Docket Date |
2024-02-28
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-02-28
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-02-07
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order on Motion For Attorney's Fees
|
View |
View File
|
|
Docket Date |
2024-02-07
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed -In Part and Dismissed in Part
|
View |
View File
|
|
Docket Date |
2023-11-29
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order on Motion/Request for Oral Argument
|
View |
View File
|
|
Docket Date |
2023-11-06
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
|
Docket Date |
2023-11-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response IN OBJECTION TO (1) APPELLEE'S AMENDED MOTION FOR ATTORNEY'S FEES AS SANCTIONS FOR APPELLANT'S FALSE AND MISLEADING REPRESENTATIONS TO THIS COURT (November 1, 2023); (2) NOTICE OF FILING AMENDED MOTION FOR ATTORNEY'S FEES AS SANCTIONS FOR APPELLANT'S FALSE AND MISLEADING REPRESENTATIONS TO THIS COURT (November 1, 2023); and (3) AMENDED CERTIFICATE OF SERVICE TO APPELLEE'S AMENDED MOTION FOR ATTORNEY'S FEES AS SANCTIONS FOR APPELLANT'S FALSE AND MISLEADING REPRESENTATIONS TO THIS COURT
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-11-01
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
APPELLEE'S NOTICE OF FILING AMENDED MOTION FOR ATTORNEY'S FEES AS SANCTIONS FOR APPELLANT'S FALSE AND MISLEADING REPRESENTATIONS TO THIS COURT
|
|
Docket Date |
2023-10-13
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
ORDERED that, upon consideration of Appellants' October 3, 2023 response, Appellee's September 28, 2023 motion to strike Appellants' reply brief is denied. Further, ORDERED that, upon consideration of Appellants' October 5, 2023 objection, Appellee's October 4, 2023 motion to relinquish jurisdiction is denied. McNulty v. BankUnited, 140 So. 3d 1041, 1042 (Fla. 3d DCA 2014).
|
View |
View File
|
|
Docket Date |
2023-10-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Motion for Attorney Fees and Sanctions
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-10-06
|
Type |
Response
|
Subtype |
Objection
|
Description |
Appellants' Objection to Appellee's Motion Regarding Possible Relinquishment, etc.
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-10-04
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
MOTION REGARDING POSSIBLE RELINQUISHMENT OF JURISDICTION TO CONFIRM DATE ON WHICH APPELLANTS FIRST RECEIVED MOTION FOR EMERGENCY HEARING
|
|
Docket Date |
2023-10-03
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
|
Docket Date |
2023-10-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response TO APPELLEE'S MOTION TO STRIKE APPELLANT'S REPLY BRIEF
|
|
Docket Date |
2023-10-02
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORDERED that Appellants are directed to respond, within ten (10) days from the date of this order, to Appellee's September 28, 2023 motion to strike reply brief.
|
View |
View File
|
|
Docket Date |
2023-10-02
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
**Response Filed 10/11/2023** Motion For Attorney's Fees and Sanctions
|
|
Docket Date |
2023-09-28
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike Appellants' Reply Brief
|
|
Docket Date |
2023-09-07
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant's Reply Brief
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-09-07
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellants' appendix to the reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2023-09-07
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-09-06
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-09-06
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-09-06
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ **STRICKEN**
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-09-01
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Deny Motion to Strike ~ ORDERED that appellants' August 28, 2023 motion to strike appellee's amended answer brief is denied without prejudice to raising the arguments in a reply brief.
|
|
Docket Date |
2023-08-28
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ MOTION TO STRIKE APPELLEE'S AMENDED ANSWER BRIEF
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-08-23
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee's Answer Brief
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-08-21
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion Serve Amended Brief ~ ORDERED that, upon consideration of appellants' August 16, 2023 response, appellee’s August 15, 2023 motion for leave to file an amended answer brief is granted. However, appellee’s August 15, 2023 proposed amended answer brief is stricken, as it contains improper external hyperlinks. Appellee may file a corrected amended answer brief that does not contain external hyperlinks within three (3) days from the date of this order. Further, ORDERED that appellants’ August 17, 2023 motion to take judicial notice of this court’s opinion in Case No. 4D22-0102 is granted. Further, ORDERED that appellants’ August 16, 2023 motion to strike the proposed amended answer brief, and appellants’ August 17, 2023 motion to strike appellee’s response are denied as moot.
|
|
Docket Date |
2023-08-17
|
Type |
Motions Other
|
Subtype |
Motion/Request for Judicial Notice
|
Description |
Motion/Request for Judicial Notice ~ **GRANTED, SEE 08/21/2023 ORDER** MOTION TO TAKE JUDICIAL NOTICE OF THIS COURT'S OPINION IN CASE NO. 4D23-0102
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-08-17
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO STRIKE APPELLEE'S "RESPONSE"
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-08-15
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief ~ MOTION FOR LEAVE TO FILE CORRECTED ANSWER BRIEF
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-08-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OBJECTION TO APPELLEE'S MOTION TO FILE CORRECTED BRIEF AND APPELLANTS' MOTION TO STRIKE
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-08-15
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee's Answer Brief ~ **STRICKEN** PROPOSED
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-08-15
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's August 14, 2023 answer brief 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 |
2023-08-14
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ **STRICKEN**
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-08-02
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Denying Extension of Answer Brief ~ ORDERED that appellee's July 10, 2023 motion for extension of time is denied. Appellee shall file the answer brief within ten (10) days from the date of this order. Failure to comply with this order will foreclose appellee’s right to file an answer brief.
|
|
Docket Date |
2023-07-26
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
ORD-Grant Rehearing on Interim Order ~ ORDERED that appellee’s July 13, 2023 motion for rehearing is granted, and the order of July 10, 2023, is vacated. The appellee’s June 22, 2023 motion to supplement the record is granted, and appellee’s June 22, 2023 supplemental record is deemed filed. This is without prejudice to any argument appellant may make against the use of such records in any reply to appellee's answer brief.
|
|
Docket Date |
2023-07-19
|
Type |
Order
|
Subtype |
Order on Motion for Leave to File Reply
|
Description |
ORD-Granting Leave to File Reply ~ ORDERED that the appellee's July 17, 2023 motion for leave to file a reply is granted. The reply was filed July 17, 2023.
|
|
Docket Date |
2023-07-17
|
Type |
Motions Other
|
Subtype |
Motion for Leave to File Reply
|
Description |
Motion for leave to file reply ~ TO APPELLANTS' RESPONSE TO APPELLEE'S REQUEST FOR REHEARING
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-07-17
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ IN OPPOSITION TO APPELLEE'S REQUEST FOR REHEARING, OR JUDICIAL NOTICE
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-07-14
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within ten (10) days from the date of this order, to appellee’s July 13, 2023 motion.
|
|
Docket Date |
2023-07-13
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing on an Order ~ MOTION FOR REHEARING REGARDING JULY 10, 2023, ORDER WHICH EXCLUDES FROM THE RECORD EVIDENCE THE TRIAL COURT EXPRESSLY RELIED UPON IN SUPPORT OF ITS RULING OR IN THE ALTERNATIVE, REQUEST FOR JUDICIAL NOTICE.
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-07-10
|
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 |
Jennifer Walter
|
|
Docket Date |
2023-07-10
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Deny Motion to Supplement Record ~ **VACATED 07/26/2023**ORDERED that, upon consideration of appellants' June 26, 2023 response, appellee's June 22, 2023 motion to supplement the record is denied, and appellee's June 22, 2023 proposed supplemental records are stricken. See Thornber v. City of Fort Walton Beach, 534 So. 2d 754, 755 (Fla. 1st DCA 1988) ("It is axiomatic that appellate review is confined to the record on appeal. An appellate court will not consider evidence that was not presented to the lower tribunal because the function of an appellate court is to determine whether the lower tribunal committed error based on the issues and evidence before it."); see also Cotton v. State, 177 So. 3d 666, 668 (Fla. 1st DCA 2015) ("We decline this request because we are not at liberty to add to this record documents that were never filed with the lower tribunal in this case and that there is no evidence the trial court reviewed.").
|
|
Docket Date |
2023-07-10
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ TO APPELLEE'S THIRD MOTION FOR ENLARGEMENT OF TIME
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-07-10
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-06-26
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-06-26
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ OBJECTION TO APPELLEE'S MOTION TO SUPPLEMENT THE RECORD FILED ON JUNE 22, 2023, AND RELATED MOTION FOR SANCTIONS
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-06-22
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record ~ **MOTION GRANTED. SEE THE 07/26/2023 ORDER**
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-06-22
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ **MOTION GRANTED. SEE THE 07/26/2023 ORDER**
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-06-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's June 1, 2023 motion for extension of time is granted in part, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
Docket Date |
2023-06-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANTS' IMPROPER REQUEST FOR EXPEDITED APPEAL
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-06-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ CORRECTED
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-06-01
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-06-01
|
Type |
Response
|
Subtype |
Objection
|
Description |
Objection ~ TO APPELLEE'S SECOND MOTION FOR ENLARGEMENT OF TIME
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-05-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s May 23, 2023 amended motion for extension of time is granted, and appellee shall serve the answer brief on or before June 1, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
|
|
Docket Date |
2023-05-23
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-05-23
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee's May 22, 2023 motion for extension of time 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 |
2023-05-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ **STRICKEN**
|
On Behalf Of |
Jennifer Walter
|
|
Docket Date |
2023-04-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-03-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ March 1, 2023 motion for extension of time is granted in part, without prejudice to seeking a further extension if necessary. Appellants shall serve the initial brief within forty-five (45) 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 |
2023-03-01
|
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 |
Barry Mark
|
|
Docket Date |
2023-02-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 359 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-02-16
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that Kelly D. Feig's February 15, 2023 notice of unavailability is stricken as unauthorized.
|
|
Docket Date |
2023-02-15
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ **STRICKEN** OF UNAVAILABILITY
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-01-11
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ ORDERED that appellants' January 10, 2023 motion for reconsideration is treated as a motion for reinstatement and is granted. The above-styled appeal is reinstated.
|
|
Docket Date |
2023-01-11
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ Invoice voided
|
|
Docket Date |
2023-01-10
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2023-01-10
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-01-10
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED 01/11/2023** ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
Docket Date |
2023-01-10
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2023-01-05
|
Type |
Order
|
Subtype |
Order Reclassifying Case
|
Description |
ORD-Non-Final Appeal Treated as Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a final order, rather than a non-final order. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly.
|
|
Docket Date |
2022-12-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-12-23
|
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 |
2022-12-22
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Barry Mark
|
|
Docket Date |
2022-12-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|