| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562012CP000808 FM
|
Parties
| Name |
ESTATE OF ELIZA MILLER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
L.C. MILLER, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JONATHAN SCOTT GUNN
|
|
| Name |
DWIGHT G.A. DAWKINS, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL J. O'CONNOR
|
|
| Name |
DWIGHT G.A. DAWKINS, M.D., P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-01-26
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellees’ January 3, 2017 motion to dismiss is granted. The trial court was without jurisdiction to consider appellant’s rule 1.540(b) motion. First, the motion was not brought within one year of the June 19, 2014 order, as required by rule 1.540(b)(1), (2), and (3). Second, the June 19 and October 17, 2014 orders were not void. Craven v. J. M. Fields, Inc., 226 So. 2d 407 (Fla. 4th DCA 1969), Osceola Farms Co. v. Sanchez, 238 So. 2d 477 (Fla. 4th DCA 1970), and Seymour v. Panchita Inv., Inc., 28 So. 3d 194 (Fla. 3d DCA 2010) are all distinguishable, as they all involve orders entered without notice of the proceedings which resulted in their entry. Here, appellant merely argues he was not timely noticed of the entry of the orders following the proceedings. Rule 1.540(b)(4) is thus inapplicable. See Cornelius v. Holzman, 193 So. 3d 1029, 1032 (Fla. 4th DCA 2016); Alekseyev v. U.S. Bank Nat. Ass'n, 189 So. 3d 935, 937 (Fla. 4th DCA 2016), reh'g denied (Apr. 27, 2016). Further, this court acknowledges its June 30, 2016 order in case number 4D16-375, which provided that dismissal was without prejudice to appellant to file a rule 1.540 motion. However, the order also advised that it did not constitute a comment on the merits of such a motion, and the efficacy of such a motion was not before this court at that time. Accordingly, this appeal is dismissed.LEVINE, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
| Docket Date |
2017-01-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
L.C. MILLER
|
|
| Docket Date |
2017-01-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
L.C. MILLER
|
|
| Docket Date |
2017-01-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ "AS UNTIMELY"
|
| On Behalf Of |
DWIGHT G.A. DAWKINS, M.D.
|
|
| Docket Date |
2017-01-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DWIGHT G.A. DAWKINS, M.D.
|
|
| Docket Date |
2016-12-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (35 PAGES)
|
|
| Docket Date |
2016-12-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
L.C. MILLER
|
|
| Docket Date |
2016-12-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
L.C. MILLER
|
|
| Docket Date |
2016-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's November 22, 2016 unopposed 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 twenty (20) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2016-11-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (322 PAGES)
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2016-11-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
L.C. MILLER
|
|
| Docket Date |
2017-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee's January 3, 2017 motion for attorneys' fees is denied.
|
|
| Docket Date |
2017-01-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-10-14
|
| 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 |
2016-10-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-10-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
L.C. MILLER
|
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562012CP000808 FM
|
Parties
| Name |
ESTATE OF ELIZA MILLER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
L.C. MILLER, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JONATHAN SCOTT GUNN
|
|
| Name |
DWIGHT G.A. DAWKINS, M.D., P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DWIGHT G.A. DAWKINS, M.D.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL J. O'CONNOR
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellee¿s June 13, 2016 motion to dismiss is granted. Dismissal is without prejudice for appellant to seek relief pursuant to Florida Rule of Civil Procedure 1.540. Although appellant has previously requested the trial court to vacate and re-enter the order, she has not done so via rule 1.540, which is the appropriate method for seeking relief. See, e.g., Sharpe v. Stanley, 136 So. 3d 788, 789 (Fla. 1st DCA 2014); Snelson v. Snelson, 440 So. 2d 477, 477 (Fla. 5th DCA 1983). This order is not a comment on the merits of any such rule 1.540 motion.CIKLIN, C.J., LEVINE and FORST, JJ., concur.
|
|
| Docket Date |
2016-06-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-06-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
L.C. MILLER
|
|
| Docket Date |
2016-06-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
DWIGHT G.A. DAWKINS, M.D.
|
|
| Docket Date |
2016-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 21 DAYS TO 6/13/16
|
| On Behalf Of |
DWIGHT G.A. DAWKINS, M.D.
|
|
| Docket Date |
2016-05-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
L.C. MILLER
|
|
| Docket Date |
2016-05-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
L.C. MILLER
|
|
| Docket Date |
2016-04-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 7 pages ***IN CONFIDENTIAL**
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2016-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 21 DAYS TO 05/04/16
|
| On Behalf Of |
L.C. MILLER
|
|
| Docket Date |
2016-02-04
|
| 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 |
2016-02-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-02-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
L.C. MILLER
|
|
|
