| Docket Date |
2024-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2023-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellants' November 1, 2023 motion for extension of time is granted in part, and Appellants shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
| View |
View File
|
|
| Docket Date |
2023-07-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO CORRECT CLERICAL ERROR
|
| On Behalf Of |
Saralyn Nemser, P.A.
|
|
| Docket Date |
2023-06-30
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Jurisdiction Relinquished ~ ORDERED that appellees’ May 19, 2023 motion for leave to correct clerical error is granted. Further, ORDERED that jurisdiction is relinquished for fifteen (15) days to the trial court for entry of an amended final summary judgment order. The appellees shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellees shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellees to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellees’ May 19, 2023 motion for leave to correct clerical error.
|
|
| Docket Date |
2023-04-03
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ **WITHDRAWN**
|
| On Behalf Of |
Saralyn Nemser, P.A.
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, regarding the relinquishment of jurisdiction.
|
|
| Docket Date |
2022-12-27
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Jurisdiction Relinquished ~ ORDERED that, upon consideration of the appellants’ October 31, 2022 jurisdictional brief, appellee’s November 1, 2022 response, and the appellant’s November 28, 2022 supplemental jurisdictional brief, the court relinquishes jurisdiction for thirty (30) days to allow for the entry of a final judgment on the interpleader complaint or voluntary dismissal of the complaint. The appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2024-04-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-04-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE WITHDRAWING MOTION TO WITHDRAW AS COUNSEL
|
| On Behalf Of |
Saralyn Nemser, P.A.
|
|
| Docket Date |
2024-03-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-11-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees and Costs
|
|
| Docket Date |
2023-11-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| View |
View File
|
|
| Docket Date |
2023-11-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2023-10-04
|
| Type |
Record
|
| Subtype |
Appendix to Answer Brief
|
| Description |
Appendix to Amended Answer Brief of David Berbick
|
| On Behalf Of |
Saralyn Nemser, P.A.
|
|
| Docket Date |
2023-10-04
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Answer Brief of David Berbick
|
| On Behalf Of |
Saralyn Nemser, P.A.
|
| View |
View File
|
|
| Docket Date |
2023-10-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellee David Berbick's appendix to the answer 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 it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Record
|
| Subtype |
Appendix to Answer Brief
|
| Description |
Appendix to Answer Brief
|
|
| Docket Date |
2023-09-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2023-09-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief of David Berbick
|
| View |
View File
|
|
| Docket Date |
2023-08-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF ENTRY OF AMENDED FINAL SUMMARY JUDGMENT
|
| On Behalf Of |
Saralyn Nemser, P.A.
|
|
| Docket Date |
2023-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellees’ July 11, 2023 motion to extend time to correct clerical error is granted. Relinquishment of jurisdiction to the trial court is continued to August 28, 2023.Appellees shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellees shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellees to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2023-06-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Larry Beckford
|
|
| Docket Date |
2023-05-19
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO CORRECT CLERICAL ERROR
|
| On Behalf Of |
Saralyn Nemser, P.A.
|
|
| Docket Date |
2023-05-01
|
| 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 appellants’ response filed on April 28, 2023, this court’s April 19, 2023 order to show cause is discharged. Further, ORDERED that appellants’ April 28, 2023 motion for extension of time found within the response 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 |
2023-04-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ AND MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Larry Beckford
|
|
| Docket Date |
2023-04-19
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellants in the above-styled case 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 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.
|
|
| Docket Date |
2023-04-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that Holiday Hunt Russell's April 6, 2023 notice is treated as a motion to withdraw the April 3, 2023 motion to withdraw as counsel and is granted. Holiday Hunt Russell’s April 3, 2023 motion to withdraw as counsel is considered withdrawn.
|
|
| Docket Date |
2023-02-02
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Larry Beckford
|
|
| Docket Date |
2022-12-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 761 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-12-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO SUPPLEMENTAL BRIEF STATMENT
|
| On Behalf Of |
Larry Beckford
|
|
| Docket Date |
2022-11-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Supplement ~ BRIEF STATEMENT
|
| On Behalf Of |
Larry Beckford
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, within ten (10) days from the date of this order, appellants shall file in this court a brief supplemental statement addressing whether the interpleader complaint remains pending in the lower tribunal, and if so, how the claims disposed of by September 9, 2022 order are not interrelated with the interpleader complaint. Appellants shall file an appendix with the supplemental statement containing both the appellee’s crossclaim, appellants’ crossclaim, the interpleader complaint, and any other filings relevant to this court’s determination of jurisdiction. Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-11-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S JURISDICTIONAL STATEMENT
|
| On Behalf Of |
Saralyn Nemser, P.A.
|
|
| Docket Date |
2022-10-31
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Larry Beckford
|
|
| Docket Date |
2022-10-20
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant 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. Appellant shall specifically address how the September 9, 2022 order is an appealable final or nonfinal order, as it appears the order merely enters a judgment on a crossclaim and the complaint for interpleader remains pending. See Fla. R. App. P. 9.110(k) (“A partial final judgment, other than one that disposes of an entire case as to any party, is one that disposes of a separate and distinct cause of action that is not interdependent with other pleaded claims.”); Gallo v. Esser, 407 So. 2d 1062, 1062 (Fla. 5th DCA 1981) (holding an order dismissing a crossclaim in an interpleader action to be a nonappealable, nonfinal order). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-10-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Larry Beckford
|
|
| Docket Date |
2022-10-11
|
| 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.
|
|
| Docket Date |
2022-10-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Larry Beckford
|
|
