| Docket Date |
2020-02-06
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2020-01-07
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ The court's November 15, 2019, order to show cause is discharged. Having received appellant's response to the show cause order and appellee's reply, the court hereby dismisses this appeal as untimely.
|
|
| Docket Date |
2020-01-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ The court's November 15, 2019, order to show cause is discharged. Having received appellant's response to the show cause order and appellee's reply, the court hereby dismisses this appeal as untimely.
|
|
| Docket Date |
2020-01-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ LaRose, Lucas, and Atkinson
|
|
| Docket Date |
2019-12-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S REPLY TO APPELLANT'S RESPONSE TO THIS COURT'S ORDER TO SHOW CAUSE
|
| On Behalf Of |
J. J. M.
|
|
| Docket Date |
2019-11-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
L. M. M.
|
|
| Docket Date |
2019-11-15
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ ***DISCHARGED***(see 01/07/2020 order)Appellant appeals a nonfinal order concerning venue. Appellant previously raised venue issues in a prior motion and at a prior hearing, for which we have no transcript. The trial court disposed of that motion in a nonfinal order rendered on November 15, 2017. Appellant did not appeal the November 15, 2017, order, and the time to seek an interlocutory appeal of that order expired before Appellant filed the instant appeal. See Fla. R. App. P. 9.130(b) (providing that a party must file a notice of appeal of a nonfinal order "within 30 days of rendition of the order to be reviewed"). "An untimely appeal cannot be revived by obtaining a new order to the same effect as the original and then filing the notice of appeal within thirty days of the more recent order." Caldwell v. Wal-Mart Stores, Inc., 980 So. 2d 1226, 1229 (Fla. 1st DCA 2008); see also Decktight Roofing Servs., Inc. v. Amwest Sur. Ins., 841 So. 2d 667, 668 (Fla. 4th DCA 2003) ("A party cannot circumvent the 'strict' thirty-day time limitation imposed for non-final orders by filing a second motion addressing the same issue raised and decided in an earlier motion, and then seek review of the second motion by certiorari."); Bensonhurst Drywall, Inc. v. Ledesma, 583 So. 2d 1094, 1094-95 (Fla. 4th DCA 1991) ("Petitioner cannot evade the time requirements of Florida Rule of Appellate Procedure 9.100(c) by filing successive motions addressed to the same issue. We liken this to the filing of a motion for rehearing from a non-final order which does not toll rendition."). Accordingly, Appellant shall show cause within twenty days of the date of this order why this appeal should not be dismissed as untimely. Appellee shall have ten days from the date that Appellant files her response to file a written response.
|
|
| Docket Date |
2019-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
GR T/ACCEPT BRF FILED AS TIMELY ~ Appellee's motion to accept answer brief as timely is granted. The answer brief is accepted as timely filed.
|
|
| Docket Date |
2019-07-15
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
J. J. M.
|
|
| Docket Date |
2019-07-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
L. M. M.
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-STRICKEN ~ Based on a preliminary review of the answer brief, this court concludes, contrary to the assertion in the appellee's notice of confidential information in court filing, that the entire brief is not confidential. It is not clear why the argument section, for example, should be considered confidential. The notice of confidential information within court filing is therefore stricken. The answer brief will be held confidential for 10 days from the date of this order, after which the confidential designation will be removed unless the appellee files a notice of confidential information within court filing or a motion to determine confidentiality of court records that identifies with specificity the locations of the confidential information in the brief. See Fla. R. Jud. Admin. 2.420(d)(2)(A), (e)(1)(A). If any information in the brief is subject to Florida Rule of Judicial Administration 2.425, the appellee must serve an amended answer brief consistent with that rule. If the appellee does so, he shall file a motion to strike the existing answer brief.
|
|
| Docket Date |
2019-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information ~ ***STRICKEN**
|
| On Behalf Of |
J. J. M.
|
|
| Docket Date |
2019-06-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
J. J. M.
|
|
| Docket Date |
2019-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by June 27, 2019.
|
|
| Docket Date |
2019-05-31
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
J. J. M.
|
|
| Docket Date |
2019-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time
|
| On Behalf Of |
J. J. M.
|
|
| Docket Date |
2019-05-31
|
| 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 |
J. J. M.
|
|
| Docket Date |
2019-05-29
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
strike stipulation for extension of time
|
|
| Docket Date |
2019-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF EXTENSION OF TIME TO FILE ANSWER BRIEF (NON-FINAL)[See Amended Notice]
|
| On Behalf Of |
J. J. M.
|
|
| Docket Date |
2019-05-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
L. M. M.
|
|
| Docket Date |
2019-05-13
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
L. M. M.
|
|
| Docket Date |
2019-05-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ RESPONDENT'S MOTION TO STAY PROCEEDINGS PENDING APPEAL OF VENUE ORDERS (FORWARDED FROM CIRCUIT COURT)
|
| On Behalf Of |
L. M. M.
|
|
| Docket Date |
2019-04-29
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2019-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DESOTO CLERK
|
|
| Docket Date |
2019-04-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-04-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DESOTO CLERK
|
|
