDER
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-07-07
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ Upon consideration of appellants' June 29, 2017 amended notice of appeal, it is unclear why the June 21, 2017 order on motion for reconsideration, which was entered pursuant to relinquishment of jurisdiction in case number 4D16-2768, was filed in this case, 4D17-1416. Appellants are ORDERED to file a clarifying response within five (5) days, and to file the June 21, 2017 order in case number 4D16-2768 if appropriate.
|
|
| Docket Date |
2017-06-29
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ (CERT. COPY; FILED 6/28/17)
|
|
| Docket Date |
2017-05-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-05-15
|
| 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 that 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 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-05-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
DAVID W. ROBERTS and ROYAL PALM PROPERTIES, LLC VS RICK S. FELBERBAUM, et al.
|
4D2017-0865
|
2017-03-24
|
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
502009CA040545
|
Parties
| Name |
ROYAL PALM PROPERTIES LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
DAVID W. ROBERTS
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Robert A. Sweetapple, Gerald F. Richman
|
|
| Name |
RICK S. FELBERBAUM
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
GARY STEVEN BETENSKY, Stephen A. Mendelsohn, Gregory Scott Weiss, Brett L. Goldblatt, Alan Benjamin Rose, STEVEN TEPPLER, JEROLD IRA BUDNEY, Lorin Louis Mrachek
|
|
| Name |
CHRISTIE'S INTERNATIONAL REAL ESTATE, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FELBERBAUM & ASSOCIATES, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CHRISTIE'S GREAT ESTATES, INC.
|
| Role |
Respondent
|
| 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 |
2017-03-24
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-03-24
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-03-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-03-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the March 28, 2017 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2017-03-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-03-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2017-03-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DAVID W. ROBERTS and ROYAL PALM PROPERTIES, LLC VS CHRISTIE'S GREAT ESTATES, INC., et al.
|
4D2017-0531
|
2017-02-22
|
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
502009CA040545XXXXMB
|
Parties
| Name |
ROYAL PALM PROPERTIES LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAVID W. ROBERTS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Gerald F. Richman, Robert A. Sweetapple, Brett L. Goldblatt, GARY STEVEN BETENSKY, Robert J. Hauser
|
|
| Name |
GERARD P. LIGOURI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOSEPH G. LIGUORI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RICK S. FELBERBAUM
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTIE'S GREAT ESTATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lewis W. Murphy, Alan Benjamin Rose, Brigid Finerty Cech Samole, Elliot H. Scherker, STEVEN TEPPLER, JEROLD IRA BUDNEY, Stephen A. Mendelsohn, Lorin Louis Mrachek, Gregory Scott Weiss, DAVID R. HAZOURI, Berkley S. Vitale
|
|
| Name |
PREMIER ESTATE PROPERTIES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FELBERBAUM & ASSOCIATES, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CARMEN N. D'ANGELO, JR.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTIE'S INTERNATIONAL REAL ESTATE, 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 |
2017-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-06-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-06-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-06-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2018-03-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-03-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellees' June 30, 2017 motion for appellate attorneys' fees is granted conditioned on the trial court determining that appellees are entitled to fees under section 768.79, Florida Statutes (2016) and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2017-10-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Granting Clarification ~ ORDERED that appellee's October 26, 2017 motion for clarification is granted, and this court's October 18, 2017 consolidation order is vacated.
|
|
| Docket Date |
2017-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-10-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ **VACATED** ORDERED sua sponte that case numbers 4D16-2768 and 4D17-531 are now consolidated for purposes of assignment to the same panel only.
|
|
| Docket Date |
2017-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that appellees' August 30, 2017 motion to strike is denied.
|
|
| Docket Date |
2017-08-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ PORTIONS OF APPELLANTS' REPLY BRIEF
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-08-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-08-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's August 24, 2017 motion for extension of time is granted, and appellant shall serve the reply brief within two (2) business days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-08-24
|
| 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 |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-08-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 10 DAYS TO 8/24/17
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 20 DAYS TO 8/14/17
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-07-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-07-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-06-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONSE FILED 7/17/17
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-05-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that Stephen A. Mendelsohn's April 27, 2017 notice of unavailability is stricken as unauthorized.
|
|
| Docket Date |
2017-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 45 DAYS TO 6/16/17
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-04-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **STRICKEN 5/01/17** OF UNAVAILABILITY
|
| On Behalf Of |
CHRISTIE'S GREAT ESTATES, INC.
|
|
| Docket Date |
2017-04-11
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ RE: DIRECTIONS TO CLERK.
|
|
| Docket Date |
2017-04-11
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ TRANSCRIPT FROM PREVIOUS APPEAL 4D16-1694 (2489 PAGES).
|
|
| Docket Date |
2017-02-22
|
| 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 that 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 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAVID W. ROBERTS
|
|
| Docket Date |
2017-02-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-02-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
