| Docket Date |
2019-12-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellants’ October 4, 2019 motion for rehearing, rehearing en banc and written opinion is denied.
|
|
| Docket Date |
2019-11-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-10-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING,REHEARING EN BANC, AND WRITTEN OPINION
|
| On Behalf Of |
DEBORAH FUSCO
|
|
| Docket Date |
2019-10-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2019-09-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-09-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that the appellees, Deborah Fusco and James D. Smith's March 11, 2019 motion for attorney's fees is granted conditioned on the trial court determining that appellees are entitled to fees under section 768.79, 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. FurtherORDERED that the motion for costs filed by William B. Lewis is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2019-05-01
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2019-04-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
DEBORAH FUSCO
|
|
| Docket Date |
2019-04-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' April 23, 2019 motion for extension of time is granted, and appellant shall serve the reply brief within seven (7) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, 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 reply 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 |
2019-04-23
|
| 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 |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2019-04-08
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 4/23/19
|
|
| Docket Date |
2019-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2019-03-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DEBORAH FUSCO
|
|
| Docket Date |
2019-03-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
DEBORAH FUSCO
|
|
| Docket Date |
2019-02-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 03/09/2019
|
|
| Docket Date |
2019-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
DEBORAH FUSCO
|
|
| Docket Date |
2018-12-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 2/7/19
|
|
| Docket Date |
2018-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
DEBORAH FUSCO
|
|
| Docket Date |
2018-11-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-02-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellants are directed to file a status report within ten (10) days from the date of this order regarding the progress being made toward the disposition of pending post-judgment motions in the trial court.
|
|
| Docket Date |
2018-11-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds the page limit. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2018-11-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ ***STRICKEN***
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-11-05
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (227 PAGES) (1610-1836)
|
|
| Docket Date |
2018-11-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants' October 23, 2018 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2018-10-29
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellants’ October 23, 2018 response, it is ORDERED that appellees’ October 23, 2018 amended motion to dismiss for failure to comply with court orders is denied. Further, upon consideration of appellees’ October 25, 2018 response, it is ORDERED that appellants’ October 23, 2018 motion to correct initial brief is denied. This court notes that the initial brief has not been filed. Therefore, the appellants shall serve the initial brief within ten (10) days from the date of this order. No further extensions of time shall be given for this purpose and failure to file the initial brief within the deadline imposed will result in the dismissal of the appeal for lack of prosecution.
|
|
| Docket Date |
2018-10-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' MOTION TO CORRECT INITIAL BRIEF
|
| On Behalf Of |
DEBORAH FUSCO
|
|
| Docket Date |
2018-10-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS *AND* MOTION TO CORRECT INITIAL BRIEF.
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-10-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ ***AMENDED***
|
| On Behalf Of |
DEBORAH FUSCO
|
|
| Docket Date |
2018-10-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-10-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ **SEE AMENDED MOTION 10/23/18**
|
| On Behalf Of |
DEBORAH FUSCO
|
|
| Docket Date |
2018-10-19
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (683 PAGES)
|
|
| Docket Date |
2018-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Upon consideration of appellees' October 2, 2018 response, it is ORDERED that appellants' September 28, 2018 "motion for stay of appeal to conduct mediation and to extend time to file initial brief after mediation" is denied in part and granted in part. The motion to stay to conduct mediation is denied. The motion for extension of time is granted in part, and appellants shall serve the initial brief within ten (10) 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. Appellants are 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 litigants.
|
|
| Docket Date |
2018-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STAY
|
| On Behalf Of |
DEBORAH FUSCO
|
|
| Docket Date |
2018-09-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' September 17, 2018 motion for extension of time is granted, and appellants shall serve the initial brief within ten (10) 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 |
2018-09-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ ***SUPPLEMENTAL***
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-08-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ ***SEE SUPPLEMENTAL MOTION FILED 9/17/18***
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' July 20, 2018 motion for extension of time is granted, and appellants 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 |
2018-07-20
|
| 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 |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-06-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1609 PAGES
|
|
| Docket Date |
2018-06-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/20/18
|
|
| Docket Date |
2018-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-05-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellants' May 18, 2018 "updated and corrected status report," it is ORDERED that the above-styled appeal shall proceed as to the final judgment as all pending post-judgment motions have been disposed of by the trial court. The appeal is dismissed without prejudice as to the "order granting entitlement to attorneys' fees," as it fails to fix the amount of fees. The appellants shall serve the initial brief within thirty (30) days from the date of this order; further, ORDERED that appellants' May 18, 2018 "request for extension of time to file initial brief to the extent required" is determined to be moot.
|
|
| Docket Date |
2018-05-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ UPDATED AND CORRECTED STATUS REPORT *AND* REQUEST FOR EOT.
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-04-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-04-20
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellants are directed to file a status report within ten (10) days from the date of this order regarding the progress being made toward the disposition of pending post-judgment motions in the trial court.
|
|
| Docket Date |
2018-03-08
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ *CERTIFIED COPY*
|
|
| Docket Date |
2018-03-07
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-03-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that appellants' January 16, 2018 motion for clarification of court's January 3, 2018 order requesting basis of jurisdiction is granted. This court requested the brief jurisdictional statement to be filed as to the "order on plaintiffs' motion for entitlement to attorneys' fees and costs with incorporated memorandum of law" entered December 11, 2017. Pursuant to this court's January 3, 2018 order, the appeal shall proceed as to the final judgment once the pending post-judgment motions which suspend rendition are disposed of by the trial court.
|
|
| Docket Date |
2018-01-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ *OR, IN THE ALTERNATIVE* MOTION FOR CLARIFICATION OF COURT'S 1/3/18 ORDER REQUESTING BASIS OF JURISDICTION
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2018-01-03
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the order granting entitlement to attorneys' fees is an appealable order, as it does not fix the amount of fees, see Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994), Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007); and whether there is an interrelated counterclaim pending such that the final judgment would not yet be appealable, see Mendez v. West Flagler Family Association, Inc., 303 So. 2d 1 (Fla. 1974), Johnson v. HSBC Bank, 65 So. 3d 57 (Fla. 1st DCA 2011); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2017-12-20
|
| 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 |
2017-12-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JAMES F. SMITH, JR.
|
|
| Docket Date |
2017-12-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
