|
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 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 |
2019-01-16
|
| 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.
|
|
| 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
|
|
|
|
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 |
2019-04-04
|
| 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.
|
|
| 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
|
|
|
|
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
|
|
|
|
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
|
|
|
