| Docket Date |
2020-03-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-05-08
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellate counsel for appellee Thomas Turner shall respond to the appellant's status report within 10 days of the date of this order.
|
|
| Docket Date |
2019-05-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE, THOMAS TURNER'S, RESPONSE TO APPELLANT'S STATUS REPORT AND REQUEST FOR PERMISSION TO DISMISS
|
| On Behalf Of |
THOMAS TURNER
|
|
| Docket Date |
2020-02-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within the conclusion portion of his answer brief, appellee seeks appellate attorneys' fees citing only to Florida Rule of Appellate Procedure 9.400(b). We deny appellee's fee request. See Rule 9.400(b) (providing in relevant part that "a motion for attorney's fees shall state the ground on which recovery is sought"); United Servs. Auto. Ass'n v. Phillips, 775 So. 2d 921, 922 (Fla. 2000) ("[A] party seeking attorney's fees in an appellate court must provide substance and specify the particular contractual, statutory, or other substantive basis for an award of fees on appeal [and] [i]t is simply insufficient for parties to only refer to rule 9.400 . . . in support of a motion for attorney's fees."); Bevan v. Cowart, 916 So. 2d 822, 822-23 (Fla. 2d DCA 2005) (denying appellee's request for fees which was contained within answer brief and noting that a party seeking appellate attorneys' fees must file a separate motion under rule 9.400(b) stating the legal basis for the claim); see also McCreary v. Fla. Residential Prop. & Cas. Joint Underwriting Ass'n, 758 So. 2d 692, 696 (Fla. 4th DCA 1999); Munroe Mem'l Hosp. v. Thompson, 388 So. 2d 1338, 1339 (Fla. 1st DCA 1980).
|
|
| Docket Date |
2020-02-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-02-11
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2020-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
THOMAS TURNER
|
|
| Docket Date |
2019-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, FEBRUARY 11, 2020, at 11:00 A.M., before: Judge Edward C. LaRose, Judge Robert J. Morris, Jr., Judge Anthony K. Black. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2019-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
ORD-GRANTING CONTINUANCE OF OA ~ Appellant’s motion filed October 8, 2019, for continuance of oral argument is granted. Oral argument scheduled for December 3, 2019, is canceled and will be rescheduled for a later date.
|
|
| Docket Date |
2019-10-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY - November 20, 2019 through and including December 6, 2019 - December 27, 2019 through January 7, 2020
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2019-10-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2019-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, DECEMBER 03, 2019, at 11:00 A.M., before: Judge Robert J. Morris, Jr., Judge Anthony K. Black, Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2019-08-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2019-07-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ **SEE ORDER DATED 2/19/2020 IN REGARDS TO ATTY FEE MOTION**
|
| On Behalf Of |
THOMAS TURNER
|
|
| Docket Date |
2019-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee Bruce Vanderlaan's motion for extension of time is granted. Appellee Vanderlaan's answer brief shall be served by July 8, 2019.
|
|
| Docket Date |
2019-06-17
|
| 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 |
THOMAS TURNER
|
|
| Docket Date |
2019-05-24
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2019-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee Bruce Vanderlaan's motion for extension of time is granted to the extent that the answer brief shall be served within 20 days of service of the amended initial brief.
|
|
| Docket Date |
2019-05-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE, THOMAS TURNER'S, RESPONSE TO COURT'S ORDER TO SHOW CAUSE WHY APPELLEE'S ANSWER BRIEF SHOULD NOT BE STRICKEN
|
| On Behalf Of |
THOMAS TURNER
|
|
| Docket Date |
2019-05-20
|
| 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 |
THOMAS TURNER
|
|
| Docket Date |
2019-05-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ The court has reviewed the full docket in this appeal including the parties' recent status reports. The court acknowledges the lifting of the bankruptcy stay, such that the appeal can proceed absent any jurisdictional impediment.The court's April 16, 2018, order to show cause on jurisdiction remains pending. The appellant and appellee Turner have both asserted that the appeal can be "dismissed" as to Turner. In light of those assertions, the appellant shall within 10 days of the date of this order file a response to the April 16, 2018, order to show cause on jurisdiction. The court provisionally concludes that the only basis for the appeal relates to count 2 of the second amended complaint and the sole count of the interpleader complaint, such that it would appear that the case is final as to appellee/defendant Vanderlaan. See Fla. R. App. P. 9.110(k).Additionally, the appellant shall show cause why the initial brief should not be stricken, as it includes argument as against appellee Turner. The court anticipates directing an amended initial brief.Appellee Turner shall within 10 days of the date of this order show cause why his answer brief should not be stricken to the extent that he wishes to be removed as an appellee from this appeal. The court notes that no answer brief has been filed by appellee Vanderlaan.
|
|
| Docket Date |
2019-05-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S STATUS REPORT TO THE COURT AND PERMISSION TO DISMISSAPPELLEE THOMAS TURNER FROM THIS APPEAL
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2019-02-20
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ The parties shall file updated status reports on the bankruptcy proceedings on the date that falls 120 days from the date of this order or upon the lifting or expiration of the bankruptcy stay, whichever is sooner.
|
|
| Docket Date |
2019-02-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE, THOMAS TURNER'S, STATUS REPORT
|
| On Behalf Of |
THOMAS TURNER
|
|
| Docket Date |
2018-04-16
|
| 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), 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 |
2019-01-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 332 PAGES
|
|
| Docket Date |
2018-10-11
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
bankruptcy stay ~ This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction. The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties are requested to provide this court with individual status reports or a joint report.
|
|
| Docket Date |
2018-10-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2018-09-24
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ NOTICE OF CASE UNDER CHAPTER 7 OF THE UNITED STATES BANKRUPTCY CODE AND NOTICE OF AUTOMATIC STAY
|
| On Behalf Of |
THOMAS TURNER
|
|
| Docket Date |
2018-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Denying Extension of Reply Brief ~ The appellant's motion for extension of time is granted to the extent that the appellant may serve a single reply brief in response to both answer briefs once appellee Bruce Vanderlaan serves his answer brief. The motion for extension of time is denied as premature to the extent that the appellant requests a specific briefing schedule. The appellant may request an extension once appellee Vanderlaan serves his answer brief.
|
|
| Docket Date |
2018-09-12
|
| 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 |
BUYGONE, INC.
|
|
| Docket Date |
2018-09-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee Bruce Vanderlaan's motion to supplement the record is granted, and appellee shall make arrangements within three days with the clerk of the 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.Appellee Bruce Vanderlaan's motion for extension of time is granted, and the answer brief shall be served within thirty days from the date of this order.
|
|
| Docket Date |
2018-09-04
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ SUPPLEMENTAL DIRECTIONS TO THE CLERK
|
| On Behalf Of |
THOMAS TURNER
|
|
| Docket Date |
2018-09-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
THOMAS TURNER
|
|
| Docket Date |
2018-08-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ ***STRICKEN***(see 05/21/19 order)
|
| On Behalf Of |
THOMAS TURNER
|
|
| Docket Date |
2018-08-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee Bruce Vanderlaan's motion for an extension of time is granted to the extent that Appellee(s) shall serve the answer brief(s) by September 4, 2018.
|
|
| Docket Date |
2018-08-17
|
| 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 |
THOMAS TURNER
|
|
| Docket Date |
2018-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by September 3, 2018.
|
|
| Docket Date |
2018-08-14
|
| 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 |
THOMAS TURNER
|
|
| Docket Date |
2018-07-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ ***STRICKEN***(see 05/21/19 order)
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2018-06-12
|
| 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 is granted, and the initial brief shall be served by August 1, 2018.
|
|
| Docket Date |
2018-06-08
|
| 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 |
BUYGONE, INC.
|
|
| Docket Date |
2018-06-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ LABODA - 287 PAGES
|
|
| Docket Date |
2018-04-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2018-04-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE REGARDING ORDER TO SHOW CAUSE REGARDING NONFINALITY
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2018-04-24
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's April 16, 2018 order to show cause is discharged.
|
|
| Docket Date |
2018-04-20
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2018-04-17
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2018-04-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2018-04-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ATTACHED ORDERS APPEALED
|
| On Behalf Of |
BUYGONE, INC.
|
|
| Docket Date |
2018-04-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
