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STEVEN K. SCHWARTZ, P.A., Appellant(s) v. THE PERSONAL REPRESENTATIVE OF THE THE ESTATE OF DERRICK L. LIPSCOMB, DECEASED, Appellee(s).
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4D2022-3394
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2022-12-21
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Closed
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|
| Classification |
NOA Final - Circuit Probate - Probate
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
PRC13-4814
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Parties
| Name |
STEVEN K. SCHWARTZ, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Steven K. Schwartz
|
|
| Name |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason D. Weisser, Andrew A. Harris, Scott R. Bugay
|
|
| Name |
Hon. Nicholas Lopane
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-11-17
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
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| View |
View File
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| Docket Date |
2023-10-26
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| Type |
Order
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| Subtype |
Show Cause for Brief or Record on Appeal
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| Description |
Show Cause for Brief or Record on Appeal
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| View |
View File
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| Docket Date |
2023-08-22
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 18, 2023 notice of voluntary dismissal, the cross-appeal in the above-styled case is dismissed.
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| Docket Date |
2023-08-18
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal ~ OF CROSS-APPEAL
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| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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|
| Docket Date |
2023-08-08
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
ORD-Deny Relinquishment of Jurisdiction ~ Upon consideration of appellant's July 26, 2023 response, it is ORDERED that appellee's July 14, 2023 motion for extension of relinquishment period is treated as a motion for relinquishment and is denied. Further, to the extent the motion requests dismissal, the motion is denied.
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| Docket Date |
2023-07-26
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
Steven K. Schwartz, P.A.
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| Docket Date |
2023-07-21
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
ORD-Appellant to File Response ~ ORDERED that appellant/cross-appellee is directed to respond, within ten (10) days from the date of this order, to appellee/cross-appellant’s July 14, 2023 status report regarding relinquishment of jurisdiction and motion for extension of relinquishment period.
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| Docket Date |
2023-07-14
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time ~ *AND* STATUS REPORT
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| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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| Docket Date |
2023-06-16
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee’s request to extend relinquishment found within the June 14, 2023 status report is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days from the date of this order. Appellee shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee 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.
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| Docket Date |
2023-06-14
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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|
| Docket Date |
2023-05-19
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee’s request to extend relinquishment found within the May 16, 2023 status report is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days from the date of this order. Appellee shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee 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.
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| Docket Date |
2023-05-16
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
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| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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| Docket Date |
2023-05-10
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| Type |
Order
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| Subtype |
Order
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| Description |
ORD-Moot ~ ORDERED that appellee's April 17, 2023 motion to consolidate is determined to be moot.
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| Docket Date |
2023-04-20
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee’s request to extend relinquishment found within the April 17, 2023 status report is granted in part. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days from the date of this order. Appellee shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee 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.
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| Docket Date |
2023-04-17
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| Type |
Motions Other
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| Subtype |
Motion To Consolidate
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| Description |
Motion To Consolidate
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| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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| Docket Date |
2023-04-17
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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| Docket Date |
2023-03-30
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee’s request to extend relinquishment found within the March 9 ad 20, 2023 status reports is granted. Relinquishment of jurisdiction to the trial court is continued up to April 20, 2023. Appellee shall forward to this court a copy of any order issued during relinquishment. It is furtherORDERED that appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee 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. Further, ORDERED that appellee's request to dismiss the petition for writ of prohibition filed under case number 4D23-657 is denied, without prejudice to appellee filing a response therein.
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| Docket Date |
2023-03-20
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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| Docket Date |
2023-03-09
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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| Docket Date |
2023-02-16
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee’s motion to extend relinquishment found within the February 14, 2023 status report is granted in part. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days from the date of this order.Appellee shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee 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.
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| Docket Date |
2023-02-14
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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| Docket Date |
2023-01-13
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that this cross-appeal shall proceed. Further, ORDERED that appellee/cross-appellant's January 5, 2023 request to abate this appeal is treated as a request to relinquish jurisdiction and is granted. Jurisdiction is relinquished to the trial court for thirty (30) days to issue an order disposing of the portion of the December 15, 2022 motion seeking reconsideration. The appellee/cross-appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellee/cross-appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee/cross-appellant 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.
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| Docket Date |
2023-01-12
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing
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| On Behalf Of |
Steven K. Schwartz, P.A.
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| Docket Date |
2023-01-06
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| Type |
Misc. Events
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| Subtype |
Cross-Notice Filing Fee Paid through Portal
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| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
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| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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| Docket Date |
2023-01-06
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's January 5, 2023 motion to dismiss cross-appeal 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 |
2023-01-05
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| Type |
Notice
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| Subtype |
Notice of Cross Appeal
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| Description |
Notice of Cross Appeal ~ *AND* REQUEST FOR ABEYANCE
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-01-05
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss ~ ***STRICKEN***
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| On Behalf Of |
Steven K. Schwartz, P.A.
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| Docket Date |
2022-12-22
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2022-12-22
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2022-12-21
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2022-12-21
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Steven K. Schwartz, P.A.
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STEVEN K. SCHWARTZ, P.A. VS GUARDIANSHIP OF CLINTON E. RAMSDEN, JR.
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4D2022-2889
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2022-10-25
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Closed
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| Classification |
NOA Final - Circuit Probate - Probate
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
PRC21-4947
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Parties
| Name |
STEVEN K. SCHWARTZ, P.A.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Steven K. Schwartz
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|
| Name |
Guardianship of Clinton E. Ramsden, Jr.
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| Role |
Appellee
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| Status |
Active
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| Representations |
John F. Phillips
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|
| Name |
Hon. Nicholas Lopane
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
3333-01-12
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Docket Entry
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| Description |
Miscellaneous (DNU) ~ ***APPENDIX TO BE USED IN LIEU OF RECORD ON APPEAL PER 1/10/23 NOTICE***
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| Docket Date |
2023-05-08
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2023-05-05
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2023-04-13
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2023-01-10
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing
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| On Behalf Of |
Steven K. Schwartz, P.A.
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| Docket Date |
2023-01-05
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
Steven K. Schwartz, P.A.
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| Docket Date |
2023-01-04
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Steven K. Schwartz, P.A.
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| Docket Date |
2022-10-25
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2022-10-25
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2022-10-25
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2022-10-25
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Steven K. Schwartz, P.A.
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Personal Representative of the ESTATE OF DERRICK L. LIPSCOMB VS STEVEN K. SCHWARTZ, STEVEN K. SCHWARTZ, P.A., SCOTT BUGAY and D.Z.L., a minor
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4D2021-0997
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2021-03-05
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Closed
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|
| Classification |
NOA Final - Circuit Probate - Probate
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
PRC13-004814 (60J)
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Parties
| Name |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Jason D. Weisser, Andrew A. Harris
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|
| Name |
D.Z.L., a Minor
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| Role |
Appellee
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| Status |
Active
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| Representations |
Scott R. Bugay, Debbie Maken, Carlos De Zayas, Steven K. Schwartz
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|
| Name |
STEVEN K. SCHWARTZ, P.A.
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Hon. Jeffrey R. Levenson
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Hon. Mily Rodriguez Powell
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2022-06-21
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissal ~ Upon consideration of appellees’ June 6, 2022 status report, it is ORDERED that this appeal is dismissed without prejudice to either party appealing from a final, appealable order after the trial court has completed the remaining judicial labor required to finalize the portions of the February 5, 2021 order (1) granting Steven K. Schwartz, Esq.’s amended petition for attorneys’ fees, costs, and expert witness fees; and (2) denying the personal representative's and guardian ad litem's motion for determination of sanctions. See Fla. R. App. P. 9.170(b); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994) (dismissing an appeal as the order entitling attorney’s fees without determining an amount is not appealable). KLINGENSMITH, C.J., DAMOORGIAN and KUNTZ, JJ., concur.
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| Docket Date |
2022-06-21
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2022-06-06
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
D.Z.L., a Minor
|
|
| Docket Date |
2022-04-12
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellees’ April 8, 2022 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for sixty (60) days. Appellees shall forward to this court a copy of any order issued during relinquishment. The parties are advised that no further extensions will be granted. This court previously granted five extensions for relinquishment, totaling 240 days. Failure to obtain a final appealable order during relinquishment may result in a sua sponte dismissal of this appeal for lack of jurisdiction.
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|
| Docket Date |
2022-04-08
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ STATUS REPORT AND MOTION FOR EXTENSION OF RELINQUISHMENT PERIOD
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| On Behalf Of |
D.Z.L., a Minor
|
|
| Docket Date |
2022-02-07
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee Steven K. Schwartz’s January 28, 2022 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for sixty (60) days. The appellee shall forward to this court a copy of any order issued during relinquishment. This court previously granted four extensions for relinquishment, totaling 180 days. Failure to obtain a final appealable order during relinquishment may result in a sua sponte dismissal of this appeal for lack of jurisdiction.
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|
| Docket Date |
2022-01-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
D.Z.L., a Minor
|
|
| Docket Date |
2021-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that the November 22, 2021 “motion for extension of relinquishment period” is treated as a motion to relinquish jurisdiction and is granted. Jurisdiction is relinquished to the trial court for sixty (60) days for the trial court to enter an order as to Steven K. Schwartz, Esq.’s entitlement to attorney's fees, costs, and expert witness fees specifically to set the amount awarded. The parties shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that the parties shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of the parties 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 |
2021-11-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ **AND** STATUS REPORT
|
| On Behalf Of |
D.Z.L., a Minor
|
|
| Docket Date |
2021-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that the parties’ September 8, 2021 “motion for extension of relinquishment period” is treated as a motion to relinquish jurisdiction and is granted. Jurisdiction is relinquished to the trial court for sixty (60) days for the trial court to enter an order as to Steven K. Schwartz, Esq.’s entitlement to attorney's fees, costs, and expert witness fees specifically to set the amount awarded. The parties shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that the parties shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of the parties 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.
|
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| Docket Date |
2021-09-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AND MOTION FOR EXTENSION OF RELINQUISHMENT PERIOD
|
| On Behalf Of |
D.Z.L., a Minor
|
|
| Docket Date |
2021-08-30
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report within ten (10) days from the date of this order regarding relinquishment of jurisdiction.
|
|
| Docket Date |
2021-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee, Steven K. Schwartz, Esquire's July 21, 2021 motion to extend relinquishment is granted in part. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.Appellee shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee 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 |
2021-07-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
D.Z.L., a Minor
|
|
| Docket Date |
2021-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellee, Steven K. Schwartz’s June 21, 2021 motion to extend relinquishment is granted in part. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days, without prejudice to seeking a further extension if necessary. Appellee shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee 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 |
2021-06-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
D.Z.L., a Minor
|
|
| Docket Date |
2021-05-04
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-05-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1319 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ Upon consideration of appellant's April 6, 2021 response, it isORDERED that appellee Steven K. Schwartz's March 24, 2021 "motion to dismiss appeal, or in the alternative, motion to stay appeal until a final, appealable order is entered" is treated as a motion to relinquish jurisdiction and is granted. Jurisdiction is relinquished to the trial court for sixty (60) days for the circuit court to enter an order as to Steven K. Schwartz, Esq.’s entitlement to attorney's fees, costs, and expert witness fees specifically to set the amount awarded. Appellee shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee 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 |
2021-04-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS APPEAL, OR IN THE ALTERNATIVE, MOTION TO STAY APPEAL UNTIL A FINAL, APPEALABLE ORDER IS ENTERED
|
| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
|
|
| Docket Date |
2021-03-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
D.Z.L., a Minor
|
|
| Docket Date |
2021-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
D.Z.L., a Minor
|
|
| Docket Date |
2021-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **Certified Copy**
|
|
| Docket Date |
2021-03-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-03-08
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-03-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
The Personal Representative of the Estate of Derrick L. Lipscomb, Deceased
|
|
| Docket Date |
2021-03-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
STEVEN K. SCHWARTZ, P.A., VS MIRIAM BANKS,
|
3D2019-0839
|
2019-05-02
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Guardianship - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-1010
|
Parties
| Name |
STEVEN K. SCHWARTZ, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
STEVEN K. SCHWARTZ
|
|
| Name |
MIRIAM BANKS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jorge E. Cueto
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-06-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-06-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-05-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion
|
|
| Docket Date |
2019-05-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-05-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2019-05-01
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
STEVEN K. SCHWARTZ, P.A.
|
|
| Docket Date |
2019-05-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
STEVEN K. SCHWARTZ, P.A.
|
|
|
