Docket Date |
2023-04-10
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE AND REQUEST TO DENY THE "APPELLANT'S MOTION FOR 'LEAVE OF THIS COURT'/TO RELINQUISH JURISDICTION BACK TO THE TRIAL COURT TO HEAR THE APPELLANT/ESTATE'S 'MOTION TO CORRECT THE FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE ENTERED ON JULY 20, 2021 PURSUANT TO RULE 12.540(a) OF THE FLORIDA FAMILY COURT RULES OF PROCEDURE' AS AUTHORIZED BY RULE 9.600(a) OF THE FLORIDA RULES OF APPELLATE PROCEDURE" IN COMPLIANCE WITH THIS HONORABLE COURT'SORDER OF MARCH 20, 2023
|
On Behalf Of |
EDWARD W. BUTTNER
|
|
Docket Date |
2023-04-19
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
Relinquishment denied (OD49) ~ Appellee’s Response to Appellant’s Motion to Relinquish Jurisdiction, and Appellant’s Reply to the Response are noted. Upon consideration, Appellant’s Motion to Relinquish Jurisdiction is hereby denied.
|
|
Docket Date |
2023-05-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Extension granted to file answer brief NFE (OG04A) ~ Appellant’s Response to Appellee’s Motion for Extension of Time to File Answer Brief is noted. Appellee’s Motion for Extension of Time to File the Answer Brief is granted to and including June 12, 2023, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appellee(s) will be precluded from filing an answer brief and/or presenting oral argument to the Court in this cause.
|
|
Docket Date |
2023-05-09
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-05-08
|
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 |
EDWARD W. BUTTNER
|
|
Docket Date |
2023-10-10
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-10-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2023-09-20
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed
|
View |
View File
|
|
Docket Date |
2023-09-01
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, Appellant’s Request for Oral Argument is hereby denied.
|
|
Docket Date |
2023-08-14
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-07-28
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-07-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Extension granted to file reply brief (OG05) ~ Appellant’s Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including August 3, 2023.
|
|
Docket Date |
2023-07-24
|
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 |
TIFFANY MARTIN
|
|
Docket Date |
2023-07-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ RB-10 days to 7/24/23
|
|
Docket Date |
2023-07-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-06-12
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ APPENDIX TO THE APPELLEE'S ANSWER BRIEF
|
On Behalf Of |
EDWARD W. BUTTNER
|
|
Docket Date |
2023-06-12
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
EDWARD W. BUTTNER
|
|
Docket Date |
2023-04-17
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ APPELLANT'S REPLY TO APPELLEE'S RESPONSE ON THE ISSUE OF RELINQUISHMENT OF JURISDICTION BACK TO THE TRIAL COURT TO HEAR THE APPELLANT/ESTATE'S MOTION TO CORRECT THE FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE ENTERED ON JULY 20, 2021 PURSUANT TO RULE 12.540(a) FLA. FAM. CT. R. P. AS AUTHORIZED BY RULE 9.600(a) FLA. R. APP. P.
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-03-20
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Order Response: Motion (OR23) ~ Appellee is ordered to file a response, within twenty (20) days from the date of this Order, to Appellant's Motion to Relinquish Jurisdiction. A reply may be filed within ten (10) days of service of the response.
|
|
Docket Date |
2023-03-16
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction ~ APPELLANT'S MOTION FOR "LEAVE OF THIS COURT"/TO RELINQUISH JURISDICTION BACK TO THE TRIAL COURT TO HEAR THE APPELLANT/ESTATE'S "MOTION TO CORRECT THE FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE ENTERED ON JULY 20, 2021 PURSUANT TO RULE 12.540(a) OF THE FLORIDA FAMILY COURT RULES OF PROCEDURE" AS AUTHORIZED BY RULE 9.600(a) OF THE FLORIDA RULES OF APPELLATE PROCEDURE
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-03-16
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-03-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 05/08/2023
|
|
Docket Date |
2023-03-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
EDWARD W. BUTTNER
|
|
Docket Date |
2023-02-07
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion For Oral Argument ~ APPELLANT'S REQUEST FOR ORAL ARGUMENT
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-02-07
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLANT/PERSONAL REPRESENTATIVE'S MOTION FORAPPELLATE ATTORNEYS' FEES AND COSTS
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-02-07
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-02-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2023-01-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-18 days to 02/07/2023
|
|
Docket Date |
2023-01-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2022-12-14
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
EDWARD W. BUTTNER
|
|
Docket Date |
2022-12-12
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s Motion to Supplement the Record on Appeal, filed on November 22, 2022, is granted, and the record on appeal is supplemented to include the documents and transcripts that are contained in the Appendix to said Motion.
|
|
Docket Date |
2022-12-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2022-12-02
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-45 Days to 1/20/2023
|
|
Docket Date |
2022-12-01
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcripts
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2022-12-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO NOVEMBER 28, 2022 ORDER
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2022-11-28
|
Type |
Order
|
Subtype |
Order
|
Description |
Appellant ordered to pay for record (OR35) ~ The record on appeal herein has not been transmitted to this Court for the reason, the Court is informed, that the clerk of the lower court has not been paid the required fee. It is therefore ordered that counsel for the appellant shall cause the record on appeal to be filed in this Court no later than ten (10) days from the date of this Order. Counsel for the appellant’s default shall result in the dismissal of this appeal.
|
|
Docket Date |
2022-11-22
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement the Record
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2022-11-22
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2022-09-30
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
EDWARD W. BUTTNER
|
|
Docket Date |
2022-09-30
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
TIFFANY MARTIN
|
|
Docket Date |
2022-09-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
Docket Date |
2023-09-20
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
The Court finds that Appellant's appeal was not frivolous or in bad faith. The Court therefore remands Appellant's Motion for Appellate Attorneys' Fees and Costs to the trial court for consideration, subject to a determination of need and ability to pay pursuant to Rosen v. Rosen, 696 So. 2d 697 (Fla. 1997), and section 61.16, Florida Statutes. See Abraham v. Abraham, 753 So. 2d 625, 625 (Fla. 3d DCA 2000) ("Although the wife did not prevail in her action, the record does not demonstrate that she acted in bad faith, or that this litigation was 'frivolous or spurious or was brought primarily to harass the adverse party.'" (quoting Cervoni v. Cervoni, 715 So. 2d 282, 284 (Fla. 3d DCA 1998))); Abernethy v. Fishkin, 638 So. 2d 160, 164 (Fla. 5th DCA 1994) ("Statutory fees awarded pursuant to section 61.16 are not based upon a prevailing-party standard.").
LINDSEY, GORDO and LOBREE, JJ., concur.
|
View |
View File
|
|
Docket Date |
2023-04-17
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ APPENDIX TO APPELLANT'S REPLY TO APPELLEE'S RESPONSE ON THE ISSUE OF RELINQUISHMENT OF JURISDICTION BACK TO THE TRIAL COURT TO HEAR THE APPELLANT/ESTATE'S MOTION TO CORRECT THE FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE ENTERED ON JULY 20, 2021 PURSUANT TO RULE 12.540(a) FLA. FAM. CT. R. P. AS AUTHORIZED BY RULE 9.600(a) FLA. R. APP.P.
|
On Behalf Of |
TIFFANY MARTIN
|
|