| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-021101
|
Parties
| Name |
Barbara Stone
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
WILLIAM ELMORE, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
William Baldwin
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition filed in this case is dismissed as duplicative of the petition that was denied in 4D20-361. MAY, CIKLIN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-07-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-07-10
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that petitioner's July 9, 2020 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained; further,ORDERED that petitioner’s July 9, 2020 “motion to waive formalistic requirements” is denied.
|
|
| Docket Date |
2020-07-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2020-07-09
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
|
| Docket Date |
2020-07-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2020-07-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed 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. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2020-07-09
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
Barbara Stone
|
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-021101
|
Parties
| Name |
Barbara Stone
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
WILLIAM ELMORE, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
William Baldwin
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-17
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2020-02-17
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Mandamus ~ ORDERED that the petition for writ of prohibition is treated as a petition for writ of mandamus. See Johnson v. State, 968 So. 2d 61 (Fla. 4th DCA 2007). The petition is denied without prejudice for Petitioner to bring the second motion to disqualify that she allegedly filed on September 23, 2019 to the trial court’s attention and to “seek an order from the court directing the clerk to reassign the case.” Fla. R. Jud. P. 2.330(j); further,ORDERED that the document filed by counsel titled "EMERGENCY PETITION FOR JUDICIAL ADJUDICATION OF MATTERS SET FORTH HEREIN" is stricken as unauthorized. This Court has already denied emergency treatment of this matter. No emergency exists. This filing is an abuse of emergency filing procedures and is frivolous. Counsel for Petitioner is cautioned that any further abuse of emergency filing procedures or frivolous filing in this Court will result in sanctions and referral to the Florida Bar; further,ORDERED that the “Emergency Petition to Waive Excessive Formalistic Requirements” filed February 11, 2020 is treated as a motion. The motion is granted, and the amended appendix filed February 11, 2020 is accepted as filed; further,ORDERED that the pro se Emergency Motion for Waiver of Filing Fee filed February 9, 2020 is stricken as unauthorized. Waite v. Wellington Boats, Inc., 459 So. 2d 431, 432 (Fla. 1st DCA 1984) (not cited) (“A party who appears in an action by an attorney may be heard only through the attorney who, so long as he remains the attorney of record, has the exclusive management and control of the action and of all steps and proceedings taken therein to enforce the rights and remedies of his client.”).LEVINE, C.J., GROSS and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-02-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **STRICKEN** EMERGENCY PETITION FOR JUDICIAL ADJUDICATION OF MATTERS SET FORTH HEREIN
|
| On Behalf Of |
Barbara Stone
|
|
| Docket Date |
2020-02-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Barbara Stone
|
|
| Docket Date |
2020-02-11
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ AMENDED.
|
| On Behalf Of |
Barbara Stone
|
|
| Docket Date |
2020-02-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed 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. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2020-02-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO WAIVE EXCESSIVE FORMALISTIC REQUIREMENTS.
|
| On Behalf Of |
Barbara Stone
|
|
| Docket Date |
2020-02-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Barbara Stone
|
|
| Docket Date |
2020-02-10
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
|
| Docket Date |
2020-02-10
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition
|
| On Behalf Of |
Barbara Stone
|
|
| Docket Date |
2020-02-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2020-02-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
CA:Sent to Collections
|
|
| Docket Date |
2020-02-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the petition 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, was not fully text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with 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 |
2020-02-10
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **STRICKEN**
|
| On Behalf Of |
Barbara Stone
|
|
|
