| Docket Date |
2019-07-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR CORRECTION OF TYPOGRAPHICAL ERRORS IN OPINION AND ORDER ON APPELLATE FEES
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2019-07-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
VICTOR BRISK
|
|
| Docket Date |
2019-09-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-09-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellee/cross-appellant's July 9, 2019 motion for rehearing or rehearing en banc is denied. Further,ORDERED that the appellee/cross-appellant’s August 8, 2019 motion for rehearing or rehearing en banc and clarification of corrected opinion is denied.
|
|
| Docket Date |
2019-08-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2019-08-08
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
VICTOR BRISK
|
|
| Docket Date |
2019-07-29
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's June 26, 2019 order granting appellant/cross-appellees' motion for attorney's fees is vacated. The following order is substituted in its place: ORDERED that the appellant/cross-appellee Shoreline Foundation, Inc. and cross-appellees James A. Royo, Barry Reed, and John McGee’s January 23, 2019 motion for attorney’s fees pursuant Florida Rule of Appellate Procedure 9.400(b) and sections 517.211(6), 768.79(1), and 772.104(3), Florida Statutes (2018), is GRANTED. On remand, the trial court shall make the necessary determinations under each statute regarding any award of appellate fees. Additionally, on remand, the amount of attorney’s fees shall be assessed by the trial court upon due notice and hearing, subject to review by this court under Florida Rule of Appellate Procedure 9.400(c
|
|
| Docket Date |
2019-07-29
|
| Type |
Misc. Events
|
| Subtype |
Corrected Opinion
|
| Description |
Corrected opinion
|
|
| Docket Date |
2019-07-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE VICTOR BRISK'S MOTION FOR REHEARING OR REHEARING EN BANC
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2019-06-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees ~ **VACATED**ORDERED that the appellant/cross-appellees, Shoreline Foundation, Inc., James A. Royo, Barry Reed, and John McGee's January 23, 2019 motion for attorney's fees is granted conditioned on the trial court determining that appellees are entitled to fees under sections 517.211(6) and 772.104(3), Florida Statutes (2017) and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2019-06-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ **CORRECTED OPINION**
|
|
| Docket Date |
2019-04-16
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
|
|
| Docket Date |
2019-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on April 16, 2019, at 10:00 A.M. for 15 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2019-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
VICTOR BRISK
|
|
| Docket Date |
2019-02-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
| On Behalf Of |
VICTOR BRISK
|
|
| Docket Date |
2019-02-01
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Cross-Appellant's Reply Brief
|
| On Behalf Of |
VICTOR BRISK
|
|
| Docket Date |
2019-01-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2019-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONSE FILED.
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2019-01-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2019-01-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 3 DAYS TO 01/25/2019
|
|
| Docket Date |
2019-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2019-01-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2019-01-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 01/22/2018
|
|
| Docket Date |
2018-12-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
VICTOR BRISK
|
|
| Docket Date |
2018-12-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
VICTOR BRISK
|
|
| Docket Date |
2018-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
VICTOR BRISK
|
|
| Docket Date |
2018-11-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO JANUARY 3, 2019
|
|
| Docket Date |
2018-11-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-10-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 14 DAYS FROM 10/26/2018 TO 11/09/2018
|
|
| Docket Date |
2018-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-09-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS FROM 09/26/2018 TO 10/26/2018
|
|
| Docket Date |
2018-09-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-09-06
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 2694 PAGES
|
|
| Docket Date |
2018-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that appellant's August 30, 2018 motion for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended to and including September 21, 2018. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2018-08-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ PAYMENT RECEIPT FOR THE INDEX OF THE RECORD ON APPEAL
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that appellant's July 23, 2018 motion for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal is extended thirty (30) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2018-07-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-07-17
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
|
| Docket Date |
2018-06-26
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-06-11
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgment Letter
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-06-01
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2018-05-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on May 22, 2018. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 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 the cross-appeal and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of cross-appeal has a duty to tender the filing fee to the appellate court when the cross-appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.
|
|
| Docket Date |
2018-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ DUPLICATE
|
|
| Docket Date |
2018-05-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-05-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-05-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SHORELINE FOUNDATION, INC.
|
|
| Docket Date |
2018-05-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
