Docket Date |
2023-03-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1,499 PAGES
|
On Behalf Of |
Palm Beach Clerk
|
|
Docket Date |
2023-02-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ January 11, 2023 motion to amend briefing schedule and for enlargement of time is granted, and appellants shall serve the initial brief on or before May 17, 2023. 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 |
2023-02-09
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **Stricken**
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2023-06-12
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2024-04-08
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-03-21
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-03-21
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
Order on Motion for Rehearing
|
View |
View File
|
|
Docket Date |
2024-03-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response in Opposition to Motion for Issuance of Written Opinion or Alternatively for Rehearing
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2024-03-09
|
Type |
Motion
|
Subtype |
Rehearing
|
Description |
Appellants' Motion for Issuance of Written Opinion or Alternatively, For Rehearing
|
View |
View File
|
|
Docket Date |
2024-02-22
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed
|
View |
View File
|
|
Docket Date |
2024-02-22
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order on Motion For Attorney's Fees
|
View |
View File
|
|
Docket Date |
2023-12-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response in Opposition to Appellee UH-SI, LLC's Motion for Appellate Attorney's Fees
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2023-11-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Order on Motion for Extension of Time to File Response
|
View |
View File
|
|
Docket Date |
2023-11-16
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
Constance Avaras
|
View |
View File
|
|
Docket Date |
2023-11-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
|
Docket Date |
2023-11-01
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees (Response filed 11/30/23).
|
|
Docket Date |
2023-11-01
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
Order on Motion To Dismiss
|
View |
View File
|
|
Docket Date |
2023-10-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order on Motion for Extension of Time to Serve Reply Brief
|
View |
View File
|
|
Docket Date |
2023-10-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Motion for Extension of Time to Serve Reply Brief
|
|
Docket Date |
2023-10-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Appellee's Motion to Dismiss
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2023-10-16
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Order Appellants to File Response
|
View |
View File
|
|
Docket Date |
2023-09-28
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
11 DAYS TO 10/30/2023.
|
|
Docket Date |
2023-09-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension of Time - Reply Brief
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2023-09-21
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2023-09-15
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Notice of Joinder of Answer Brief
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2023-09-14
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
UH-SI, LLC
|
View |
View File
|
|
Docket Date |
2023-08-15
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/14/2023.
|
|
Docket Date |
2023-08-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2023-07-05
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORD-Withdraw as Counsel ~ ORDERED that the June 12, 2023 motion of Joseph Grant, Esq., counsel for appellant Apollo Investment Group, LLC., to withdraw as counsel is granted. This Court notes that appellant Apollo Investment Group, LLC will continue to be represented by attorneys Rebecca A. Rodriguez and Sophie M. Labarge of Nelson Mullins Riley & Scarborough, LLP.
|
|
Docket Date |
2023-06-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2023-06-13
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 08/15/2023.
|
|
Docket Date |
2023-05-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2023-02-09
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee’s February 9, 2023 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2023-02-01
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellants’ January 11, 2023 motion to amend briefing schedule and for enlargement of time to file initial brief.
|
|
Docket Date |
2023-01-11
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2023-01-11
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ AND MOTION TO AMEND BRIEFING SCHEDULE
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-12-12
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
ORD-Granting Consolidation ~ ORDERED sua sponte that case numbers 4D22-149 and 4D22-2924 are now consolidated for all purposes and shall proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-149. Further, ORDERED that appellee 3800 N. Ocean Fr. Unit 1703, LLC’s November 17, 2022 motions to relinquish jurisdiction, filed in case numbers 4D22-149 and 4D22-2924, are denied. The trial court has continuing jurisdiction to grant or deny motions to stay during the pendency of this appeal. Fla. R. App. P. 9.310(a).
|
|
Docket Date |
2022-11-17
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2022-11-15
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee 3800 N. Ocean Dr. Unit 1703, LLC’s November 15, 2022 motion for limited relinquishment of jurisdiction is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
Docket Date |
2022-11-15
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction ~ **Stricken**
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2022-11-14
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ Upon consideration of appellants’ November 7, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within five (5) days from the date of this order, as to why case numbers 4D22-149 and 4D22-2924 should not be consolidated for all purposes.
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|
Docket Date |
2022-11-03
|
Type |
Order
|
Subtype |
Order on Request for Emergency Treatment
|
Description |
Denying Request for Emergency Treatment ~ ORDERED that, upon consideration of appellant Constance Avaras’ November 2, 2022 request for emergency treatment and November 2, 2022 emergency motion to stay, the November 2, 2022 request for emergency treatment is denied. “[A]n ‘emergency’ is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm.” Admin. Order No. 2014-1. Dispossession of property and the threat of foreclosure do not constitute irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); see also B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award); Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) (“The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment.”). The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
Docket Date |
2022-11-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO EMERGENCY MOTION TO STAY
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2022-11-02
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay ~ EMERGENCY
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-10-14
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ ORDER APPEALED.
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2022-09-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' unopposed September 2, 2022 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for sixty (60) days. Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
Docket Date |
2022-09-02
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ FOR RELINQUISHMENT OF JURISDICTION
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-08-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants’ August 8, 2022 motion to extend relinquishment found within the status report is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
Docket Date |
2022-08-08
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ AND AGREED MOTION TO EXTEND RELINQUISHMENT OF JURISDICTION
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-08-04
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, as to the relinquishment.
|
|
Docket Date |
2022-06-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant’s June 28, 2022 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
Docket Date |
2022-06-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ TO RELINQUISH JURISDICTION
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-06-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
UH-SI, LLC
|
|
Docket Date |
2022-06-01
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant’s May 26, 2022 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days for the limited purpose of allowing the trial court to rule on the pending objection to foreclosure sale, emergency motion to stay writ of possession, and the subsequently submitted memorandums on the emergency motion. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
Docket Date |
2022-05-26
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-05-20
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Apollo Investment Group, LLC
|
|
Docket Date |
2022-05-20
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement ~ NOTICE OF PAYMENT AND MOTION FOR REHEARING
|
On Behalf Of |
Apollo Investment Group, LLC
|
|
Docket Date |
2022-05-20
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **22-1066 HAS BEEN REINSTATED** ORDERED sua sponte that 4D22-1066 is dismissed for non-payment of the $300.00 filing fee. Case number 4D22-0149 remains pending.
|
|
Docket Date |
2022-05-20
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ ORDERED that appellant's May 20, 2022 motion for rehearing is granted and case number 4D22-1066 is reinstated.
|
|
Docket Date |
2022-05-16
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
ORD-Granting Consolidation ~ ORDERED sua sponte that the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-149.
|
|
Docket Date |
2022-05-02
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ Upon consideration of appellants’ April 22, 2022 notice of similar case pending, it is ORDERED that the parties are to show cause, within five (5) days from the date of this order, as to why case numbers 4D22-149 and 4D22-1066 should not be consolidated for all purposes.
|
|
Docket Date |
2022-04-26
|
Type |
Order
|
Subtype |
Order on Motion to Set Briefing Schedule
|
Description |
ORD-Setting Briefing Schedule ~ ORDERED that the appellants’ April 22, 2022 motion to extend briefing schedule is granted. Appellants shall file the initial brief within thirty (30) days from the date of the transmittal of the record on appeal. Further, appellants shall confer with the clerk of the lower tribunal concerning the outstanding invoice for preparation of the record on appeal and pay said invoice within five (5) days of the date of this order.
|
|
Docket Date |
2022-04-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-04-22
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Set Briefing Schedule
|
Description |
Mot. to set briefing schedule
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-04-05
|
Type |
Order
|
Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the March 14, 2022 amended motion of Jessica L. Kerr, Esq., for leave to withdraw as counsel for Constance Katavolos-Avaras and Apollo Investment Group, LLC is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc’ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Accordingly, it isORDERED that the appeal on behalf of Constance Katavolos-Avaras and Apollo Investment Group, LLC shall be dismissed unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. Further, ORDERED that this case is stayed pending the above.
|
|
Docket Date |
2022-03-16
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
|
On Behalf Of |
Palm Beach Clerk
|
|
Docket Date |
2022-03-14
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel ~ **Stricken**
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-03-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ March 14, 2022 motion to withdraw as counsel is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2022-01-28
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-01-18
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Constance Avaras
|
|
Docket Date |
2022-01-18
|
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. 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 lower tribunal clerk's determination of indigent status is filed.
|
|
Docket Date |
2022-01-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-01-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|