Stephen Smith and Tina Smith, Appellant(s) v. David Neill and Fiona Neill, Appellee(s).
|
5D2024-0838
|
2024-03-29
|
Closed
|
|
Classification |
NOA Final - County Small Claims - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
County Court for the Fourth Judicial Circuit, Duval County
2022-SC-008575
|
Parties
Name |
Tina Smith
|
Role |
Appellant
|
Status |
Active
|
|
Name |
STEPHEN SMITH, INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Preston Oughton
|
|
Name |
David Neill
|
Role |
Appellee
|
Status |
Active
|
Representations |
Fred Cromwell Isaac
|
|
Name |
Fiona Neill
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Michelle L. Kalil
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Circuit Court Duval
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-07-24
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp. w/o Mandate
|
|
Docket Date |
2024-06-28
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Motion/Notice Voluntary Dismissal
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2024-06-19
|
Type |
Order
|
Subtype |
Order
|
Description |
Order of Successful Mediation
|
View |
View File
|
|
Docket Date |
2024-06-10
|
Type |
Order
|
Subtype |
Order on Extension of Time to Complete Mediation
|
Description |
Order on Extension of Time to Complete Mediation; MED TO BE COMPLETED BY 6/14/24
|
View |
View File
|
|
Docket Date |
2024-06-05
|
Type |
Mediation
|
Subtype |
Med Motion for extension of time
|
Description |
Second Med Motion for extension of time to complete mediation
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2024-05-20
|
Type |
Order
|
Subtype |
Order on Extension of Time to Complete Mediation
|
Description |
Order on Extension of Time to Complete Mediation
|
View |
View File
|
|
Docket Date |
2024-05-10
|
Type |
Mediation
|
Subtype |
Med Motion for extension of time
|
Description |
Med Motion for extension of time
|
On Behalf Of |
Stephen Smith
|
View |
View File
|
|
Docket Date |
2024-04-25
|
Type |
Order
|
Subtype |
Order Appointing Mediator
|
Description |
Order Appointing Mediator
|
View |
View File
|
|
Docket Date |
2024-04-22
|
Type |
Mediation
|
Subtype |
Response to Order of Referral to Mediation
|
Description |
Response to Order of Referral to Mediation
|
On Behalf Of |
Stephen Smith
|
View |
View File
|
|
Docket Date |
2024-04-12
|
Type |
Order
|
Subtype |
Order of Referral to Mediation
|
Description |
ORD-Referral To Mediation
|
|
Docket Date |
2024-04-11
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AA Preston Oughton 59389
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2024-04-10
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AA Preston Oughton 59389
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2024-04-09
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AE Fred C. Isaac 119132
|
On Behalf Of |
David Neill
|
|
Docket Date |
2024-04-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2024-03-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2024-03-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 3/25/2024
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2024-07-02
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
APPEAL DISMISSED; NOVD ACCEPTED
|
View |
View File
|
|
Docket Date |
2024-04-08
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2024-04-01
|
Type |
Order
|
Subtype |
Mediation Order to Counsel
|
Description |
Mediation Letter to Counsel
|
|
|
LYNN SANFORD, Appellant(s) v. PAUL SNYDER, ROB TAUB, ALBERT PEARSALL, LISA SOLICK, NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC., THE ORLANDO LAW GROUP, PL, STEPHEN SMITH, MICHAEL MCCAULEY, JENNIFER ENGLERT, DAVID S. GORDON, JOHN DICK, Appellee(s).
|
6D2023-2753
|
2023-06-02
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2020-CA-009504-O
|
Parties
Name |
LYNN SANFORD
|
Role |
Appellant
|
Status |
Active
|
Representations |
BRUCE BURTOFF, ESQ.
|
|
Name |
PAUL SNYDER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ROB TAUB
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ALBERT PEARSALL
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LISA SOLICK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
SHANNON MCLIN, ESQ., KYLE MIXSON, ESQ., JENNIFER A. ENGLERT, ESQ., THOMAS SCULCO, ESQ.
|
|
Name |
THE ORLANDO LAW GROUP, PL
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STEPHEN SMITH, INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MICHAEL MCCAULEY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JENNIFER ENGLERT
|
Role |
Appellee
|
Status |
Active
|
|
Name |
DAVID S. GORDON
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JOHN DICK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. REGINALD K. WHITEHEAD
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
TIFFANY RUSSELL, CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-04-05
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Amended Brief Required ~ The initial brief is compliant with Administrative Order 23-01, andbriefing shall continue. The parties are advised that on April 1, 2024, the SixthDistrict Court of Appeal promulgated Administrative Order 24-01, which iseffective on June 1, 2024. When effective, AO 24-01 will supersede AO 23-01.AO 24-01 requires an appellant to include a specific "Statement of Jurisdiction"and "Statement of Preservation" in the initial brief's table of contents, withcorresponding sections of the initial brief containing the required information.AO 24-01, with a non-exhaustive list of exemplars, can be accessed athttps://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders.
|
|
Docket Date |
2024-07-16
|
Type |
Motions Other
|
Subtype |
Motion for Reconsideration/Rehearing of an Order
|
Description |
APPELLANT'S MOTION FOR ENLARGEMENT OF TIME AND FOR RECONSIDERATION OF THIS COURT'S ORDER OF JULY 1, 2024 STRIKING APPELLANT'S THIRD AMENDED INITIAL BRIEF
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-07-15
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF UNAVAILABILITY
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-07-11
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
APPELLEES' MOTION TO STRIKE PORTIONS OF APPELLANT'S REPLY BRIEF
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2024-06-27
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
LYNN SANFORD
|
View |
View File
|
|
Docket Date |
2024-06-10
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Motion for Extension of Time to Serve Reply Brief - MOTION FOR A BRIEF EXTENSION OF TIME TO FILE THE
REPLY BRIEF
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-06-07
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Appellant's opposed motion to stay this matter for sixty days is denied. Appellees' renewed motion to expedite appeal is granted to the limited extent that appellant may serve a reply brief within twenty days from the date of this order. Following service of appellant's reply brief or expiration of the time to serve a reply brief, the case will be immediately assigned to a panel for review.
|
View |
View File
|
|
Docket Date |
2024-06-03
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE TO RENEWED MOTION FOR AN EXPEDITED APPEAL
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-05-29
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
APPELLANT'S THIRD AMENDED INITIAL BRIEF
|
On Behalf Of |
LYNN SANFORD
|
View |
View File
|
|
Docket Date |
2024-04-01
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant Initial Brief
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-03-19
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant Initial Brief
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-03-13
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record ~ SECOND STIPULATED MOTION TOSUPPLEMENT THE RECORD
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-05-23
|
Type |
Motions Other
|
Subtype |
Motion To Expedite
|
Description |
APPELLEES' RENEWED MOTION TO EXPEDITE APPEAL
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2024-05-23
|
Type |
Response
|
Subtype |
Response
|
Description |
APPELLEES' RESPONSE TO OPPOSED MOTION TO STAY THIS MATTER FOR SIXTY DAYS
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2024-05-23
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
View |
View File
|
|
Docket Date |
2024-05-15
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Record - 70 PAGES
|
On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
Docket Date |
2024-05-10
|
Type |
Motion
|
Subtype |
Stay
|
Description |
OPPOSED MOTION TO STAY THIS MATTER FOR SIXTY DAYS
|
On Behalf Of |
LYNN SANFORD
|
View |
View File
|
|
Docket Date |
2024-04-10
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's stipulated motion to supplement the record and second stipulated motion to supplement the record are granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motions, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
Docket Date |
2024-03-12
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Amended Brief Required ~ The initial brief does not comply with the additional briefing requirements of this court as set forth in the Sixth District Court of AppealAdministrative Order 23-01. Specifically:1) The initial brief does not contain a statement as to each issue presented, where in the record on appeal the issue was raised and ruled on; and2) The initial brief does not contain a statement of the basis for jurisdiction in this Court, including the basis for claiming that the judgment ororder appealed from is final.AO 23-01 can be accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders. Appellant shall file a corrected brief within ten days from the date of this order.
|
|
Docket Date |
2024-03-11
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-03-11
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-03-04
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief ~ Appendix 2
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-03-04
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-01-05
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ WHITEHEAD - 2890 PAGES
|
On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
Docket Date |
2024-01-04
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEES' RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR 60-DAY EXTENSION OF TIME TO FILE OPENING BRIEF
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2023-12-26
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case ~ AMENDED NOTICE OF RELATED CASE
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-12-22
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case ~ NOTICE OF THIRD RELATED CASE
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-12-21
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR SIXTY-DAY EXTENSION OF TIME TO FILE OPENING BRIEF
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-12-20
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-12-18
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO APPELLEES' MOTION TO STRIKE APPELLANT'S RESPONSE TO TO APPELLEES' MOTION TO EXPEDITE APPEAL WITH SUPPORTING AFFIDAVIT
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-12-05
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ APPELLEES' MOTION TO STRIKE PORTIONS OFTHE APPELLANT'S "RESPONSE TO APPELLEES' MOTIONTO EXPEDITE APPEAL WITH SUPPORTING AFFIDAVIT"
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2023-12-01
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL
|
On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
Docket Date |
2023-12-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSETO APPELLEE'S MOTION TO EXPEDITE APPEAL WITH SUPPORTING AFFIDAVIT
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-11-30
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-11-22
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEES' RESPONSE IN OPPOSITION TO "PETITIONER'S REQUEST FOR AN EXTENSION OF TIME FOR THE LOWER TRIBUNAL CLERK TO FILE A STATUS REPORT CONCERNING THE PREPARATION AND TRANSMISSION OF THE RECORD"
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2023-11-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ REQUEST FOR AN EXTENSION OF TIME FOR THE LOWER TRIBUNAL CLERK TO FILE A STATUS REPORT CONCERNING THE PREPARATION AND TRANSMISSION OF THE RECORD
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-11-21
|
Type |
Motions Other
|
Subtype |
Motion To Expedite
|
Description |
Motion To Expedite ~ APPELLEES' MOTION TO EXPEDITE APPEAL
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2023-11-15
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
status report from clerk on record ~ Within ten days of the date of this order, the lower tribunal clerk must file a status report concerning the preparation and transmission of the record.
|
|
Docket Date |
2023-11-13
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-11-09
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ As it appears that the order identified in the appellant's October 30, 2023, "notice" is the order challenged in this appeal, the appellant shall within 7 days of the date of this order file an amended notice of appeal, attaching the order.
|
|
Docket Date |
2023-10-30
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-07-25
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL
|
On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
Docket Date |
2023-06-26
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-06-20
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2023-06-20
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLEES' MOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2023-06-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO SHOW CAUSE ORDER OF JUNE 6, 2023
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2023-06-20
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLEES' MOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2023-06-06
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2023-06-06
|
Type |
Order
|
Subtype |
Show Cause re No Order Appealed
|
Description |
OSC - no order appealed
|
|
Docket Date |
2023-06-02
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-06-02
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-12-02
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case or Issue
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-07-18
|
Type |
Response
|
Subtype |
Response
|
Description |
APPELLEES' RESPONSE TO APPELLANT'S MOTION FOR ENLARGMENT OF TIME AND FOR RECONSIDERATION OF THIS COURT'S ORDER OF JULY 1, 2024, STRIKING APPELLANT'S THIRD AMENDED INITIAL BRIEF
|
On Behalf Of |
NORTH SHORE AT LAKE HART HOMEOWNERS' ASSOCIATION, INC.
|
|
Docket Date |
2024-07-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response and Opposition to Appellees' Motion to Strike Portions of Appellant's Reply Brief
|
On Behalf Of |
LYNN SANFORD
|
View |
View File
|
|
Docket Date |
2024-07-01
|
Type |
Order
|
Subtype |
Order
|
Description |
Appellant's Third Amended Initial Brief and its appendices are hereby stricken as unauthorized. Pursuant to this court's order issued April 5, 2024, appellant's Second Amended Initial Brief is the operative Initial Brief in this appeal at this time. Briefing shall continue in accordance with this court's June 7, 2024, order. Appellant's motion for extension of time to serve the reply brief is denied as moot.
|
View |
View File
|
|
Docket Date |
2024-03-25
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Amended Brief Required ~ From the Court's review of Appellant's amended initial brief, it appearsthat it still does not comply with the additional briefing requirements of thiscourt as set forth in the Sixth District Court of Appeal Administrative Order23-01. Specifically, the amended initial brief does not appear to contain astatement as to each issue presented, where in the record on appeal the issuewas raised and ruled on.Appellant shall file a corrected brief within ten days from the date of thisorder. A compliant brief would include a specific subject heading in the table ofcontents that points the Court to a section in the second amended briefcontaining the information required by the Administrative Order. AO 23-01 canbe accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders.
|
|
Docket Date |
2024-03-11
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record ~ STIPULATED MOTION TO SUPPLEMENT THE RECORD
|
On Behalf Of |
LYNN SANFORD
|
|
Docket Date |
2024-02-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant’s motion for extension of time to serve initial brief is granted to the extent that the initial brief shall be served on or before March 8, 2024.
|
|
Docket Date |
2023-12-21
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ The motion to expedite is denied without prejudice to refile the motion once the record on appeal is transmitted. Any such refiled motion must articulate a proposed timeline for expedited briefing. The motion for extension of time for clerk to file status report on record is denied as moot. The clerk of the lower tribunal shall, within ten days from the date of this order, provide this court with an anticipated date that the transcripts will be available for transmission to this court. The motion to strike portions of the response to the motion to expedite is denied. However, inasmuch as the response contains a request to stay, this request is denied without prejudice as it must be filed as a separate motion pursuant to Florida Rule of Appellate Procedure 9.310.
|
|
|
STEPHEN SMITH VS WATER BRIDGE 2 ASSOCIATION, INC.
|
4D2020-2541
|
2020-11-24
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-013326
|
Parties
Name |
STEPHEN SMITH, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
WATER BRIDGE 2 ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael R. Bass
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-03-16
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2021-03-16
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
Docket Date |
2021-02-26
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is 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 appellant's 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 |
2021-01-26
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1,422 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-12-09
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
Order Appealed
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2020-11-25
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
Docket Date |
2020-11-25
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-11-24
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2020-11-24
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
|
|
STEPHEN SMITH VS MARVIN FEUER
|
4D2019-1324
|
2019-05-09
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 12021816
|
Parties
Name |
STEPHEN SMITH, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
MARVIN FEUER
|
Role |
Appellee
|
Status |
Active
|
Representations |
Claire Cubbin
|
|
Name |
Hon. Jeffrey R. Levenson
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-08-09
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court’s June 14, 2019 and July 23, 2019 orders.
|
|
Docket Date |
2019-08-09
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2019-07-23
|
Type |
Order
|
Subtype |
Show Cause re Compliance with Prior Order
|
Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is 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 or other sanctions imposed for failure to comply with this court's June 14, 2019 order requiring appellant to obtain a final order and to file a copy with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2019-06-14
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non–appealable, non–final order, appellant shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well–established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings. Further, ORDERED that appellant’s June 13, 2019 motion for extension of time is denied as moot.
|
|
Docket Date |
2019-06-13
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ **MOOT. SEE 06/14/2019 ORDER.**
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-05-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's May 23, 2019 motion for extension of time is granted in part, and the time to comply with this court’s May 10, 2019 order is extended for fifteen (15) days from the date of this order.
|
|
Docket Date |
2019-05-23
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-05-22
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO THE COURTS ORDER FOR FILING FEE
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-05-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2019-05-10
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
Docket Date |
2019-05-10
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2019-05-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-05-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
|
STEPHEN SMITH VS WATER BRIDGE 2 ASSOCIATION, INC., et al.
|
4D2019-0659
|
2019-03-07
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 09004930
|
Parties
Name |
STEPHEN SMITH, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
MARVIN FEUER
|
Role |
Respondent
|
Status |
Active
|
|
Name |
LUIS RIOS
|
Role |
Respondent
|
Status |
Active
|
|
Name |
WATER BRIDGE 2 ASSOCIATION, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Ron M. Campbell, Barry A. Postman
|
|
Name |
ANDRE ECHEVARRIA
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Martin J. Bidwill
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-04-15
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2019-04-15
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that, having considered Petitioner's April 9, 2019 response, this case is dismissed. WARNER, MAY and KUNTZ, JJ., concur.
|
|
Docket Date |
2019-04-09
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ AMENDED.
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-04-08
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ AMENDED RESPONSE HAS BEEN FILED.
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-04-03
|
Type |
Order
|
Subtype |
Show Cause re Compliance with Prior Order
|
Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that, petitioner has failed to file a petition and appendix as required by this Court's March 8, 2019 order. Petitioner shall file a response within five (5) days of this order and show cause why this case should not be dismissed.
|
|
Docket Date |
2019-03-08
|
Type |
Order
|
Subtype |
Order Reclassifying Case
|
Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed in the Circuit Court is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
Docket Date |
2019-03-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2019-03-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
|
Docket Date |
2019-03-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2019-03-07
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
Stephen Smith
|
|
|
B. JOSEPH GRIFFITH AND JILL S. GRIFFITH VS WELLINGTON CHASE HOMEOWNER'S ASSOCIATION, INC., ET AL.
|
2D2019-0201
|
2019-01-14
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2017-CA-2655NC
|
Parties
Name |
JILL S. GRIFFITH
|
Role |
Appellant
|
Status |
Active
|
|
Name |
B. JOSEPH GRIFFITH
|
Role |
Appellant
|
Status |
Active
|
Representations |
HOSEA M. HORNEMAN, ESQ.
|
|
Name |
WELLINGTON CHASE HOMEOWNER'S ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
STEVEN B. SUNDOOK, ESQ., MICHELLE A. ROWE, ESQ.
|
|
Name |
GABRIEL SCHLOSSER, PRESIDENT
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JOHN CLEARY LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STEPHEN SMITH, INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NICHOLAS SPINA, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. FREDERICK P. MERCURIO
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-03-22
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2019-02-21
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed for failure of the appellants to comply with this court's January 15, 2019, fee order and January 16, 2019, order to show cause.
|
|
Docket Date |
2019-02-21
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ Sleet, Rothstein-Youakim, and Smith
|
|
Docket Date |
2019-01-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2019-01-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, an order of the circuit court finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
Docket Date |
2019-01-14
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
On Behalf Of |
B. JOSEPH GRIFFITH
|
|
Docket Date |
2019-01-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
HL:Fee Owed
|
|
Docket Date |
2019-01-16
|
Type |
Order
|
Subtype |
Show Cause Jurisdiction
|
Description |
OSC/Better Gov't Ass'n [summary judgment) ~ Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006) ("[A]n order merely granting a motion for summary judgment is not a final order."); Better Gov't Ass'n of Sarasota Cty. v. State, 802 So. 2d 414 (Fla. 2d DCA 2001). Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. Should appellant provide this court with such an appealable, final order within twenty days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order") (effective Jan. 1, 2015). If appellant fails to present an appealable order within that time frame, or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice.
|
|
|
STEPHEN SMITH VS WATER BRIDGE 2 ASSOCIATION, INC.
|
4D2019-0078
|
2019-01-09
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Prohibition
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 11009684
|
Parties
Name |
STEPHEN SMITH, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
WATER BRIDGE 2 ASSOCIATION, INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Ron M. Campbell
|
|
Name |
Hon. Michael A. Robinson
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-07-15
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that the petitioner's June 20, 2019 amended motion for rehearing, reconsideration and clarification is denied.
|
|
Docket Date |
2019-06-20
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ ***AMENDED***
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-06-13
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ ***SEE AMENDED MOTION 6/20/19***
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-05-29
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the January 9, 2019 petition, April 2, 2019 amended petition, April 24, 2019 second amended petition and the April 25, 2019 third amended petition for writ of prohibition are denied.GROSS, CONNER and KLINGENSMITH, JJ., concur.
|
|
Docket Date |
2019-05-29
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2019-04-25
|
Type |
Petition
|
Subtype |
Petition Prohibition
|
Description |
Petition Prohibition ~ **3RD AMENDED**
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-04-25
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ APPENDIX TO 3RD PETITION.
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-04-24
|
Type |
Petition
|
Subtype |
Petition Prohibition
|
Description |
Petition Prohibition ~ ***SECOND AMENDED***
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-04-24
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-04-22
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed ~ ***AMENDED***
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-04-04
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TIME TO FILE SUPPORTING APPENDIX TO THE PETITION
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-03-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that petitioner's March 8, 2019 motion for extension of time is granted. The time for Petitioner to file a supporting appendix is extended three (3) weeks from the date of this order.
|
|
Docket Date |
2019-03-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-02-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that Petitioner's January 25, 2019 motion for extension of time is granted. The time for Petitioner to file a supporting appendix is extended ten (10) days from the date of this order.
|
|
Docket Date |
2019-02-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE SUPPORTING APPENDIX TO THE PETITION, PER 01/15/2019 ORDER
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-02-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that Petitioner's February 11, 2019 motion for extension of time is granted. The time for Petitioner to file a supporting appendix is extended ten (10) days from the date of this order.
|
|
Docket Date |
2019-02-11
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-01-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that Petitioner's January 25, 2019 motion for extension of time is granted. The time for Petitioner to file an appendix is extended fifteen (15) days from the date of this order.
|
|
Docket Date |
2019-01-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE SUPPORTING APPENDIX TO THE PETITION, PER 01/15/2019 ORDER
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-01-15
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that the petition is not accompanied by a supporting appendix as required by Florida Rule of Appellate Procedure 9.100(g). Within ten (10) days of service of this order, petitioner shall file an appendix providing an adequate record to review the issue presented. Failure to file an appendix will result in dismissal of this proceeding.
|
|
Docket Date |
2019-01-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-01-10
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF INDIGENT STATUS
|
|
Docket Date |
2019-01-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Prohibition / Acknowledgment letter
|
|
Docket Date |
2019-01-09
|
Type |
Petition
|
Subtype |
Petition Prohibition
|
Description |
Petition Prohibition ~ INDIGENT PER 18-2419
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-01-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2019-04-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that Petitioner's April 4, 2019 motion for extension of time is granted. The time for Petitioner to file a supporting appendix is extended fifteen (15) days from this order. Absent extraordinary circumstances, no further extensions will be granted. Failure to file an appendix within the time provided in this order will result in dismissal of this proceeding.
|
|
|
STEPHEN SMITH VS WATER BRIDGE 2 ASSOCIATION, INC., et al.
|
4D2018-2419
|
2018-08-13
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 11009684
|
Parties
Name |
STEPHEN SMITH, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
WATER BRIDGE 2 ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Therese Ann Savona, Kathryn L. Ender, Ron M. Campbell
|
|
Name |
MARVIN FEUER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
DOTTY RAMJASS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ANGELA TAVERAS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LUIS RIOS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
RONALD L. WIER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ETHLYN ROLLEY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
KATHY SANDY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JACQUELINE CHANCE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ANDRE ECHEVERRIA
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Michael A. Robinson
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-03-01
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that appellant’s January 23, 2019 “motion for rehearing and clarification of sua sponte order dismissing the appeal as untimely filed” is denied. A notice of appeal does not need to be filed within a time period after service, but rather, thirty days after rendition of the order on appeal. Fla. R. App. P. 9.110(b). Therefore, Florida Rule of Judicial Administration 2.514(b) does not apply. See Moonier v. Florida Unemployment Appeals Commission, 73 So. 3d 366 (Fla. 1st DCA 2011) (“There is no 5–day grace period for filing an appeal from a final . . . order because the time to appeal runs from the date the order is filed and not from when the order is mailed.”).
|
|
Docket Date |
2019-01-23
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ AND CLARIFICATION OF SUA SPONTE ORDER DISMISSING THE APPEAL AS UNTIMELY FILED
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2019-01-08
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2019-01-07
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED sua sponte that the above-styled case is dismissed as untimely filed. The order awarding sanctions was entered on December 11, 2017 and the subsequent sanctions judgment was entered on July 9, 2018. Appellant did not file the notice of appeal until August 9, 2018, over thirty (30) days after the rendition date of the sanctions judgment. See Fla. R. App. P. 9.110(b) (“Jurisdiction of the court under this rule shall be invoked by filing a notice, accompanied by any filing fees prescribed by law, with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed.”). This court notes appellant’s November 20, 2018 jurisdictional brief and appellees’ November 30, 2018 response. Further,ORDERED that appellant’s November 21, 2018 motion to strike appellee’s motion to dismiss appeal is denied. Further,Upon consideration of appellant’s November 21, 2018 response in opposition, it is ORDERED that appellees’ November 20, 2018 motion to dismiss appeal is denied as moot. Further,Upon consideration of appellees’ December 13, 2018 response, it is ORDERED that appellant’s December 3, 2018 “motion requesting to file an enlarged or amended brief statement and to be allowed to file a brief reply statement” is denied as moot.GROSS, LEVINE and FORST, JJ., concur.
|
|
Docket Date |
2018-12-31
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ ATTACHED ORDERS OF JULY 9, 2018 AND JULY 10, 2018 FROM THE LT CASE
|
|
Docket Date |
2018-12-13
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT'S MOTION REQUESTING TO FILE AN ENLARGED OR AMENDED BRIEF STATEMENT ETC
|
On Behalf Of |
Water Bridge 2 Association, Inc.
|
|
Docket Date |
2018-12-10
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Upon consideration of appellant’s November 20, 2018 jurisdictional statement, it is ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the July 9, 2018 sanctions judgment. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
Docket Date |
2018-12-03
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion to Amend/Correct Brief ~ **DENIED AS MOOT. SEE 01/07/2019 ORDER.** "MOTION REQUESTING TO FILE AN ENLARGED OR AMENDED BRIEF STATEMENT AND TO BE ALLOWED TO FILE A BRIEF REPLY STATEMENT"
|
|
Docket Date |
2018-11-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT'S JURISDICTIONAL STATEMENT
|
On Behalf Of |
Water Bridge 2 Association, Inc.
|
|
Docket Date |
2018-11-30
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Water Bridge 2 Association, Inc.
|
|
Docket Date |
2018-11-21
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **MOTION TO STRIKE DENIED. SEE 01/07/2019 ORDER.** IN OPPOSITION AND MOTION TO STRIKE TO APPELLEE'S MOTION TO DISMISS APPEAL
|
|
Docket Date |
2018-11-21
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ SUPPLEMENTAL CASE LAW FOR BRIEF STATEMENT FILED NOVEMBER 20, 2018
|
|
Docket Date |
2018-11-20
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ **DENIED AS MOOT. SEE 01/07/2019 ORDER.**
|
On Behalf Of |
Water Bridge 2 Association, Inc.
|
|
Docket Date |
2018-11-20
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
|
Docket Date |
2018-11-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Deny Extension of Time ~ ORDERED that appellant's November 1, 2018 "verified motion for additional extension of time to file a brief statement per order of Oct. 17, 2018" is denied. The appellant shall file a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case within ten (10) days from the date of this order. Failure to file the jurisdictional statement within the time provided will result in the dismissal of this appeal for lack of jurisdiction.
|
|
Docket Date |
2018-11-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE A BRIEF STATEMENT PER ORDER OF OCT. 17, 2018
|
|
Docket Date |
2018-10-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's October 16, 2018 motion for extension of time is granted and the time within which to file a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case is extended an additional ten (10) days from the date of this order; further,Appellees may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2018-10-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE A BRIEF STATEMENT PER ORDER OF SEPT. 18, 2018
|
|
Docket Date |
2018-10-02
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1349 PAGES (PAGES 1-1309)
|
|
Docket Date |
2018-10-02
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's October 1, 2018 motion for extension of time is granted and the time within which to file a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case is extended an additional ten (10) days from the date of this order; furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2018-10-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE A BRIEF STATEMENT PER ORDER OF SEPT. 18, 2018
|
|
Docket Date |
2018-09-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's September 17, 2018 second motion for extension of time is granted and the time within which to file a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case is extended an additional ten (10) days from the date of this order; furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2018-09-17
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE A BRIEF STATEMENT PER ORDER OF AUG. 27, 2018
|
|
Docket Date |
2018-08-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's August 24, 2018 motion for extension of time is granted and the time within which to file a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case is extended an additional twenty (20) days from the date of this order; furtherAppellees may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2018-08-24
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO FILE A BRIEF STATEMENT PER ORDER OF AUG. 14, 2018
|
|
Docket Date |
2018-08-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Water Bridge 2 Association, Inc.
|
|
Docket Date |
2018-08-16
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
|
Docket Date |
2018-08-14
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2018-08-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2018-08-13
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2018-08-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
|
STEPHEN SMITH VS MICHAEL JAMES WINER, et al
|
4D2017-2255
|
2017-07-19
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 0919633 (08)
|
Parties
Name |
STEPHEN SMITH (DNU)
|
Role |
Appellant
|
Status |
Withdrawn
|
|
Name |
STEPHEN SMITH, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Michael Winer
|
Role |
Appellee
|
Status |
Active
|
Representations |
Mitchell A. Chester
|
|
Name |
WINER & ASSOCIATES, P.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. William W. Haury, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-06-08
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-06-08
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-05-23
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Citation
|
|
Docket Date |
2018-05-16
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
|
Docket Date |
2018-05-07
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
|
|
Docket Date |
2018-05-02
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellant's May 1, 2018 motion to strike is granted, and the April 26, 2018 initial brief is stricken from the docket. The request for dismissal in the motion to strike is denied. Appellant's May 2, 2018 motion for leave to file an amended initial brief is granted. Appellant shall file the amended initial brief by May 7, 2018. Failure to file the amended brief within five (5) days WILL RESULT IN DISMISSAL. The court notes that appellant has received several extensions of time already. No motions or other filings will toll the time to file the amended initial brief.
|
|
Docket Date |
2018-05-02
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
|
Docket Date |
2018-05-01
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ *AND* TO DISMISS APPEAL.
|
|
Docket Date |
2018-04-26
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ **STRICKEN**
|
|
Docket Date |
2018-03-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's March 16, 2018 motion for extension of time is granted, and appellant 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 will be subject to dismissal 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 initial 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 |
2018-03-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
|
Docket Date |
2018-02-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 2, 2018 motion for extension of time, included in the response to order to show cause, is granted, and appellant 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. Further ORDERED that this court's January 24, 2018 order to show cause is discharged. However, appellant is reminded that compliance with court orders and deadlines is required. This court has issued numerous orders to show cause in this case. Appellant must seek any extensions of time BEFORE the deadline expires, and should not wait for the court to issue orders to show cause. Further noncompliance may result in sanctions.
|
|
Docket Date |
2018-02-09
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's February 8, 2018 reply is stricken as unauthorized.
|
|
Docket Date |
2018-02-08
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response ~ **STRICKEN**
|
|
Docket Date |
2018-02-06
|
Type |
Response
|
Subtype |
Reply
|
Description |
Reply ~ (OBJECTION FOR EOT)
|
|
Docket Date |
2018-02-02
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
|
Docket Date |
2018-01-24
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before February 2, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2017-12-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court's December 1, 2017 order is discharged; further,ORDERED that appellant's December 11, 2017 motion for extension of time is granted, and appellant 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 |
2017-12-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ *AND* REQUEST FOR EOT.
|
|
Docket Date |
2017-12-01
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 11, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2017-10-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellant's October 9, 2017 response to this court's September 28, 2017 order to show cause, as well as appellant's October 16, 2017 response to this court's October 6, 2017 order to show cause, appellant is advised that the record on appeal was filed with this court on October 6, 2017, and the exhibits were filed with this court on October 16, 2017. Both the record and the exhibits are accessible to appellant through eDCA, this court's electronic docketing system, and appellant can access them electronically to draft his initial brief. Further ORDERED that appellant shall file his initial brief within thirty (30) days from the date of this order. Further ORDERED that the September 28, 2017 and October 6, 2016 orders to show cause are discharged.
|
|
Docket Date |
2017-10-16
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits
|
|
Docket Date |
2017-10-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
|
Docket Date |
2017-10-09
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
|
Docket Date |
2017-10-06
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 16, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2017-10-06
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (1794 PAGES)
|
|
Docket Date |
2017-09-28
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 9, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record-on-appeal 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 record-on-appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2017-07-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-07-19
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2017-07-19
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
STEPHEN SMITH (DNU)
|
|
|
STEPHEN SMITH VS CITY OF FORT LAUDERDALE PARK DIVISION
|
4D2017-0222
|
2017-01-19
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Mandamus
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15016340
|
Parties
Name |
STEPHEN SMITH, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
CITY OF FORT LAUDERDALE PARK DIVISION
|
Role |
Respondent
|
Status |
Active
|
Representations |
CYNTHIA A. EVERETT
|
|
Name |
Hon. Mily Rodriguez Powell
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-04-05
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2017-04-05
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Petition for Writ - Mandamus ~ We treat this petition as a petition for writ of mandamus. See Griffin v. Sistuenck, 816 So. 2d 600, 601 (Fla. 2002). The petition is denied because the circuit court properly dismissed petitioner’s petition for certiorari review as untimely. Capone v. Florida Bd. of Regents, 774 So. 2d 825, 826 (Fla. 4th DCA 2000) (holding that the 30-day time limitation for seeking certiorari review is jurisdictional, and appellate courts lack discretion to modify this jurisdictional limitation).WARNER, GERBER and FORST, JJ., concur.
|
|
Docket Date |
2017-02-15
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ **TREATED AS A PETITION FOR WRIT OF MANDAMUS - SEE 4/5/17 ORDER**
|
|
Docket Date |
2017-01-20
|
Type |
Order
|
Subtype |
Order Reclassifying Case
|
Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal filed in the Circuit Court is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
Docket Date |
2017-01-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2017-01-19
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-01-19
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
|
Docket Date |
2017-01-19
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
|
|
STEPHEN SMITH VS ADAM SOLOMON, LYNETTE FALZONE, FT. LAUDERDALE POLICE DEPT., ET AL.
|
4D2017-0189
|
2017-01-18
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-010275
|
Parties
Name |
STEPHEN SMITH, INC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
City of Fort Lauderdale, Florida
|
Role |
Appellee
|
Status |
Active
|
|
Name |
FT. LAUDERDALE POLICE DEPT.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LYNETTE FALZONE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ADAM SOLOMON
|
Role |
Appellee
|
Status |
Active
|
Representations |
Alain E. Boileau, Scott Clark Cochran
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-08-01
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution; further,ORDERED that appellee's July 30, 2018 motion to dismiss is determined to be moot.
|
|
Docket Date |
2018-08-01
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-07-30
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ (RENEWED)
|
On Behalf Of |
ADAM SOLOMON
|
|
Docket Date |
2018-07-11
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before July 23, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2018-07-11
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
ADAM SOLOMON
|
|
Docket Date |
2018-06-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's May 25, 2018 motion for extension of time is granted, and appellant 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 will be subject to dismissal 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 initial 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 |
2018-05-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
|
Docket Date |
2018-04-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ADAM SOLOMON
|
|
Docket Date |
2018-04-25
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response filed April 23, 2018 this court's April 13, 2018 order to show cause is discharged; further,ORDERED that appellant's motion for extension of time contained in appellant's response is granted. Appellant 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 |
2018-04-23
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
|
Docket Date |
2018-04-13
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED 4/25/18***ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before April 23, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2018-03-07
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response filed March 5, 2018, this court's February 21, 2018 order to show cause is discharged; further,ORDERED that appellant's motion for extension of time within the March 5, 2018 response is granted, and appellant 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 |
2018-03-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
|
Docket Date |
2018-02-21
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED 3/7/18***ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before March 5, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2018-01-03
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORD-Withdraw as Counsel ~ The December 13, 2017 motion of Alan M. Medof, Esquire, counsel for appellant, Stephen Smith to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20 day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all pleadings shall be sent to appellant, Stephen Smith at the address appearing below; Stephen Smith5950 Del Lago CircleApartment 209Sunrise, Florida 33313ssmithlegalcase@gmail.com(4) if substitute counsel does not appear within twenty (20) days from the date of this order, appellant, Stephen Smith is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
Docket Date |
2017-12-13
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-12-12
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 26, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2017-11-21
|
Type |
Order
|
Subtype |
Order on Motion to Withdraw Filing
|
Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellant's November 20, 2017 notice of withdrawal of initial brief filed in error due to e-file mistake is treated as a motion to withdraw the initial brief and is granted. The initial brief filed November 7, 2017 is considered withdrawn.
|
|
Docket Date |
2017-11-20
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF WITHDRAWAL OF INITIAL BRIEF FILED IN ERROR DUE TO E-FILE MISTAKE
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-11-08
|
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 appellant's response filed October 30, 2017, this court's October 19, 2017 order to show cause is discharged; further,ORDERED that appellant's motion for extension of time contained in the October 30, 2017 response is granted. Appellant's initial brief was filed November 7, 2017.
|
|
Docket Date |
2017-11-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ **WITHDRAWN 11/21/17**
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-10-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-10-19
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 11/8/17.**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 30, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2017-09-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 26, 2017 motion for extension of time is granted in part, and appellant shall serve the initial brief within fifteen (15) calendar 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 |
2017-09-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-09-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's September 5, 2017 motion for extension of time to file brief is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
Docket Date |
2017-09-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-08-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 8, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within twenty-five (25) 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 |
2017-08-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ **CORRECTED**
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-08-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's August 3, 2017 motion for extension of time is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
Docket Date |
2017-08-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ ***SEE CORRECTED MOTION***
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-08-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-08-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ CORRECTED.
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-08-02
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ **CORRECTED NOTICE FILED**
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-07-13
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response and motion for extension of time filed July 6, 2017, this court's June 23, 2017 order to show cause is discharged; further,ORDERED that appellant's motion for extension of time is granted, and appellant shall serve the initial brief within twenty (20) 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 |
2017-07-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ ***AMENDED*** TO ORDER TO SHOW CAUSE AND MOTION FOR EXTENSION
|
|
Docket Date |
2017-07-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **SEE AMENDED MOTION FILED 7/6/17** TO ORDER TO SHOW CAUSE AND MOTION FOR EXTENSION
|
|
Docket Date |
2017-06-23
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 7/13/17*** ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before July 3, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2017-05-30
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Supplement ~ RESPONSE TO THE COURT'S ORDER TO SHOW CAUSE OF MAY 16, 2017
|
|
Docket Date |
2017-05-26
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
|
Docket Date |
2017-05-16
|
Type |
Order
|
Subtype |
Show Cause re Compliance with Prior Order
|
Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is 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 or other sanctions imposed for failure to comply with this court's March 2 and April 11, 2017 orders requiring a final order to be obtained and filed in this court. If the final order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2017-04-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's April 3, 2017 motion for extension of time is granted, and the time in which to comply with this court's March 2, 2017 order is extended twenty (20) days from the date of this order.
|
|
Docket Date |
2017-04-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO OBTAIN FINAL ORDER
|
|
Docket Date |
2017-03-02
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
Aplnt to Obtain Final Order-Per Dobrick ~ This court notes that the order on appeal, the "order granting the motion to dismiss, plaintiff's third amended complaint with prejudice," can be found on page 206 of the record on appeal. The court notes that this is a non-appealable, non-final order, as it merely grants a motion to dismiss. See Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ's Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action is not a final order."). Appellant shall have thirty (30) days from the date of this order to obtain a final order which actually dismisses the complaint and file a copy in this court. ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
Docket Date |
2017-02-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
|
Docket Date |
2017-02-27
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 217 Pages
|
|
Docket Date |
2017-02-10
|
Type |
Order
|
Subtype |
Show Cause re Compliance with Prior Order
|
Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is 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 or other sanctions imposed for failure to comply with this court's January 19, 2017 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2017-01-19
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
Docket Date |
2017-01-19
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-01-18
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Stephen Smith
|
|
Docket Date |
2017-01-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
|
STEPHEN SMITH VS STATE OF FLORIDA
|
4D2015-3239
|
2015-08-27
|
Closed
|
|
Classification |
Original Proceedings - Circuit Criminal - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
14AP1
|
Parties
Name |
STEPHEN SMITH, INC
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Louis C. Arslanian
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Attorney General-W.P.B.
|
|
Name |
Clerk - St. Lucie
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-09-22
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the August 27, 2015 petition for writ of certiorari is denied.
|
|
Docket Date |
2015-09-22
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2015-08-27
|
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. 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 |
2015-08-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-08-27
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2015-08-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2015-08-27
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
STEPHEN SMITH
|
|
|
A / R ASSIST, INC. VS STEVEN GRAY, et al.,
|
2D2015-1629
|
2015-04-09
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2005-CA-004876-NC
|
Parties
Name |
A / R ASSIST, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
DOUGLAS R. BALD, ESQ., BRENDAN A. MC QUAID, ESQ., DAVID S. MAGLICH, ESQ.
|
|
Name |
STEVEN GRAY
|
Role |
Appellee
|
Status |
Active
|
Representations |
NATALIE J. CARLOS, ESQ., ALAN ROSENTHAL, ESQ., DAVID L. LUCK, ESQ.
|
|
Name |
REV ASSYST, L L C
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STEPHEN SMITH, INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
A C S HEALTHCARE SOLUTIONS, IN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-01-11
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-12-14
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellees filed a motion for appellate attorney's fees pursuant to sections 501.2105, 688.005, Florida Statutes; and pursuant to section 768.79, Florida Statutes, and Florida Rule of Civil Procedure 1.442. Appellees' motion for fees is remanded to the trial court for a determination of Appellees' entitlement to attorney's fees under the above-referenced grounds. If a finding of entitlement is made, the trial court shall determine the appropriate amount of the award. See Fla. R. App. P. 9.400(b). Appellees' motion for costs is stricken without prejudice to filing a timely motion for taxation of costs in the circuit court. See Fla. R. App. P. 9.400(a).Appellant's motion for appellate attorney's fees is denied.
|
|
Docket Date |
2016-12-14
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2016-12-06
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2016-09-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEES, ACS HEALTHCARE SOLUTIONS, INC. ANDSTEVEN GRAY'S, RESPONSE IN OPPOSITION TOAPPELLANT'S MOTION FOR ATTORNEYS' FEES AND COSTS
|
On Behalf Of |
STEVEN GRAY
|
|
Docket Date |
2016-09-19
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2016-09-16
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2016-07-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF
|
|
Docket Date |
2016-07-13
|
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 |
A / R ASSIST, INC.
|
|
Docket Date |
2016-06-22
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
STEVEN GRAY
|
|
Docket Date |
2016-06-22
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Fees and Cost
|
On Behalf Of |
STEVEN GRAY
|
|
Docket Date |
2016-06-22
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
STEVEN GRAY
|
|
Docket Date |
2016-06-10
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 2ND SUPPLEMENTAL
|
|
Docket Date |
2016-05-23
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLEES' NOTICE OF COMPLIANCE WITH MAY 12, 2016ORDER REGARDING THE RECORD ON APPEAL
|
On Behalf Of |
STEVEN GRAY
|
|
Docket Date |
2016-05-12
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
grant supp/short/explain procedure ~ Appellees' motion to supplement the record is granted to the extent that the appellees shall make arrangements within three days with the clerk of circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Because the record must be supplemented through the clerk of the lower tribunal as just described, the copies of the record materials attached to the motion to supplement will not be considered by this court.
|
|
Docket Date |
2016-05-03
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEES' MOTION TO SUPPLEMENT RECORD ON APPEAL
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2016-04-26
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ Within 10 days, appellant shall respond to appellees' motion to supplement record on appeal.
|
|
Docket Date |
2016-04-07
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
STEVEN GRAY
|
|
Docket Date |
2016-02-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ /vh
|
|
Docket Date |
2016-02-08
|
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 |
STEVEN GRAY
|
|
Docket Date |
2015-12-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60-AB DUE 02/09/16
|
On Behalf Of |
STEVEN GRAY
|
|
Docket Date |
2015-11-16
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief ~ PART 1
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-11-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-11-10
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
REHEARING REINSTATEMENT MOTION APPENDIX/ATTACHMENT
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-11-13
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
Deny Rehearing of Order-59 ~ VH
|
|
Docket Date |
2015-11-10
|
Type |
Motions Other
|
Subtype |
Motion for Reconsideration/Rehearing of an Order
|
Description |
Motion For Rehearing on an Order ~ APPELLANT'S MOTION FOR REHEARING OF MOTION TO FILE INITIAL BRIEF IN EXCESS OF FIFTY PAGES
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-11-04
|
Type |
Order
|
Subtype |
Order on Motion To File Enlarged Brief
|
Description |
Order Denying Enlarged Brief ~ VH-amended IB(10)
|
|
Docket Date |
2015-11-02
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits ~ **STRICKEN**(see 11-4-15 ord)
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-11-02
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion To File Enlarged Brief
|
Description |
Motion To File Enlarged Brief
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-11-02
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief ~ **STRICKEN**(see 11-4-15 ord) PART 2
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-10-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-10-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ -cm
|
|
Docket Date |
2015-10-13
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ RECORD PART 2
|
|
Docket Date |
2015-09-21
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
grant supp/long/explain procedure ~ VH
|
|
Docket Date |
2015-09-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ DEFENDANTS/APPELLEES, ACS HEALTHCARE SOLUTIONS, INC.'SAND STEVEN GRAY'S, RESPONSE TO PLAINTIFF/APPELLANT'SMOTION TO SUPPLEMENT THE RECORD
|
On Behalf Of |
STEVEN GRAY
|
|
Docket Date |
2015-08-25
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ VH-from AE to AA's mot to supplement the rec
|
|
Docket Date |
2015-08-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ -cm
|
|
Docket Date |
2015-08-12
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-08-06
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-06-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ CM
|
|
Docket Date |
2015-06-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-06-11
|
Type |
Letter-Case
|
Subtype |
Letter
|
Description |
Letter ~ Notification of Non-Payment for Appellate Record
|
On Behalf Of |
SARASOTA CLERK
|
|
Docket Date |
2015-04-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
STEVEN GRAY
|
|
Docket Date |
2015-04-15
|
Type |
Order
|
Subtype |
Certificate of Service
|
Description |
c of s; mailing addresses
|
|
Docket Date |
2015-04-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
A / R ASSIST, INC.
|
|
Docket Date |
2015-04-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
STEPHEN SMITH VS STATE OF FLORIDA
|
5D2012-1723
|
2012-05-02
|
Closed
|
|
Classification |
NOA Final - Circuit Criminal - Judgment and Sentence
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Citrus County
2011 CF 1008 A
|
Parties
Name |
STEPHEN SMITH, INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
GARY G. GRAHAM
|
|
Name |
STATE OF FLORIDA LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Rebecca Rock McGuigan, Office of the Attorney General
|
|
Name |
Clerk Citrus
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-10-13
|
Type |
Event
|
Subtype |
File Destroyed
|
Description |
File Destroyed
|
|
Docket Date |
2013-07-29
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records
|
|
Docket Date |
2013-06-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2013-05-17
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Per Curiam Opinion ~ & REMANDED W/ DIRECTIONS
|
|
Docket Date |
2012-10-31
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2012-10-11
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2012-10-01
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2012-09-27
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ MOT COMPEL GRANTED;SUA SPONTE, CITRUS CTY CLERK SHALL PROVIDE ATTY GEN. W/ COPY OF THE ROA W/I 10 DYS
|
|
Docket Date |
2012-09-21
|
Type |
Motions Other
|
Subtype |
Motion To Compel
|
Description |
Motion To Compel ~ TO COMPEL SERVICE OF RECORD
|
On Behalf Of |
State of Florida
|
|
Docket Date |
2012-09-18
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2012-08-27
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 1 VOL - CONFIDENTIAL RECORD - SUPPLEMENTAL 1 VOL 2;E-FILED
|
|
Docket Date |
2012-08-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief
|
|
Docket Date |
2012-08-16
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record
|
|
Docket Date |
2012-08-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2012-08-15
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2012-07-03
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief
|
|
Docket Date |
2012-06-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2012-06-15
|
Type |
Order
|
Subtype |
Order re Counsel
|
Description |
ORD-Withdraw as Counsel
|
|
Docket Date |
2012-06-13
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2012-06-11
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2012-06-04
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ AA'S RESPONSE IS ACCEPTED. THEREFORE, AMENDED NOA IS ACCEPTED AND APPEAL SHALL PROCEED SOLELY AS TO THE LOWER TRIBUNAL'S 3/20 AND 4/11 ORDERS
|
|
Docket Date |
2012-05-15
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2012-05-10
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 5/4ORDER
|
On Behalf Of |
STEPHEN SMITH
|
|
Docket Date |
2012-05-04
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ W/I 20DAYS AA SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED FOR LACK OF JURIS
|
|
Docket Date |
2012-05-02
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1VOL
|
|
Docket Date |
2012-05-02
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WW1:Waived-9.430
|
|
Docket Date |
2012-05-02
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
STEPHEN SMITH
|
|
|